City of Lancaster, TX AUTHORITY AND ADMINISTRATIVE PROCEDURES

Open Meetings.

All meetings of any board or commission under this Code shall be open to the public.

Keeping of Minutes.

Each board or commission shall keep accurate minutes of each meeting which shall be forwarded to the City Secretary within ten (10) days following approval. Such board or commission shall keep an accurate record of the names of the members who are present and absent from their meetings. When public hearings are necessary or required, notice of the public hearings and the conduct of the same will be in compliance with the requirements of the Local Government Code and this ordinance.

Appointment.

Each member of a board or commission shall be at least eighteen (18) years of age.

Attendance.

In case of excessive absences, a board, commission or committee member or alternate shall be removed from office. Absences from three (3) consecutive meetings or a total of five (5) absences within a twelve-month period shall constitute excessive absences. This provision shall apply even if such meeting is subsequently canceled or postponed due to lack of a quorum.

(Ordinance 2006-04-13, sec. 14.206, adopted 4/24/06)

§ 2.07 Conduct of Public Hearings.

Notice of Public Hearing.

Written notice of all public hearings on proposed changes in district boundaries shall be sent to all owners of property within a distance of at least 200 feet from the boundaries of the subject property at least ten (10) days prior to the hearing date. Such notice shall be served by using the last known address as listed on the last approved City tax roll and depositing the notice postage paid in the United States mail.

In addition, notice of such hearing shall be published one time in a newspaper of general circulation in the City, not less than ten (10) days prior to the date of such hearing, and signs giving notice of a proposed zone change shall be placed on the subject property at least ten (10) days prior to the public hearing.

Notice of hearings on proposed changes in the text of the Zoning Ordinance shall be accomplished by one publication not less than fifteen (15) days prior to the hearing, in the official newspaper of the City.

Public Hearing Postponement, Recess, and Continuations

A public hearing for which notice has been given may be postponed by announcing the postponement at or after the time and place the hearing is scheduled to begin.

A public hearing may be recessed and continued any time after the hearing has commenced.

If a postponement or continuance of a public hearing is to a specific date and time no later than 60 days from the first or most recent hearing, the announcement of the postponement or continuance at the public hearing in which the application has been postponed or continued shall be sufficient notice and no additional notice is required.

Postponed or continued public hearing shall be presumed to be held in the same location, unless a different location for the hearing is announced at the time of the postponement or continuance.

In the event that any request or amendment is being considered, whether or not a public hearing is involved, and it is continued at the request of the applicant more than one (1) time, an additional fee shall be required to cover the reasonable costs to the City, including the cost of any additional advertising cost and the cost of the City's consultants due to the postponement.

If the applicant is not present at a meeting where the request is being considered and the request cannot be considered, then an additional fee shall be required.

Conduct of Public Hearing.

Subject to the presiding officer's inherent authority to conduct meetings, the public hearing shall generally be conducted as follows:

Report by the City representative;

Open Public Hearing;

Presentation by the applicant;

Testimony and questions by the public;

Rebuttal by the applicant;

Closure of the public hearing.

(Ordinance 2006-04-13, sec. 14.207, adopted 4/24/06)

§ 2.08 City Council.

Authority.

The Council shall conduct a public hearing and make determinations on the following matters:

Text Amendments to this ordinance.

Zoning Changes and Map Amendments, including reclassification of the zoning designations on land, specific use permits, and planned developments.

Reserved.

Amendments to the Comprehensive Plan.

Amendments to the Thoroughfare Plan.

Amendments to the Open Space Plan.

Exceptions and appeals as may be set out in this ordinance.

Joint Hearings.

The City Council may hold a public hearing, after publishing the required notice, jointly and with any public hearing required to be held by the Planning and Zoning Commission, but the City Council shall not take action until it has received a final report from the Planning and Zoning Commission.

Council Hearing Notice.

Before the fifteenth day before the date of the hearing by the City Council, notice of the time and place of the hearing must be published in an official newspaper or a newspaper of general circulation in the City of Lancaster.

Council Approval or Denial.

Following the closure of the public hearing, the Council may take the following actions:

Approval of an Item.

The Council may approve the request or amendment either as requested, or in the form of a more restrictive district, and subject to such appropriate conditions as are allowed by law. However, when a proposed zoning request is heard by the City Council that has been denied by the Planning and Zoning Commission, a three-fourths (3/4) majority vote by the city council shall be required for approval.

Approval of any request for a text amendment to this ordinance or a zoning change and map amendment shall be granted only if the Council determines that the request or amendment is consistent with the Comprehensive Plan and the purposes of this ordinance. In the event the request or amendment concerns a text amendment to this ordinance or a zoning change and map amendment, the Council shall enact an ordinance amending this ordinance or amending the official Zoning Map, whichever is applicable.

