(a)

Purpose. The city council may amend the Comprehensive Plan of the City of Weatherford, known as the "General Plan," to revise or refine the goals and policies adopted therein. A request for consideration of any amendment pertaining to the Land Use and Development Element of the General Plan shall be subject to the procedures herein.

(b)

Comprehensive Plan map amendment. An amendment to the Comprehensive Plan map may be made when it is determined by the city council that the goals and policies of the Land Use and Development Element of the General Plan will be furthered by the assignment of a different place type to a particular area or areas.

(c)

Land use and development element text amendment. An amendment to the text of the Land Use and Development Element of the General Plan may be made when it is determined by the city council that the vision for the city, adopted within the General Plan, will be furthered by adjustment to the policies or specifics contained within the Land Use and Development for its implementation.

(d)

Amendment procedure.

(1)

A request for an amendment to the Land Use and Development Element may be initiated by a member of the public, city staff, or the planning and zoning commission, either alone or concurrent with a request for a zoning map or zoning text amendment.

(2)

Upon petition of a member of the public or city staff, or upon its own initiative, the planning and zoning commission may recommend that the city council amend the Land Use and Development Element of the General Plan upon findings that one or more of the following considerations merits such amendment:

a.

A consistent pattern of activity or development, or a technological or social innovation, which is not consistent with or not anticipated by the Land Use and Development Element as adopted, supports reconsideration of the place types as constituted or their designation to one or more areas on the General Plan map.

b.

Changes in the economic, demographic, or infrastructure facts underlying the development projections on which the Land Use and Development Element is based require that its goals and policies be adjusted.

c.

A consistent expression of community values differs significantly from the vision for the city's future adopted in the General Plan.

1.

A catastrophic event or other unforeseen circumstance requires an immediate change to facilitate development to ensure the security, health, or fiscal integrity of the city.

2.

One or more of the assumptions which informed the assignment of a place type to a particular area on the map was made in error, and a correction is necessary to implement the goals and policies of the General Plan.

3.

The city council may amend the Land Use and Development Element of the General Plan by a favorable vote of the majority of the members present. When so amended, the planning director shall make such changes to the text or the map as indicated.

(a)

Purpose. The purpose of this section is to establish the procedures and limitations under which this title may be amended.

(b)

Zoning text amendment. The city council may amend, supplement, suspend, or repeal this title or the provisions herein, subject to the procedures and limitations herein and in accordance with all applicable state laws, upon a determination that:

(1)

Such change will further the goals and policies of the Land Use and Development Element of the General Plan;

(2)

A catastrophic event or other unforeseen circumstance requires an immediate change to facilitate development to ensure the security, health, or fiscal integrity of the city; or

(3)

An error was made in the drafting or adoption of this title or any of its provisions that requires correction.

(c)

Zoning map amendment. The city council may amend the zoning map established by adoption of this title, subject to the procedures and limitations herein and in accordance with all applicable state laws, upon a determination that:

(1)

The goals and policies of the Land Use and Development Element of the General Plan will be furthered by the assignment of a different zoning district to a particular area or areas;

(2)

An amendment to the General Plan map has created an incompatibility with the assigned zoning district that can be resolved by the assignment of a different zoning district;

(3)

A catastrophic event or other unforeseen circumstance requires an immediate change to facilitate development to ensure the security, health, or fiscal integrity of the city; or

(4)

An error was made in the assignment of a zoning district that requires correction.

(d)

Periodic zoning map update.

(1)

The planning director shall, annually or as otherwise directed by the planning and zoning commission or city council, conduct a review of the zoning map and determine whether one or more of the conditions described in subsection (c) above exists to such extent that the goals and policies of the General Plan are impeded.

(2)

Upon a determination that such conditions exist, the planning director shall cause hearings to be scheduled before the planning and zoning commission and city council for consideration of one or more amendments to correct the conditions. The public shall be duly notified of the hearings by publishing the purpose, time, and place of the public hearing in the official newspaper of the city before the 15th calendar day prior to the date of the first hearing and by publishing a second such notice prior to the date of the hearing before the city council.

(3)

If the planning and zoning commission recommends, and the city council approves, amendments to the zoning map, the planning director shall update the zoning map.

(4)

The owner of any property affected by a periodic zoning map update shall have 90 days following adoption of the updated map to request an amendment to the zoning map for the affected property at no cost. The request shall be subject to the amendment procedure below.

(e)

Amendment procedure.

(1)

Applicant. A request for an amendment to this title or to the zoning map established by its adoption may be initiated by any of the following:

a.

The planning and zoning commission.

b.

City staff, either under the direction of the city council or planning and zoning commission or upon a discovery of error or professional judgment that an amendment is warranted.

c.

