A zoning official shall be appointed in accordance with the personnel policy of the city and shall have the following duties and powers:

(1)

Receive and review all applications for zoning changes, special use permits, variances, and exceptions as provided for in this chapter.

(2)

Have custody and maintain all records, maps, and plans required by this chapter.

(3)

Appear on behalf of the city in all public hearings before the zoning board of adjustment and present facts and information to assist the board in reaching a decision.

(4)

To present the decision of the zoning board of adjustment along with recommendations pertaining to the decision to the city council, when the decision is believed to be in error. If the city council finds that the conditions and issues of the decision warrant an appeal, in accordance with state statutes, the zoning official shall represent the city in such appeals under the direction of the city council and city attorney.

(5)

Establish administrative procedures and maintain all records of the planning and zoning commission and the zoning board of adjustment.

(Ord. No. 98-03, § 1(Exh. A, § 10(10.01)), 3-17-98)

The authority of the city council shall be that granted by state statutes and the Codes of Ordinances of the City of Webster. The city council shall have the powers and duties set forth in the City Charter.

(Ord. No. 98-03, § 1(Exh. A, § 10(10.02)), 3-17-98)

The planning and zoning commission is responsible for carrying out the duties delegated to it by V.T.C.A., Local Government Code ch. 211; the City Charter and such other duties as the city council, from time to time, may determine.

(Ord. No. 98-03, § 1(Exh. A, § 10(10.03.01)), 3-17-98)

(a)

To formulate a comprehensive master plan for the development of the city, containing the commission's recommendations for growth, development, and beautification of the city; to review the same every three years and render recommendations thereon to the city council in the manner provided for in the City Charter of the city;

(b)

To recommend approval or disapproval of plats of proposed subdivisions submitted in accordance with city ordinances;

(c)

To perform those duties and responsibilities granted to it in administering this chapter; and

(d)

Such other duties as may be delegated to it by the city council.

(Ord. No. 98-03, § 1(Exh. A, § 10(10.03.02)), 3-17-98)

The commission shall be composed of five regular members, each of whom shall, at the time of his appointment and at all times while serving as a member of such commission, be a qualified voter of the city. The members of the commission shall be appointed by the city council.

(Ord. No. 98-03, § 1(Exh. A, § 10(10.03.03)), 3-17-98)

Each person appointed to the commission shall serve a term of two years unless sooner removed by the city council. The terms of office of the commission shall be for two-year overlapping terms with three members to be appointed to serve terms ending on the 30th day of June in even numbered years (two regular members and one alternate member), and four members shall be appointed to fill two-year terms ending the 30th day of June in each odd numbered year (three regular members and one alternate member).

(Ord. No. 98-03, § 1(Exh. A, § 10(10.03.04)), 3-17-98)

Vacancies on the commission shall be filled by the city council. Unless sooner removed by the city council, a person appointed to fill a vacancy shall serve for the remainder of the time for which his predecessor on the commission was appointed. Newly appointed members shall be installed at the first regular meeting of the commission following their appointment.

(Ord. No. 98-03, § 1(Exh. A, § 10(10.03.05)), 3-17-98)

The commission shall hold its organizational meeting in July of each year. At such meeting the commission shall elect a chairman, vice chairman, and secretary from among its own members. The commission may elect a parliamentarian if it desires and any member, other than the chairman, may be so elected.

(Ord. No. 98-03, § 1(Exh. A, § 10(10.03.06)), 3-17-98)

The commission shall prepare and adopt rules of procedure setting out the requirements for applications for approvals and permits under this chapter; establishing the administrative regulations for the filing of applications; establishing the procedures for the conduct of its meetings; and establishing the requirements for the submission of testimony and evidence presented to it in carrying out the duties of its responsibilities. Such rules of procedure shall be written and available to any member of the public upon request and shall be reviewed and approved by the city attorney prior to adoption.

(Ord. No. 98-03, § 1(Exh. A, § 10(10.03.07)), 3-17-98)

A majority of the members of the commission shall constitute a quorum for the transaction of business.