Denial of an Item.

The Council may deny the request or amendment with prejudice. If a request or amendment is denied with prejudice, a new application may be submitted for the same lot or tract of land, or any portion thereof, within one year only if the new request is for a more restrictive or less intense use or development. Unless the new proposal is more restrictive or less intense than the previously denied proposal, then no other application pertaining to a change of zoning and map amendment may be submitted on the same lot or tract of land, or any portion thereof, for a period of one (1) year from the date of its denial by the Council. If a request or amendment is denied by the Council without an indication of "with" or "without" prejudice, then the action shall be considered to be "denied with prejudice."

Denial Without Prejudice.

The Council may deny the request or amendment without prejudice, in which case an application for a change in zoning and map amendment other than that which was requested on the original application may be filed at the applicant's discretion.

Reapplication Due to Changed Conditions.

A proposal to rezone a tract or parcel of land which has been previously rejected by the Council may be resubmitted within one year only if there is an actual change in conditions relating to zoning principles of the tract or parcel of land or the property surrounding it. In that event, the applicant must submit to the Director of Community Development, in writing, a resume describing such changed conditions. The Director shall investigate the property or cause such an investigation to be made and shall report to the Planning and Zoning Commission whether or not such changed conditions exist. Upon hearing this report, the Planning and Zoning Commission shall either grant or deny the request to refile the proposal for rezoning.

(e)

Protest of Proposed Change in Zoning.

Property owners of the affected property or adjacent to and within a radius of two hundred (200) feet of a property for which a change in zoning is being considered have the right to file a written protest against the request. The land area of this two hundred (200) feet radius includes streets, alleys and other public right-of-way.

Whenever such written protest is signed by the owners of twenty (20) percent or more of the area of the lots or land included in such zoning change, or of the lots or land immediately adjoining the same and within the above-mentioned two hundred (200) feet radius, such change in zoning shall require a favorable vote of three-fourths (3/4) of all the members of the Council.

For purposes of determining representation on this written protest, the written protest of any one owner of land owned by two or more persons shall be presumed to be the protest of all owners.

(Ordinance 2006-04-13, sec. 14.208, adopted 4/24/06; Ordinance 2006-11-43, sec. 7, adopted 11/13/06)

§ 2.09 Planning and Zoning Commission.

Creation and Membership

Membership.

The Planning and Zoning Commission shall consist of five (5) members to be appointed by the City Council, and shall hold their office for a term of two (2) years on a rotating basis. In the event that a vacancy occurs on the Planning and Zoning Commission prior to the expiration of a full term, the City Council shall appoint a new member to complete the unexpired term. Any member of the Commission may be reappointed by the City Council upon completion of a full term.

Residency.

Each member of the Planning and Zoning Commission shall be a resident of the City of Lancaster at the time of his/her appointment. A member of the Planning and Zoning Commission ceasing to reside in the City during his/her term of office shall immediately forfeit the office.

Removal.

Any member of the Planning and Zoning Commission may be removed from office without cause by the City Council to be sufficient for removal of the member. If a vacancy should exist in the Planning and Zoning Commission membership due to removal from office, resignation, death, refusal or inability to serve, the City Council shall appoint a new member to fill the vacancy for the unexpired term.

Powers and Duties.

The Planning and Zoning Commission shall have the following powers and duties:

To advise the City Council and make recommendations concerning adoption of, or amendments to, zoning regulations and the zoning map;

To advise the Council and make recommendations concerning adoption of, or amendments to the City's Comprehensive Plan, Thoroughfare Plan, and Open Space Plan and implementation thereof;

To oversee the City's regulations governing the platting and recording of subdivisions, including matters pertaining to the dedication of public facilities, and to advise the Council on matters pertaining to public improvements, traffic, utility extensions and the provision of public facilities and services, in order to implement the City's Comprehensive Plan;

To undertake such actions as are necessary to exercise its delegated powers, as indicated by adopted ordinance, including the granting of Exceptions;

To approve certain matters relating to platting and recording of subdivisions as dictated by the City's ordinances and this ordinance;

To select a Planning and Zoning Commission Chair;

To call public hearings to initiate amendments to this Code in accordance with State law; and

Other duties as may be prescribed by ordinance or State law.

Procedures.

Election of Officers.

The Planning and Zoning Commission shall elect a Chairman, [and] Vice-Chairman as soon as practicable after the appointment of members. The Vice-Chairman is to preside in the absence of the Chairman. Both the Chairman and Vice-Chairman shall vote on every item unless prohibited by law. The Zoning Administrator shall serve as the Secretary of the Planning and Zoning Commission.

Public Hearing and Notice.

