Whitesboro City Zoning Code
PLANNING AND
ZONING COMMISSION AND BOARD OF ADJUSTMENT
§ 154.115 COMPOSITION, TERM AND VACANCIES OF PLANNING AND ZONING COMMISSION.
(A) The City Council shall appoint a Planning and Zoning Commission of five members who are residents and/or ad valorem taxpayers of the city. The members shall be appointed to two-year term and shall serve until their successors are appointed and qualified.
(B) Commission members shall actively participate in the Commission’s activities, and any member who is absent for three consecutive meetings without valid excuse, as determined by the Commission, shall automatically be dismissed from membership. The membership shall at once notify the Council that a vacancy exists. Any vacancy on the Commission, for any reason, shall be filled for the unexpired term by Council appointment within 30 days of vacancy.
(Ord. 927, passed 4-12-05; Am. Ord. 1077, passed 12-8-15)
§ 154.116 POWERS, DUTIES AND RESPONSIBILITIES OF THE COMMISSION.
(A) Comprehensive plan. The Commission shall make, amend, extend, and add to the comprehensive plan for the physical development of the city and recommend the comprehensive plan to the City Council for approval.
(B) Zoning. The Commission shall make a zoning plan, recommend it to the City Council for adoption and recommend for approval or disapproval proposed changes to the plan.
(C) Land subdivision and platting. The Commission shall approve or disapprove plats of proposed subdivisions submitted to the city. In considering plats, the Commission shall require the proposed subdivision to meet requirements set out in the subdivision code. The Commission shall submit copies of all approved plats to the City Council for its approval before the plats are released for recording.
(Ord. 927, passed 4-12-05)
§ 154.117 MEETINGS OF THE COMMISSION.
(A) Three members of the Planning and Zoning Commission shall constitute a quorum for the transaction of business. The Commission shall keep a record of its resolutions, transactions, findings and determinations, which shall become items of public record. The City Administrator or his or her representative shall attend Planning and Zoning Commission meetings and shall serve as liaison between the commission and the City Council.
(B) Upon final passage of this section the Planning and Zoning Commission of the city shall consist of five members to be appointed by the City Council of the city for a term of two years from date of appointment.
(Ord. 927, passed 4-12-05; Am. Ord. 1077, passed 12-8-15)
§ 154.118 COMPOSITION, TERM AND VACANCIES OF THE BOARD OF ADJUSTMENT.
(A) The City Council shall appoint a Board of Adjustment who, in appropriate cases and subject to appropriate conditions and safeguards, may make special exceptions to the terms of this chapter that are consistent with the general purpose and intent of the chapter and in accordance with any applicable rules contained in this chapter. The Board shall consist of five members who are residents and/or taxpayers of the city. The members shall be appointed to two-year terms and shall serve until their successors are appointed and qualified.
(B) Members of the Board of Adjustment shall actively participate in the Board’s activities, and any member who is absent for three consecutive meetings without valid excuse, as determined by the Board, shall automatically be dismissed from membership. The membership shall at once notify the Council that a vacancy exists. Any vacancy on the Board, for any reason, shall be filled for the unexpired term by Council appointment within 30 days of vacancy.
(Ord. 927, passed 4-12-05)
§ 154.119 POWERS, DUTIES AND RESPONSIBILITIES OF THE BOARD.
(A) Appeals. The Board may hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an dministrative official of the city in the enforcement of this chapter.
(B) Variances. The Board may permit variances or modifications to height, yard, area, coverage and parking regulations.
(C) Special exceptions. The Board may hear and decide special exceptions to the terms of this chapter which are limited in scope and apply to the following:
(1) Reconstruction of nonconforming buildings.
(2) Expansion of nonconforming buildings.
(3) Discontinuance of nonconforming uses.
(D) Signs. The Board may permit such variances or modifications of sign regulations as may be necessary.
(Ord. 927, passed 4-12-05)
§ 154.120 MEETINGS OF THE BOARD.
All meetings of the Board shall be open to the public. Four members of the Board of Adjustment shall constitute a quorum for the transaction of business. The Board shall keep a record of its proceedings that indicate the vote of each member on each question or the fact that a member is absent or fails to vote. The Board shall keep records of its examinations and other official actions. The records shall be filed immediately in the office of the City Secretary and are public records.
(Ord. 927, passed 4-12-05)
§ 154.121 VARIANCE FINDINGS FLOWCHART.
To guide the Board of Adjustment in their deliberations, the following is a variance findings flowchart:
FINDINGS – VARIANCES
(Ord. 927, passed 4-12-05)
§ 154.999 PENALTY.
Any person or corporation who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof, or who shall build or alter any building or use in violation of any detailed statement or plan submitted and approved hereunder, shall be guilty of a misdemeanor and shall be liable to a fine of not more than $500, and each day that such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises or part thereof, where anything in violation of this chapter shall be placed or shall exist, any architect, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violations shall be guilty of a separate offense and upon conviction shall be fined as herein provided.
(Ord. 927, passed 4-12-05)