The owner(s) of real property or properties subject to the request, provided that no person who owes delinquent taxes, delinquent paving assessments, impact fees, or any other delinquent debts or obligations to the city, and which are directly attributable to a piece of property requested for zoning, shall be allowed to submit a request for a zoning amendment until the taxes, assessments, fees, debts, or obligations directly attributable to said property and owed by the owner or previous owner thereof shall have been first fully discharged by payment, or until an arrangement satisfactory to the city has been made for the payment of such taxes, assessments, debts or obligations. It shall be each owner's responsibility to provide credible documentation that all amounts owed have been paid.

(2)

Pre-application meeting. Any property owner(s) or authorized representative initiating an application for zoning amendment shall first request a pre-application meeting with the planning director. At the meeting, the director and other city staff will provide information and early assistance on the application and approval process.

(3)

Application. Any person, whether an owner of real property or city staff acting on behalf of the City of Weatherford, requesting a zoning amendment shall submit sufficient documentation to the planning director to initiate the required procedures and inform the director and the planning and zoning commission in their reports and recommendations to the city council. At a minimum, the application shall include:

a.

Completed application form. When a person who is not city staff acting on behalf of the City of Weatherford requests a zoning map amendment for one or more properties, the application shall bear the notarized signature(s) of the owner(s) of record of any and all properties subject to the request and be accompanied by the current deed(s) of record of other evidence of ownership acceptable to the director.

b.

Applicable fee.

c.

A written narrative that includes all of the following:

1.

Summary. Describe the purpose of the amendment and its intended outcomes. If a development project is proposed, describe the types and densities of dwellings and other land uses, buildings, necessary public improvements, and all distinguishing features of the project.

2.

Compatibility. Evaluate the relationship between the intended outcomes of the proposed amendment and the surrounding community or the city altogether.

3.

General Plan statement. Explain how the proposed amendment furthers the goals and policies of the General Plan.

d.

A survey or complete legal description of any property subject to a zoning map amendment request.

e.

If a development project is proposed with a zoning map amendment, provide a conceptual site plan, elevation drawings, construction details, or other graphics as needed to convey the location, mass, dimensions, appearance, and use of all project elements, as well as their relationship to the existing built and natural environment.

f.

If any subdivision of land is proposed as a part of a development project on property subject to a proposed zoning map amendment, an application for preliminary plat shall be submitted concurrently with the requested amendment.

(4)

Completeness review. Upon receipt of an application for zoning amendment, the planning director shall review all materials submitted to ensure that the application is complete for purposes of scheduling the hearings and reporting staff findings and recommendation. The director shall not file any incomplete or inadequate application with the planning and zoning commission or city council for consideration.

(5)

Public notice. Upon a determination of complete application, the planning director shall cause hearings to be scheduled before the planning and zoning commission and city council for consideration of the request. The public shall be duly notified of the hearings as follows:

a.

Zoning map amendments. For proposed zoning map amendments, notice of the public hearing to occur before the planning and zoning commission and the city council shall be accomplished by publishing the purpose, time, and place of the public hearing in the official newspaper of the city or a newspaper of general circulation in the city, and on the city's internet website before the 15th calendar day prior to the date of the public hearing. Written notice of each public hearing shall also be sent to each owner, as indicated by the most recently approved city tax roll, of real property within 200 feet thereof, said written notice to be sent before the tenth calendar day prior to the date such hearing is held. Such notice may be served by using the last known address as listed on the most recently approved tax roll and depositing the notice, postage paid, in the United States mail. The content and form of such written notice shall be consistent with Chapter 211, Texas Government Code, as amended.

b.

Zoning text amendments. For proposed zoning text amendments, notice of the public hearing to occur before the planning and zoning commission and the city council shall be accomplished by publishing the purpose, time, and place of the public hearing in the official newspaper of the city or a newspaper of general circulation in the city, and on the city's internet website before the 15th calendar day prior to the date of the public hearing. Changes in the ordinance text that do not change zoning district boundaries or otherwise amend the zoning map (i.e., which do not involve specific real property) do not require written notification to individual property owners.

c.

Sign posting. When a zoning map amendment (rezoning) or a conditional use permit is requested, the city shall ensure a sign is posted for the public hearing on the property affected by the zoning change or conditional use permit at least 10 days prior to the hearing. The sign shall be a minimum of 24" long by 48" wide and shall be posted on (1) the property affected by the request; or (2) a public right-of-way for a change initiated by the municipality that affects multiple properties. The sign shall remain posted until the date of a final determination by the governing body of the city.

d.

Comprehensive zoning changes. For a proposed comprehensive zoning change, as defined in Section 211.0011, Texas Local Government Code, the content and form of the notice shall be in accordance with Section 211.0063, Texas Local Government Code, as amended.

(6)

Staff report. The planning director shall report on the substantial facts of the request and shall submit a recommendation of approval or disapproval, based upon findings pertaining to the determination criteria above, to the planning and zoning commission and city council.

(7)

Planning and zoning commission. Upon receipt of the staff report and recommendation, and upon due notice as specified above, the planning and zoning commission shall hold a public hearing to receive testimony prior to deliberating on the proposed amendment. After closing the public hearing and deliberating as necessary, the planning and zoning commission shall pass a motion to recommend approval or disapproval to the city council based upon findings pertaining to the determination criteria above.