Prior to making its report to the city council, the Planning and Zoning Commission shall hold at least one (1) public hearing on each application. Written notice of all public hearings on proposed changes in district boundaries shall be sent to all owners of property, as indicated by the most recently approved tax roll, located within the area of application and within two hundred (200) feet of any property affected thereby, within not less than ten (10) days before such hearing is held. Such notice may be served by using the last known address as listed on the city tax roll and depositing the notice, postage paid, in the United States mail. Notice of hearings on proposed changes in the text of the Comprehensive Zoning Ordinance shall be given by publication in the official newspaper of the city, or a newspaper of general circulation in the city, before the 15th day before the date of the hearing before the city council. If the Planning and Zoning Commission finds that the proposed changes in the zoning regulations contained in the text of the comprehensive zoning ordinance will have a substantial impact on the development rights of property owners in the zoning districts being affected by the proposed changes, the commission may also require written notice to the property owners in the same manner as notice is given on proposed changes in district boundaries. If the commission does not so find, it may provide for notice of its public hearing by publication in the same manner as notice is given for the public hearing by the city council.

Meetings

Open to the Public.

All meetings of the Planning and Zoning Commission shall be open to the public in accordance with State law. The Commission shall keep 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 record of its examinations and other official actions, all of which shall be filed in the office of the Commission and shall be a public record. The City Manager or designee of the City of Lancaster shall be the custodian and possessor of the records and minutes of the Planning and Zoning Commission.

Calling of Meetings.

Meetings of the Planning and Zoning Commission may be held as often as necessary to conduct the business coming before the Commission at the call of the Chairman and at such other times as the Commission may determine in accordance with State law and this Code.

Quorum.

Any three (3) members including the Chairman or Vice-Chairman shall constitute a quorum for the transaction of business. The affirmative vote of a majority of those attending any meeting at which there is a quorum present shall be necessary to pass any motion, recommendation or resolution of the Planning and Zoning Commission.

Failure to Appear.

Failure of the applicant for a zoning-related application, or his representative, to appear before the Planning and Zoning Commission for more than one (1) hearing without an approved delay shall constitute sufficient grounds for the Planning and Zoning Commission to terminate the application.

Criteria for Granting Exceptions.

The Planning and Zoning Commission may make a recommendation to approve Exceptions as provided in this Code that are consistent with the general purpose and intent of the ordinance.

Exceptions are subject to appropriate conditions and safeguards to ensure that they are consistent with the general purpose and intent of this ordinance and the City's Comprehensive Plan.

The City Council, pursuant to the powers conferred upon it by State law, the ordinances of the City, and this Article may grant Exceptions herein provided to the provisions of this ordinance upon finding that:

Such Exception will not substantially or permanently injure the appropriate use of adjacent property in the same district; and

Such Exception will not adversely affect the health, safety or general welfare of the public; and

Such Exception will not be contrary to the public interest; and

Such Exception will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the Exception is sought is located, except as provided elsewhere in this ordinance; and

Such Exception will be in harmony with the spirit and purpose of this ordinance; and

Such Exception will not alter the essential character of the district in which is located the property for which the Exception is sought; and

Such Exception will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located; and

Such Exception is within the spirit and intent of the City's Comprehensive plan and other policies.

(Ordinance 2006-04-13, sec. 14.209, adopted 4/24/06; Ordinance 2015-11-24, secs. 1, 2, adopted 11/16/15)

§ 2.10 Board of Adjustment.

Organization.

Membership.

The Board shall consist of five (5) citizens each to be appointed or reappointed by the Mayor and confirmed by the city council for staggered terms of two (2) years respectively. Each member of the Board shall be removable for just cause by city council upon written charges and after public hearings. Vacancies shall be filled by the city council for the unexpired term of any member whose term becomes vacant.

The city council may appoint up to four (4) alternate members of the Board who shall serve in the absence of one (1) or more regular members when requested to do so by the mayor or city manager. These alternate members, when appointed, shall serve for the same period as regular members when requested to do so by the mayor or city manager. These alternate members, when appointed, shall serve for the same period as regular members and any vacancies shall be filled in the same manner and shall be subject to removal as regular members[.]

The Director.

The Director, or his authorized representative, shall act as secretary of the Zoning Board of Adjustment and shall set up and maintain a separate file for each application for appeal and Variance received and shall record therein the names and addresses of all persons, firms and corporations to whom notices are mailed, including the date of mailing and further keep a record of all notices published as required herein. All records and files herein provided for shall be permanent and official files and records of the City.

Procedures.

Adopting Procedural Rules.

The Board of Adjustment, by majority vote, shall adopt such procedural rules as are necessary to execute its duties.

Election of Officers.

The Board of Adjustment shall annually select one of its members to be the Chairman, and the Vice-Chairman to act in the absence of the Chairman.

Quorum.

