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Whitesboro City Zoning Code

COMMISSIONS AND

BOARDS

§ 154.070 PLANNING AND ZONING COMMISSION.

   (A)   Creation of Planning and Zoning Commission. There is hereby created a Planning and Zoning Commission which shall be organized, appointed and function as follows:
      (1)   The Planning and Zoning Commission shall consist of five members who are residents of the city and/or valorem taxpayers, each to be appointed by the City Council for a term of two years and removable for cause by the appointing authority upon written charges and after public hearing. The City Council shall designate one member as chairman. Vacancies shall be filled for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment was made. Provided, however, that the City Council may appoint two alternate members of the Planning and Zoning Commission who shall serve in the absence of one or more of the regular members when requested to do so by the chairman or City Manager, as the case may be; and
      (2)   The terms of four members shall expire in May of each odd-numbered year and the terms of three of the members shall expire in May of each even-numbered year. Commission members may be appointed to succeed themselves. Vacancies shall be filled for unexpired terms, but no member shall be appointed for a term in excess of two years. Newly appointed members shall be installed at the first regular Commission meeting after their appointment.
   (B)   Organization. The Commission shall hold an organizational meeting in July of each year. The Commission shall meet regularly and shall designate the time and place of its meetings. The Commission shall adopt its own rules of procedure and keep a record of its proceedings consistent with the provisions of this chapter and the requirements of law.
   (C)   Duties and powers. The Planning and Zoning Commission is hereby charged with the duty and invested with the authority to:
      (1)   Inspect property and premises at reasonable hours where required in the discharge of its responsibilities under the laws of the State of Texas and of the city.
      (2)   Recommend to the City Council approval or disapproval of proposed changes in the zoning plan.
      (3)   Formulate and recommend to the City Council for its adoption a city plan for the orderly growth and development of the city and its environs and from time to time recommend such changes in the plan as it finds will facilitate the movement of people and goods, and the health, recreation, safety, and general welfare of the citizens of the city.
      (4)   Formulate a zoning plan as may be deemed best to carry out the goals of the city plan; hold public hearings and make recommendations to the City Council relating to the creation, amendment, and implementation of zoning regulations and districts as provided in Chapters 211 and 213, Tex. Local Gov’t Code, as amended, authorizing municipalities to pass zoning regulations; all powers granted under said statutes are specifically adopted and made a part hereof.
      (5)   Exercise all the powers of a Commission as to recommendations to the City Council relating to approval or disapproval of plans, plats, amending plats, or replats set out in Chapter 212, Tex. Local Gov’t Code, as amended.
      (6)   Study and recommend on the location, extension and planning of public rights-of-way, parks or other public places, and on the vacating or closing of same.
      (7)   Study and recommend on the general design and location of public buildings, bridges, viaducts, street fixtures and other structures and appurtenances. Study and recommend on the design or alteration and on the location or relocation of works of at which are, or may become, the property of the city.
      (8)   Initiate, in the name of the city, for consideration at public hearing all proposals:
         (a)   For the opening, vacating or closing of public rights-of-way, parks or other public places; or closing of public rights-of-way, parks or other public places; or
         (b)   For the change of zoning district boundaries on an area-wide basis. No fee shall be required for the filing of any such proposal in the name of the city.
      (9)   Formulate and recommend to the City Council for its adoption policies and regulations consistent with the adopted city plan governing the location and/or operation of utilities, public facilities, and services owned or under the control of the city.
      (10)   Submit each May a progress report to the City Council summarizing its activities, major accomplishments for the past year, and a proposed work program for the coming year. The report shall contain for the year the attendance record of all members and the identity of Commission officers.
   (D)   Meeting and quorum. A quorum for the conduct of business shall consist of three members of the Commission. The members of the Commission shall regularly attend meetings and public hearings of the Commission and shall serve without compensation, except for reimbursement of authorized expenses attendant to the performance of their duties.
(Ord. 1249, passed 8- -25)
State law reference:
   Zoning commission, V.T.C.A., Local Government Code, sec. 211.007.

§ 154.071 BOARD OF ADJUSTMENT.