(8)

City council. Upon receipt of the staff report and the recommendations of staff and the planning and zoning commission, and upon due public notice as specified in subpart (5) above, the city council shall hold a public hearing to receive testimony prior to deliberating on the proposed amendment. After closing the public hearing and deliberating as necessary, the city council shall pass a motion to approve or disapprove the request based upon findings pertaining to the determination criteria above. In addition to those criteria, failure of an applicant or designated representative to appear before the city council shall constitute sufficient grounds to disapprove the request. For a proposed change to a zoning regulation or district boundary that is not a proposed comprehensive zoning change as defined in Section 211.0063, Texas Local Government Code, as amended, the rules and procedures governing protests in Section 211.0061, Texas Local Government Code, as amended, shall apply.

(f)

Effect of approval. Approval by the city council of a zoning amendment constitutes adoption of the ordinance describing the subject properties, the procedures followed to comply with local and state law, and the effect of the approval on the text or map of this title. The city manager shall cause the text and/or map to be updated in accordance with the orders in the adopting ordinance.

(g)

Reapplication following disapproval. Applications that have been disapproved, excluding applications disapproved solely on procedural grounds, may not be resubmitted for the same or a substantially similar proposal unless one or more of the following are met:

(1)

Twelve months have passed since the passage of the motion to disapprove by the city council;

(2)

Substantial changes have been made to the application that resolve all findings for disapproval of the application; or

(3)

General Plan goals and policies, or other standards or provisions of this title, relative to the findings of the disapproval of the application have changed.

(Ord. No. O2025-44, §§ 1, 2, 9-23-25)

(a)

Purpose.

(1)

The purpose of these development review procedures is to establish the requirements and coordinated processes for permitting development of property in accordance with all applicable regulations and administrative rules. These procedures are adopted to promote, among other items, the efficient and harmonious use of land, adequacy and managed extension of public infrastructure, safe and efficient vehicular and pedestrian circulation, parking and loading, lighting, screening, open space, landscaping, and natural features.

(2)

Assigned staff is responsible to review all applications for plat, site development permit, site plan review, and building permits for conformance with all regulations and design standards as well as compatibility with the General Plan of the city, adjacent properties, and the character of the surrounding neighborhood. Administrative officials are authorized to require supplemental documentation set forth in the appropriate application(s) or as indicated by the planning director, the chief building official, or the city engineer in order to ensure that the procedures fulfill their purpose to implement the intent of this title and the adopted policies of the General Plan.

(3)

The procedures in this section are generally ordered chronologically. It is the intent of this section and the policy of the office of development services that each process is completed in its entirety prior to the initiation of the subsequent process, except where certain allowances for concurrent or expedited review are provided below.

(b)

Zoning. No portion of any property within the city shall be developed, nor any plat approved, nor any permit issued for any such development, prior to the assignment of a zoning district to that property.

(c)

Subdivision plat. All requirements of the most current Subdivision Regulations adopted by the city, including platting as necessary, shall be met prior to any development. Any request for a zoning map amendment on unplatted property shall be accompanied by a complete application for preliminary, final, or minor plat. Likewise, any property proposed for subdivision shall be assigned a zoning district and shall be subject to the standards for such district.

(d)

Site development permit (SDP). Following approval of a preliminary plat through the respective approval process outlined in the Subdivision Regulations, a site development permit application shall be requested for the installation, upgrade, or extension of any public infrastructure required for any final or minor plat. If the city engineer determines that all required public infrastructure is available and adequate to serve the proposed plat, a site development permit is not required and the applicant may proceed to site plan review (for multifamily and nonresidential development) or building permit submittal (for one or two-family residential development subject to the filing of the approved plat with the county).

(1)

Application. A site development permit application shall be submitted through the development services department using a form provided by the director. A site development permit may be submitted concurrently with a final plat application. In addition to the application form and applicable fee, the submittal shall include all of the following in order to be accepted as complete:

a.

Tree permit requirement. An application satisfying the requirements for a tree permit as specified in the Landscaping and Tree Preservation section of this title shall be submitted concurrent to any site development permit application when the scope of public improvements requires tree removal. The two permits shall only be approved in conjunction, and no work shall be performed under either permit prior to issuance of both permits. Compliance with all provisions pertaining to tree preservation and protection is required during development.

b.

Engineering completeness checklists. The city engineer and the director will conduct a completeness review to ensure that all applicable items are included. All engineering documents on the completeness checklist shall be provided or indicated as not required with appropriate commentary. Incomplete applications will not be accepted for review.

c.

Civil plans. A complete set of site development construction plans for all required public infrastructure improvements, prepared in accordance with the standards provided in the Engineering Design and Construction Manual (EDCM) by a professional engineer licensed by the State of Texas. Required sheets and the details thereupon shall be as specified on the Engineering checklists for water, wastewater, storm sewer or other regional drainage improvements, streets and sidewalks, and other public infrastructure construction.

d.