(Ord. No. 98-03, § 1(Exh. A, § 10(10.03.08)), 3-17-98)

The commission shall serve without compensation; however each member shall be entitled to reimbursement of actual expenses incurred in the discharge of official duties on the commission, subject to the rules and procedures of the city council.

(Ord. No. 98-03, § 1(Exh. A, § 10(10.03.09)), 3-17-98)

No member of the commission shall vote or participate in any proceeding before the commission that involves any matter or property in which the member has a personal or pecuniary interest or which the decision of the commission will have affect. In the event any such possible conflict should arise, the member affected shall make disclosure of such fact to the commission, which disclosure shall be duly noted in the minutes of the commission, and disqualify themselves from any further participation in the commission's consideration of such matter. Nothing herein, however, shall prohibit any member of the commission from registering opposition or filing a protest against any application for any action which will affect property or land in which the member holds an interest so long as the member shall disqualify themselves from any participation in the decision of the commission.

(Ord. No. 98-03, § 1(Exh. A, § 10(10.03.10)), 3-17-98)

The zoning board of adjustment shall consist of five members who are citizens of the city and who are not members of the city council or the planning and zoning commission, each to be appointed by the city council for a term of two years and removable for cause by the appointing authority. At the request of the appointed individual, a public hearing may be held to determine the merits of the written charges submitted. The city council shall appoint two alternate members of the board of adjustment who shall serve in the absence of one or more regular members.

(Ord. No. 98-03, § 1(Exh. A, § 10(10.04)), 3-17-98)

The zoning board of adjustment shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the zoning official in the enforcement of this chapter.

(2)

To authorize upon appeal in specific cases, such variances from the terms of this chapter as will not be contrary to the public interest, where owing to special physical conditions of the property, and not created by the owner or applicant for the personal convenience or desired use of the property, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of the chapter shall be observed and substantial justice done.

(3)

To require the discontinuance of a nonconforming use under any plan whereby full value of the structure can be amortized within 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 chapter. In determining the value to be amortized the board may use the values established on the latest rendition of the property, appraisals, or other methods acceptable under law.

(Ord. No. 98-03, § 1(Exh. A, § 10(10.04.01)), 3-17-98; Ord. No. 02-14, § 1, 8-6-02)

Vacancies on the zoning board of adjustment shall be appointed in the same fashion as the planning and zoning commission.

(Ord. No. 98-03, § 1(Exh. A, § 10(10.04.02)), 3-17-98)

The attendance of four members shall constitute a quorum for the transaction of business.

(Ord. No. 98-03, § 1(Exh. A, § 10(10.04.03)), 3-17-98)

The concurring vote of four members of the zoning board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of the official from whom the appeal is taken, or to decide in favor of the applicant for a variance or any other matter upon which the board is empowered to act.

(Ord. No. 98-03, § 1(Exh. A, § 10(10.04.04)), 3-17-98)

The zoning board of adjustment shall adopt Rules of Procedure in accordance with the provisions of this chapter. Meetings of the zoning board of adjustment shall be held at the call of the chairman and at such other times as the board may determine. Such chairman, or in his absence the vice chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public and minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the city secretary and shall be open to the public.

(Ord. No. 98-03, § 1(Exh. A, § 10(10.04.05)), 3-17-98)

Appeals to the zoning board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the building official. Such appeal shall be taken within ten days, by filing with the building official from whom the appeal is taken and with the zoning board of adjustment a notice of appeal specifying the grounds thereof. The official from whom the appeal is taken shall forth with transmit to the zoning board of adjustment all papers constituting the record upon which the action appealed from was taken. The city attorney shall represent all officials and bodies of the city in all appeals before the zoning board of adjustment.

(1)

Time for and notice of hearing of appeal. The zoning board of adjustment shall fix a reasonable time for the hearing of appeals, give public notice thereof, as well as notice to the parties in interest, and decide the same within a reasonable time. Upon hearing, any party may appear in person or by agent or attorney.