   (A)   Creation. There is hereby created a Board of Adjustment which shall be organized, appointed, and function as follows:
      (1)   The Board of Adjustment shall consist of five members who are residents of the city and/or valorem taxpayers of the city, each to be appointed by the City Council for a term of two years and removable for cause by the appointing authority upon written charges and after public hearing. The City Council shall designate one member as chairman. Vacancies shall be filled for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment was made. Provided, however, that the City Council may appoint two alternate members who shall serve in the absence of one or more of the regular members when requested to do so by the chairman or City Manager, as the case may be.
      (2)   The terms of three members shall expire in May of each odd-numbered year and the terms of two of the members shall expire in May of each even-numbered year. Members may be appointed to succeed themselves. Vacancies shall be filled for unexpired terms, but no member shall be appointed for a term in excess of two years. Newly appointed members shall be installed at the first meeting after their appointment.
   (B)   Organization. The Commission shall hold an organizational meeting in May of each year. The Commission shall meet regularly and shall designate the time and place of its meetings. The Commission shall adopt its own rules of procedure and keep a record of its proceedings consistent with the provisions of this chapter and the requirements of law.
   (C)   Powers and duties of Board.
      (1)   Appeals based on error. The Board of Adjustment shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by an administrative official of the city in the enforcement of this chapter.
      (2)   Limitation on reapplications. When the Board of Adjustment has denied a proposal, no new applications of similar nature shall be accepted by the Board or scheduled for 12 months after the date of denial. Applications which have been withdrawn at or before the Board meeting may be resubmitted at any time for hearing before the Board.
      (3)   Vote of four members required. The concurring vote of four members of the Board of Adjustment is necessary to:
         (a)   Reverse an order, requirement, decision or determination of an administrative official;
         (b)   Decide in favor of an applicant on a matter on which the board is required to pass; or
         (c)   Authorize a variation from the terms of a zoning ordinance.
   (D)   Appeals.
      (1)   Procedure. Appeals may be taken to and before Board of Adjustment by any person aggrieved, or by any officer, department, board or bureau in the city. Such appeal shall be made by filing in the office of the City Secretary a notice of appeal and specifying the grounds thereof. The office or department from which the appeal is taken shall forthwith transmit to the Board all of the papers constituting the record from which the action appealed was taken.
      (2)   Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the building inspector shall certify to the Board of Adjustment that, by reason of facts in the certificate, a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted or by a court of equity, after notice to the office from whom the appeal.
      (3)   Notice of hearing on appeal. The Board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of such hearing to the petitioner and to the owners of property lying within 200 feet of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the Board to be affected thereby, such owners and persons being determined according to the current tax rolls of the city. Depositing of such written notice in the mail shall be deemed sufficient compliance therewith.
      (4)   Decision by Board. The Board shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The Board may reverse or affirm wholly or partly or may modify the order, requirements, decision, or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer or department from whom the appeal is taken.
   (E)   Variances. The Board of Adjustment shall have the power to authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done, including the following:
      (1)   Permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of the provisions due to an irregular shape of the lot or topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare.
      (2)   Authorize, upon appeal, whenever a property owner can show that a strict application of the terms of this chapter relating to the construction or alterations of buildings or structures will impose upon him or her unusual and practical difficulties or particular hardship, such variances from the strict application of the terms of this chapter as are in harmony with its own general purpose and intent, but only when the Board is satisfied that granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance from the comprehensive plan as established by this chapter and at the same time, the surrounding property will be properly protected.
      (3)   The Board of Adjustment shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirements, decision or determination made by the building inspector in the enforcement of this chapter. Except as otherwise provided herein, the Board shall have, in addition, the following specific powers:
         (a)   To permit the erection and use of a building or the use of premises for railroads if such uses are in general conformance with the master plan and present no conflict or nuisance to adjacent properties.
         (b)   To permit a public utility or public service or structure in any district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety, or general welfare.
         (c)   To grant a permit for the extension of a use, height or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership on the effective date of this article.
         (d)   To permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than 90% of its fair market value, where the Council finds some compelling necessity requiring a continuance of the nonconforming use.
         (e)   To waive or reduce the parking and loading requirements in any of the districts, when: (i) the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities; or (ii) when such regulations would impose an unreasonable hardship upon the use of the lot. The City Council shall not waive or reduce such requirements merely for the purpose of granting an advantage or a convenience.
      (4)   A written application for variance shall be submitted together with the required fee, accompanied by an accurate legal description, maps, site plans, drawings and any necessary data, demonstrating:
         (a)   That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district;
         (b)   That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
         (c)   That the special conditions and circumstances do not result from the actions of the applicant;
         (d)   That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district; and
         (e)   No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.
   (F)   Changes.
      (1)   The Board of Adjustment shall have no authority to change any provisions of this chapter, and its jurisdiction is limited to hardship and borderline cases which may arise from time to time. The Board may not change the district designation of any land either to a more or less restrictive zone.
      (2)   All questions of interpretation and enforcement shall be first presented to the Administrative Official, that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the building official and that recourse from the decisions of the Board of Adjustment shall be to the courts as provided by the laws of the State of Texas.
(Ord. 1249, passed 8- -25)
State law reference:
   Establishment and authority of zoning board of adjustment, V.T.C.A., Local Government Code, sec. 211.008 et seq.