Traffic impact analysis (TIA). The applicant shall determine the number of trips anticipated to be generated by the development using the method established in the Institute of Transportation Engineers (ITE) manual. If the number of trips exceeds 500 per day, a traffic impact analysis shall be submitted with the application. If the number of trips is 500 or fewer per day, the calculations shall be submitted with the application for confirmation by the city engineer.

e.

Geotechnical report. If retaining walls or new streets are included in the scope of work, a geotechnical report shall be prepared by a professional engineer licensed by the State of Texas to document the conditions of the soils and provide recommendations for retaining wall design, street pavement, and subgrade preparation. At the discretion of the city engineer, a geotechnical report may be submitted after grading has occurred, but prior to the improvements being constructed.

f.

Downstream drainage assessment. A report that documents the drainage impacts due to increased storm water runoff caused by a development, prepared in accordance with the requirements of the EDCM by a professional engineer licensed in the State of Texas, is required for any development that proposes 5,000 or more square feet of additional impervious surfaces.

g.

Flood study. A report, prepared in accordance with the requirements of the city's flood damage prevention regulations and EDCM by a professional engineer licensed in the State of Texas, documenting impacts on any special flood hazard areas as determined by the Federal Emergency Management Agency and best available information from existing flood studies.

(2)

SDP review process. Upon a determination of complete application, the city engineer, planning director, and other staff as applicable will review all submittal elements against the relevant approval criteria in this title, other ordinances, and the EDCM. An SDP review is five to ten calendar days but may be longer dependent upon the complexity of the development proposal. The planning director may issue a site development permit when all of the following are satisfied:

a.

Findings by all reviewers that applicable criteria are met.

b.

Approval of the civil plans by the city engineer.

c.

Payment of inspection fees as required.

d.

Preconstruction meeting if required by the city engineer.

(3)

Effect of approval. Upon approval of the site development permit and tree permit (if required), the public improvements may be constructed as proposed and the applicant may request site plan review according to the procedure below.

(e)

Site plan review. Following approval of a site development permit or upon determination that the requirements of the Subdivision Regulations and the EDCM pertaining to availability and adequacy of public infrastructure are met, an applicant shall apply for site plan review for any multifamily or nonresidential development. Except as provided in the expedited development review process below, an application for site plan review will not be accepted unless a determination is made that the requirements of the preceding steps in the development review process (i.e., zoning, subdivision plat, and site development permit) have been met.

(1)

Application. The site plan review application shall be submitted through the development services department using a form provided by the director. In addition to the application form, the submittal shall include all of the following information, prepared on a single sheet of appropriate size or on multiple sheets as necessary, in order to be accepted as complete:

a.

All sheets shall be stamped by an architect or engineer licensed by the State of Texas unless otherwise authorized by the planning director for minor alterations to preexisting sites or structures.

b.

Site address and vicinity map.

c.

A title block including the date of submittal, name, contact information, north arrow indicator, scale of drawing, and key to any symbols used on the plan(s).

d.

Lot area (sq. ft and acres) and lot dimensions.

e.

Location and size of existing and proposed structure(s) on the site with sufficient dimensions to indicate distances between buildings, property lines, parking areas, required setbacks, and other elements of the site plan.

f.

Building elevations, including dimensions of structures, amenities, and screening of exterior storage or equipment as applicable.

g.

Location and layout of parking areas, including typical dimensions of spaces and drive aisles, ADA accessible parking and curb stops, loading areas, parking requirement calculations, and location of ingress and egress. Where parking lot lighting is required, such lighting shall be shown on the site plan.

h.

Location and size of sign(s). (Include elevations or other drawings of proposed design on separate sheets if available.)

i.

Landscaping, including planting specifications and schedule, screening and buffer yards where required, and tree protection measures.

j.

Location of all existing recorded easements and all required or proposed utility and drainage easements, conforming to applicable Engineering Design and Construction Manual (EDCM) requirements and all fire and building codes.

k.

Location of utility service lines and meter sizes servicing existing and proposed structure(s) on the lot.

l.

Solid waste pickup locations with associated screening.

m.

Proposed grading and drainage plans. Use arrows to indicate direction of proposed drainage for minor ground disturbance or present detailed grading and drainage plans for disturbances greater than 5,000 square feet. Stormwater Pollution Prevention Plan (SWPPP) compliant with city and state standards may also be required.

n.

Additional documents may be required by the Director, including, but not limited to:

1.

List of waivers from requirements of the Subdivision Regulations or Engineering Design and Construction Manual (EDCM) previously granted by the city engineer or other approval authority.

2.

Traffic impact analysis. The applicant shall determine the number of trips anticipated to be generated by the development using the method established in the Institute of Transportation Engineers (ITE) manual. If the number of trips exceeds 500 per day, a traffic impact analysis shall be submitted with the application. If the number of trips is 500 or fewer per day, the calculations shall be submitted with the application for confirmation by the city engineer. This requirement may be waived if the required information was provided and accepted by the city engineer during site development permit review.