(2)

Action on appeal. In exercising the powers set forth herein, the zoning board of adjustment may, in conformity with the provisions of this chapter, reverse or affirm, in whole or in part, or may modify the order, requirement decision or determination as ought to be made, and to that end shall have the powers of the official from whom the appeal is taken.

(3)

Appeals from the zoning board of adjustment. Any persons, jointly or severally, aggrieved by any decision of the zoning board of adjustment, may present to a court of competent jurisdiction a petition for a writ of certiorari as provided by V.T.C.A., Local Government Code § 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented within ten days of the date of the decision of the zoning board of adjustment.

(Ord. No. 98-03, § 1(Exh. A, § 10(10.04.06)), 3-17-98; Ord. No. 17-03, § 1, 4-4-17)

In cases where the literal interpretation of the height, area, setback or yard requirements of the zoning ordinance would result in an unnecessary hardship, and where such hardship is not created by the action or desire of the owner, the zoning board of adjustment may grant such variance as they deem necessary to remove the hardship. Variances are only allowable to permit the modification of height, area, setback or yard requirements. In order to establish such hardship the applicant must show, and the board of adjustment must hand down written findings that:

(1)

There are special circumstances existing on the property on which the application is made related to size, shape, area, topography, surrounding conditions or location that do not apply generally to other property in the same zoning district and that such circumstances or conditions are such that the strict application of the height, area, setback or yard requirements in this chapter would deprive the applicant of the reasonable use of such land;

(2)

That granting of the variance on the property would not adversely affect any feature of the comprehensive plan of the city;

(3)

That, the variance, if granted, will be of no material detriment to the public welfare or cause injury to the use, enjoyment or value of property in the vicinity; and

(4)

That the variance to be granted is the minimum variance necessary to relieve the hardship.

(Ord. No. 98-03, § 1(Exh. A, § 10(10.04.07)), 3-17-98)

The city council may on its own motion or on petition, amend, supplement, change, modify, or repeal the regulations, restrictions, and boundaries herein established. Applications for changes in zoning district classifications (rezoning) shall be accepted only upon the motion of the city council, the planning and zoning commission or from the owner of the property on which a change is being proposed.

In addition, a comprehensive review of the zoning ordinance text and maps shall be made by the planning and zoning commission at least once every three years, and a report and recommendation thereon shall be filed with the city manager, mayor and city council.

(Ord. No. 98-03, § 1(Exh. A, § 10(10.05)), 3-17-98)

Before taking any action on any proposed amendment, supplement, change, or modification, the city council shall submit the same to the planning and zoning commission which shall hold a public hearing thereon before making a report and recommendation to the city council.

(Ord. No. 98-03, § 1(Exh. A, § 10(10.05.01)), 3-17-98)

(a)

Written notice of all public hearings before the planning and zoning commission on proposed changes in classification shall be sent to the owners of real property lying within 200 feet of the property within the city on which the change is proposed, such notice to be given, not less than 15 days before the date set for hearing, to each owner, as indicated by the most recently approved municipal tax roll. Such notice may be served by depositing same, properly addressed, and postage paid, in the city branch of the United States Post Office. In addition, notice of public hearing stating the time and place of the hearing shall be published in a paper of general circulation at least 15 days before a hearing is conducted by the city council to consider a change in zoning classification.

(b)

In the event a public hearing shall be held by the planning and zoning commission in regard to a change of the zoning ordinance not involving particular property but involving a change in the ordinance generally, notice of such hearing shall be given not less than 15 days before the date set for hearing by publication once in a newspaper of general circulation in the city stating the time and place of such hearing.

(c)

On every parcel of land being rezoned, unless the rezoning is initiated by the city, the applicant shall post a sign that is clearly visible along each side of the property that abuts a public street, sidewalk, road, or highway.

(1)

Notification signs shall be placed on each property that abuts a public street, sidewalk, road, or highway with at least one sign for each roadway frontage.