3.

If a project was not accounted for in the drainage assessment for previous development on the subject site, a new downstream drainage assessment will be required if more than 5,000 square feet of impervious area is proposed.

4.

Parking lot lighting and photometric plans may be required for developments adjacent to residential areas.

5.

Other additional permit applications as required.

(2)

Review process.

a.

Planning staff will determine the completeness, accuracy, and sufficiency of the application.

b.

Upon a determination of complete application, the city engineer, planning director, and other staff as applicable will review all submittal elements against the relevant approval criteria in this title, other ordinances, and the EDCM.

c.

A typical site plan review process is five to seven calendar days but may be longer dependent upon the complexity of the development proposal.

d.

Fees. No fee will be charged for the first review of a site plan or follow-up review after initial comments (if required). However, a fee will be assessed if a third review is required. If, after the third review, all comments have still not been corrected on the site plan, then an escalating charge will be assessed for each subsequent review.

e.

The site plan will be accepted upon findings by all reviewers that applicable criteria are met.

(3)

Effect of approval.

a.

Upon approval of the site plan and associated documents, the applicant may apply for nonresidential or commercial construction permits. The site plan review procedure in no way relieves the applicant from compliance with or approval under the provisions of the zoning regulations, subdivision regulations, building codes, and/or other regulations which pertain to or govern the proposed development. Approval of a site plan allows the applicant to apply for a building permit.

b.

Time limitations on approvals. If the owner has obtained site plan approval but fails to obtain a building permit within 180 days from the date of approval of the site plan, the site plan approval shall be deemed to have expired, and the owner shall be required to resubmit a new plan for approval.

(f)

Building permit.

(1)

No building or other structure shall be erected, moved, added to, or structurally altered without a permit issued by the building official. A building permit shall not be issued except in conformity with the provisions of this ordinance, nor until all appropriate plans have been approved by the city according to the procedures herein. Specifically, a building permit shall not be issued until:

a.

The property is properly zoned for the intended use.

b.

A final plat has been recorded for the subject property, or the Director has determined that platting is not required (applies to certain properties zoned for one-family residential development only).

c.

All required public infrastructure improvements are approved, constructed, and accepted by the city.

d.

A site plan (for multifamily and nonresidential development) or detailed plot plan (for one-or-two-family residential development) is approved by the director.

e.

A tree permit is issued for any tree removal proposed with the subject development.

f.

All required construction plans are submitted and approved.

(2)

The director will review the building permit submittal for compliance with the approved site plan. A final submittal may vary by up to ten percent from the approved plan without requiring the resubmittal of a revised site plan.

(3)

Final inspections shall be conducted by the appropriate staff to confirm completion and compliance with all requirements of platting, site development permit, site plan, and building permit approvals. No certificate of occupancy shall be issued until all improvements and construction have been completed according to plans approved under the procedures herein.

(g)

Expedited site review. An applicant may request the expedited site review process for concurrent review of the site development permit, site plan review, and building permit applications.

(1)

Applicability. The expedited site review process may be granted by the director for projects which meet all the following conditions:

a.

A final plat is approved for the property.

b.

All tenants, or a tenant occupying greater than 50 percent of the floor area of a proposed multifamily or nonresidential development, are known. For purposes of this requirement, all multifamily development meets the criterion.

c.

The request is received in writing by the director prior to the submittal of any application materials.

(2)

Applicant agreement. If the director accepts the request for expedited site review, the applicant will meet with city staff to discuss review procedures, expedited process fees, and the conditions which must be met to advance through each stage of the development process. A signed agreement may be required prior to acceptance of any applications under the expedited process.

(h)

Commercial development process chart. The chart below describes the general flow path of the commercial development process from the initial pre-planning meeting to the issuance of a certificate of occupancy.

DRC = Development Review Committee Meeting / SDP = Site Development Permit / SPL = Site Plan Review / ROW = Right-of-Way Permit

*If during site plan review a traffic impact analysis (TIA) is required, an SDP will be required if that TIA requires street improvements

(i)

Predevelopment meeting. Prior to submission of a building permit or commencing any exterior work on a building in the central business district, the owner/applicant shall contact the development services department to schedule a predevelopment meeting to assist the owner/applicant in preparing a complete submittal that complies with all requirements and guidelines herein.

(Ord. No. O2025-15, § 1, 4-22-25)

(a)

Purpose. A special use permit is a request to allow a use, which is generally compatible with a zoning district, provided that the use will not cause an adverse impact on adjacent property or properties in the area but has operating or physical characteristics that require special considerations and conditions.

(b)

Applicability. A special use permit is required to use or develop within city limits for any use designated "special" in the zoning district in which the property is located.

(c)

Effect.

(1)

A special use permit may be approved administratively by the planning director or their designee.

(2)

Approval of a special use permit shall authorize only the particular use for which the special use permit is issued.

(3)

A special use permit is limited to the applicant and is nontransferable.

(4)

After giving a 30-day written notice, and upon holding a properly notified public hearing following the 30-day written notice, the city council may amend, change, or rescind a special use permit after recommendation by the planning director and planning and zoning commission if any of the following provisions have been met:

a.

There is a violation and conviction of any of the provisions of this ordinance or any ordinance of the city that occurs on the property for which the special use permit is granted;

b.

The building, premise, or land uses under a special use permit is enlarged, modified, structurally altered, or otherwise significantly changed without approval of a separate special use permit for such enlargement, modification, structural alteration, or change;

c.

Violation of any provision of the terms or conditions of a special use permit;

d.

The special use permit was transferred to a different applicant/occupant than originally applied;

e.

Ad valorem taxes on the property are delinquent by more than six months;

f.

More than six calls for public service from any combination of police, fire, health or code enforcement in a 30-day consecutive time period;

g.

The special use permit was obtained by fraud or with deception; or

h.

Where the applicant disagrees with any portion of the recommendation, the applicant shall cite the reasons for the disagreement. The advertisement of a zoning change or special use permit shall be initiated by staff upon receipt of applicant's written response to staff's recommendation. The response shall indicate whether the applicant agrees or disagrees with the staff recommendation. Where the applicant disagrees with any portion of the recommendation, the applicant shall cite the reasons for the disagreement.

(d)

Procedures.

(1)

The applicant shall submit a completed application and site plan with applicable fees and other supporting documentation or details as indicated by the planning director.

(2)

Upon receipt of a completed application and site plan, the planning director or their designee, will review the application and make a determination to approve, approve with conditions, or deny application.

(e)

Standards.

(1)

When considering applications for a special use permit, the planning director or their designee shall, on the basis of the site plan and other information submitted, evaluate the impact of the special use on, and the compatibility of the use with, surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The planning director or their designee shall specifically consider the extent to which:

a.

The use will not cause an adverse impact on adjacent property or properties in the area.

b.

The use will be in compliance with the Comprehensive Plan, Zoning Ordinance, and the laws of the city.

c.

Any conditions placed upon the use will mitigate potential adverse impacts on the area and conditions as outlined in the special use permit additionally may include:

1.

Architectural compatibility of buildings.

2.

Adequate ingress and egress to property and proposed structures thereon with reference to vehicular and pedestrian safety and convenience.

3.

Off-street parking and loading areas.

4.

Refuse and service areas.

5.

Area or security lighting.

6.

Protective screening, landscaping, and open space.

7.

Intensity of the use.

8.

Adequate traffic circulation required to contain all stacking activity on the site.

d.

The use is harmonious with the character of the surrounding neighborhood.

e.

No variances, special exceptions, or waivers will be considered or granted unless specifically allowed by the zoning regulations without prior approval from zoning board of adjustment or city council.

f.

All conditions shall be set forth in writing and provided upon issuance of a special use permit. In granting a special use permit, the planning director may impose conditions which shall be complied with by the applicant/occupant before a certificate of occupancy may be issued by the building official.

(f)

Enlargement, modification, or structural alteration. Enlargements, modifications, structural alterations, or changes of more than ten percent of the original special use permit will require the approval of a new special use permit.

(g)

Appeal. The zoning board of adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the special land use designated by any special use permit. All appeals will follow the conditional use permit procedure for notifications and will be heard and be given a recommendation by the planning and zoning commission and the final determination will be made by the city council based on the standards established in this section.

(a)

Purpose. To allow the establishment of uses which may be suitable only in certain locations in a zoning district or only when subject to detailed standards and conditions that assure compatibility with adjoining uses and may require from the applicant any plans, information, operational data, and expert evaluation concerning the location, function, and characteristics of the proposed use or buildings.

(b)

Applicability. A conditional use permit is required to use or develop property within city limits for any use designated as a conditional use in the zoning district in which the property is located.

(c)

Effect.

(1)

Approval of a conditional use permit shall authorize only the particular use for which the conditional use permit is issued.

(2)

No use authorized by a conditional use permit shall be enlarged, extended, or relocated, nor may the number of dwelling units be increased, unless application is made or approval of a new conditional use permit in accordance with the procedures set forth in this subsection.

(3)

Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by these zoning regulations, the City Code of Ordinances, and any permits required by regional, state, and federal agencies.

(4)

If the use is abandoned and/or discontinued for 180 consecutive days, then the conditional use permit is void.

(5)

Full compliance with the conditional use permit must be maintained; if the city issues a third violation notice regarding the conditional use permit within an 18-month period, all operations under the conditional use permit must cease until compliance is met.

(d)

Procedures.

(1)

Conditional use shall only be approved by the adoption of an ordinance following notice and hearing procedures herein.

(2)

Upon receipt of a recommendation from the planning director, the planning and zoning commission shall conduct a public hearing in order to formulate its recommendations to the city council on the conditional use permit application. Following the public hearing, the planning and zoning commission shall recommend approval, approval subject to modification, denial of the proposal to the city council, or tabling the application to gather additional information. If the appropriateness of the use cannot be assured at the location, the planning and zoning commission shall recommend denial of the application as being incompatible with existing uses or with other uses permitted by right in the district.