(2)

The signs shall be erected within seven days after the filing of the rezoning application and remain until the application has been approved or denied by the city council.

(3)

The signs shall be a minimum of five feet in height. The display area shall be a minimum of three feet high by four feet wide in size. The lettering shall be a minimum of three inch in height stating:

a.

An application for a zoning change from _______ to _______ has been filed with the City of Webster for this property on _____/_____/_____.

b.

For more information on this application you may contact the City of Webster Zoning Official at 281-332-1826.

(4)

If the zoning official determines that the signs have not been erected pursuant to this section, a written notice shall be issued to the applicant identifying the deficiencies and no action shall be taken on the application until the signs have been erected as required.

(d)

Planned development districts, the applicant shall post a sign that is clearly visible along each side of the property that abuts a public street, sidewalk, road, or highway.

(1)

Notification signs shall be placed on each property that abuts a public street, sidewalk, road, or highway with at least one sign for each roadway frontage.

(2)

The signs shall be erected within seven days after the filing of the planned development district application and remain until the application has been approved or denied by the city council.

(3)

The signs shall be a minimum of five feet in height. The display area shall be a minimum of three feet high by four feet wide in size. The lettering shall be a minimum of three inches in height stating:

a.

An application for a planned development district has been filed with the City of Webster for this property on _____/_____/_____.

b.

For more information on this application you may contact the City of Webster Zoning Official at 281-332-1826.

(e)

Amendments to planned development districts, the applicant shall post a sign that is clearly visible from the main entrances of the planned development district that are on a public street, sidewalk, road, or highway.

(1)

The signs shall be erected within seven days after the filing of the planned development district application and remain until the application has been approved or denied by the city council.

(2)

The signs shall be a minimum of five feet in height. The display area shall be a minimum of three feet high by four feet wide in size. The lettering shall be a minimum of three inches in height stating:

a.

An application for an amendment to the Planned Development Guidelines of ___________ has been filed with the City of Webster for this property on _____/_____/_____.

b.

For more information on this application you may contact the City of Webster Zoning Official at 281-332-1826.

(Ord. No. 98-03, § 1(Exh. A, § 10(10.05.02)), 3-17-98; Ord. No. 99-16, § 1, 4-20-99; Ord. No. 17-03, § 1, 4-4-17)

Any application to change the zoning classification of real property which has been recommended for denial by the planning and zoning commission shall require the affirmative majority vote of the governing body to approve the requested change.

(Ord. No. 98-03, § 1(Exh. A, § 10(10.06)), 3-17-98)

Editor's note— Ord. No. 17-03, § 1, adopted April 4, 2017, repealed former § 98-215, which pertained to protests, and derived from Ord. No. 98-03, § 1(Exh. A, § 10(10.07)), adopted March 17, 1998.

Any person, firm, or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon final conviction thereof shall be fined a sum not to exceed $2,000.00 for each offense. Each day such violation continues to exist shall constitute a separate offense. But in case any person, firm, or corporation violates any of the provisions of this chapter or fails to comply therewith, the City of Webster, in addition to imposing the penalties above provided, may institute any appropriate action or proceedings in court to prevent, restrain, correct, or abate or to prevent any illegal act, conduct, business or use in or about any land; and the definition of any violation of the terms of this chapter as a misdemeanor shall not preclude the city from invoking the civil remedies given it by law in such cases, but same shall be cumulative of and in addition to the penalties prescribed for such violation.

(Ord. No. 98-03, § 1(Exh. A, § 10(10.08)), 3-17-98)

Fee: No application for rezoning of any land, building, or structure, or application for annexation, or a special use permit, or variance, or any other permit required by this chapter shall be processed or accepted for processing unless accompanied by the fee as established by the city council in its most recent fee ordinance. Such fee shall be paid by cash, check or money order drawn upon a recognized financial institution authorized to do business in the State of Texas.

(Ord. No. 98-03, § 1(Exh. A, § 10(10.09)), 3-17-98; Ord. No. 99-06, § 1, 2-16-99)