(3)

The city council shall be the final decision maker on applications for conditional use permits. Following a public hearing and consideration of the planning and zoning commission recommendation, the city council shall approve, modify, or deny the proposal for a conditional use permit in accordance with this ordinance. If the appropriateness of the use cannot be assured at the location, the application for conditional use permit shall be denied as being incompatible with existing uses or with other uses permitted by right in the zoning district.

(e)

Standards.

(1)

When considering applications for a conditional use permit, the planning and zoning commission and the city council shall, on the basis of the site plan and other information submitted, evaluate the impact of the conditional use on, and the compatibility of the use with, surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The planning and zoning commission and the city council shall specifically consider the extent to which:

a.

The proposed use at the specified location is consistent with the policies embodied in the adopted Comprehensive Plan.

b.

The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations.

c.

The proposed use meets all supplemental standards specifically applicable to the use as set forth in this ordinance.

d.

The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances, includes improvements or modifications either on-site or within the public rights-of-way to mitigate development-related adverse impacts, including but not limited to:

1.

Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience and access in case of fire.

2.

Off-street parking and loading areas.

3.

Refuse and service areas.

4.

Utilities with reference to location, availability, and compatibility.

5.

Screening and buffering features to minimize visual impacts and/or set-backs from adjacent uses.

6.

Control of signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, compatibility, and harmony with properties in the district.

7.

Required yards and open space.

8.

Height and bulk of structures.

9.

Hours of operation.

10.

Architectural exterior construction material and building design.

11.

Roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development-generated traffic on neighborhood streets.

e.

The proposed use is not materially detrimental to the public health, safety, convenience, and welfare, and does not result in material damage or prejudice to other property in the vicinity.

f.

When a conditional use permit is requested for remodel of a nonconforming, nonresidential use, the applicant shall bear the burden of demonstrating that the proposed work will improve the nonconformity with respect to the aforementioned standards. Any nonconformity that is approved to be enlarged, changed, altered, or repaired must also adhere to any supplemental conditional use standards as outlined within the applicable regulations for that zoning district.

(2)

In approving the application, the planning and zoning commission may recommend, and the city council shall impose, such conditions as are reasonably necessary to assure compliance with these standards and the purpose and intent of this subsection, in accordance with the procedures in this ordinance. Any conditions imposed shall be set forth in the ordinance approving the conditional use. The city shall maintain a record of such approved conditional uses and conditions attached thereto.

(3)

The foregoing standards of development shall not be subject to variances that otherwise could be granted by the zoning board of adjustment, nor may conditions imposed by the city council subsequently be waived or varied by the zoning board of adjustment.

(f)

Amendment. No proposed or existing building, premise, or land use authorized as a conditional use may be established, enlarged, modified, structurally altered, or otherwise changed from that approved in the conditional use permit, unless such amendment is authorized in accordance with the standards and procedures set forth in this subsection, and the conditional use permit is amended accordingly.

(Ord. No. O2023-08, § 2, 4-25-23)

(a)

Scope. A nonconformity is a structure, sign, use, lot, or any other site feature that was lawful when established but does not meet current zoning ordinances or becomes noncompliant with current zoning regulations by subsequent amendments to this ordinance or by other governmental action. The date of nonconformity shall be the first date the prior lawful use was made noncompliant by the adoption of the revised zoning regulations or by governmental action.

(b)

Purpose. It is the purpose of this ordinance that nonconformities shall be eventually discontinued and the use of such premises shall be required to conform to the regulations prescribed herein, having due regard for the investment in such nonconformity.

(c)

Rules of nonconformity. Where a nonconformity exists at the effective date of adoption of this ordinance, the nonconformity may be continued so long as it remains otherwise lawful, subject to the provisions in this section. Except as hereinafter provided, no nonconformity of any type, shall be enlarged, changed, altered, or repaired, except in conformity with the regulations in this section.

(1)

Nothing in this ordinance shall be interpreted as authorization for, or approval of, the continuance of the use of land, a lot, or any building or other structure, that was in violation of a zoning regulation in effect at the time of construction or commencement of the use. Any land use, structure or lot established in violation of the provisions of this ordinance, any prior zoning ordinance, or any subsequent amendments to this ordinance, shall not be considered a legal nonconformity and shall not be entitled to the provisions, remedies, and safeguards provided by this section. The owner shall bear the burden of proof and production to establish that the nonconformity was conforming with the zoning regulations in effect at the time of construction or commencement of the nonconforming status.

(2)

No structure, which has been damaged by any casualty, act of God, or public enemy, to the extent of more than 50 percent of the fair market value of the structure, shall be restored, except in conformity with all city rules and regulations, including this zoning ordinance. Should there be question as to the structural value, the same shall be determined by three appraisers, one of whom shall be selected by the governing body, one by the owner and the third by the two so appointed. The decision of the appraisers or a majority of them shall be final and binding upon all concerned for the purpose of determining whether the damaged property may be restored. The cost of such appraisals shall be paid by the property owner.

(3)

To maintain its nonconforming status, a nonconformity must remain in regular and continuous use. If any nonconformity shall be discontinued or abandoned such use shall not be resumed, and any subsequent use of the property shall conform to the regulations specified by this ordinance for the district in which such property is located. Discontinuance or Abandonment occurs when there is a closure or cessation of a use or occupancy of a structure for a period of 180 consecutive days, irrespective of whether the owner has an intent to abandon the use.

(d)

Repairs and maintenance.

(1)

Routine maintenance and repair may be permitted unless the property is deemed or declared to be unsafe by the building official. Such repairs shall not be construed to mean major remodeling, restoration or replacement. Such repairs will not usually extend the life of the structure and will not exceed $5,000.00 or ten percent of the total appraised value by the Parker County Appraisal District, whichever is greater. Such repairs shall not increase the degree of nonconformance. The maintenance and repair of any structure under these circumstances shall not be a basis to extend the life of the nonconformity and shall not be considered for purposes of allowing the owner a reasonable opportunity to recoup their original investment.

(2)

Remodeling may be permitted for residential structures by the planning director as long as it does not increase the degree of nonconformance, and the remodeled portion conforms with all applicable city codes and regulations. Remodeling may be permitted for nonresidential uses by conditional use permit only as outlined in these regulations.

(e)

Amortization.

(1)

Determination. The board of adjustment shall, from time to time, on its own motion, or upon direction of the city council, inquire into the existence, continuation or maintenance of any nonconformity within the city. If the board of adjustment or the city council determines that amortization of a nonconformity is appropriate, the board shall take specific action to abate, remove, limit or terminate any nonconformity under a reasonable plan whereby the owner's investment in the nonconformity can be recouped through amortization over a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this ordinance.

(2)

Public hearing. The board of adjustment shall conduct a hearing for the purpose of determining a date certain for termination of the nonconformity or removal of the nonconforming structure, or both, with respect to the property. At least ten days prior notice of such hearing shall be given to the property owner.

(3)

Effective date. The date established for termination of the nonconformity or removal of the nonconforming structure shall give the property owner a reasonable opportunity to recover its investment in the nonconformity from the date of nonconformity. The board of adjustment may order the immediate termination of a nonconformity if the board determines that the owner's investment in the nonconformity has been recouped through amortization over time. Alternatively, if the board determines that the owner's investment in the nonconformity has not been recouped through amortization at the time of the hearing, the board may order the termination of the nonconformity on such future date by which the board determines the owner's investment in the nonconformity will be recouped through amortization.

(4)

Recoupment of investment. The board of adjustment shall measure the reasonableness of the opportunity for recoupment of the property owner's investment by conditions existing on the date of nonconformity.

(5)

Factors. The following factors shall be considered by the board of adjustment in determining a reasonable amortization period:

a.

The owner's capital investment in structures, fixed equipment, and other assets that cannot reasonably be used in conformance with the zoning district regulations (excluding inventory and other assets that may be feasibly transferred to another site) made on the property before the date of nonconformity. Costs of replacements, improvements or additions made after the date of nonconformity shall not be included. Costs of the land or structures that reasonably can be used for a conforming use shall not be included.

b.

Any costs that are directly attributable to the establishment of a compliance date, including demolition expenses and relocation expenses.

c.

Any return on or recovery of investment, including net income and depreciation, and any profit or loss realized on the investment, and whether a reasonable period of time has been given for the recoupment of investment based on standard practices in the industry.

d.

General character of the neighborhood in proximity to the nonconformity; any adverse impacts, including diminishment of value, of the nonconformity on the surrounding property and neighborhood if the nonconformity were to continue; the property rights both of the owner of the nonconformity and the owners of adjacent and nearby properties; and the desirability for all property within the city to conform to the regulations of the zoning ordinance.

(6)

Burden of proof. The city will bear the burden of proof and persuasion on the desirability for all property to conform to the regulations of the zoning ordinance, the general character of the neighborhood in proximity to the nonconformity, the adverse impacts, if any, of the nonconformity on the surrounding property and neighborhood, and the property rights of the owners of adjacent and nearby properties. The owner of the nonconformity will bear the burden of proof and persuasion on the owner's property rights, the investment of the owner in the nonconformity, and any return on or recovery of investment, including net income and depreciation, and any profit or loss realized on the investment in the nonconformity.

(7)

Compliance. Once the board of adjustment establishes a compliance date for a nonconformity, the use must cease operations on or before that date and it may not operate thereafter except in compliance with the applicable zoning district regulations.

(8)

Removal of structures. If the board of adjustment establishes a termination date for a nonconforming structure, the structure must be completely removed from the property by that date, by demolition or otherwise, and such structure may not be reconstructed or relocated in any other location in the city where it would not be in conformance with all provisions of the zoning ordinance.