All cases before the Board of Adjustment must be heard by at least four members.

Calling Meetings.

Meetings of the Board shall be held at the call of the Chairperson, and at such other times as the Board may determine. Such Chairperson, or in his/her absence the acting chairperson, shall administer oaths and compel attendance of witnesses.

Meetings Open to the Public.

All meetings of the Board shall be open to the public as provided by State law.

Keeping of Minutes.

The Board shall keep 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 other official actions, all of which shall be filed in the office of the Board and shall be a public record.

The Secretary of the Board shall forthwith notify in writing the City Council, the Planning and Zoning Commission and the City Building Official of each decision, interpretation and Variance granted under the provisions of this ordinance.

Powers and Duties.

When in its judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, the Board of Adjustment may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards, authorize the following Variances to the regulations herein established:

Subpoena witnesses, etc.

The Board shall have the power to subpoena witnesses, administer oaths, and punish for contempt and may require the production of documents under such regulations as it may establish.

Appeal of an Administrative Decision.

The Board shall consider an appeal from any person aggrieved by a decision of any administrative officer with authority over any matter regulated by this ordinance or by any officer, department, Board or division of the City affected by any decision of the administrative officer. Such appeal shall be received within fifteen (15) calendar days after the decision has been rendered by the administrative officer, by filing with the officer whose decision is being appealed and with the Board of Adjustment, a notice of appeal specifying the grounds of the appeal and the City's required fee.

The officer from whom the appeal is taken shall forthwith transmit to the Board, all papers constituting the record from which the action appealed was taken.

An appeal shall stay all proceedings of the action which has been appealed, unless the officer from whom the appeal is taken, certifies to the Board that a stay would, in the officer's opinion, cause imminent peril to life or property.

In such case, proceedings shall not be stayed unless there is a restraining order granted by the Board or by a court of competent jurisdiction on application, and notice is given to the officer whose decision is the subject of appeal.

Odd-Shaped Parcels.

The Board may permit such variances of the height, yard, area, coverage and parking regulations as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area, shape, or slope that it cannot be appropriately developed without such modification as provided by State law.

Nonconforming Use.

The Board may not permit the expansion or enlargement of a building occupied by a nonconforming use on the lot or tract occupied by such building.

Change of Nonconforming Use.

The Board may not authorize a change of use from one nonconforming use to another nonconforming use.

(9)

Termination of nonconforming uses and structures.

Upon request by city council or upon its own initiative, the Board of adjustment may establish a termination date for a nonconforming use. Such termination date shall provide that the owner's actual investment in the structure made legally prior to the use became nonconforming, can be amortized within a definite time period. In connection with establishing a reasonable time period, the Board may consider the amount of the investment realized to date, and the amount remaining, if any, to be recovered during the amortization period, the life expectancy of the investment, the existence or nonexistence of lease obligations, removal costs directly attributable to the establishment of a termination date, and other costs and expenses directly attributable to the establishment of a termination date. Nonconformity as to parking shall not be subject to termination under this section. The procedure for termination of a nonconforming use shall be as established by the rules and regulations of the Board and shall include procedures for the giving of notice, the holding of a public hearing, and the rendition and transmittal of a decision to the property owner.

(10)

Violation of Other Ordinances.

The Board is not authorized to permit or approve any request that would be in violation of any other ordinances or City regulations that would prohibit such improvement or construction to be made.

Criteria for Granting Variances.

The City's Board of Adjustment, pursuant to the powers conferred upon it by State law, the ordinances of the City, and this Article may grant Variances to the provisions of this ordinance upon finding that:

Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.

The Variance or request for relief is not a self-created hardship.

Such Variance or request for relief will not substantially or permanently injure the appropriate use of adjacent property in the same district; and

Such Variance or request for relief will not adversely affect the health, safety or general welfare of the public; and

Such Variance or request for relief will not be contrary to the public interest; and

Such Variance or request for relief will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the Variance is sought is located, except as provided in Section 10.3 [subsection (c)] above; and

Such Variance or request for relief will be in harmony with the spirit and purpose of this ordinance; and

Such Variance or request for relief will not alter the essential character of the district in which is located the property for which the Variance is sought; and

(9)

Such Variance or request for relief will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located; and

(10)

The plight of the owner of the property for which the Variance or Exception is sought is due to unique circumstances existing on the property, including but not limited to the area, shape or slope, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to or the result of general conditions in the district in which the property is located.

(e)

Actions of the Board

In exercising its powers, the Board, may, in conformity with the provisions of the Local Government Code, revise or reform, wholly or partly, or may modify the order, requirement, decisions, or determination appealed from, and shall have all the powers of the officer from whom the appeal is taken including the power to impose reasonable conditions to be complied with by the applicant.

The concurring vote of four (4) members of the Board shall be necessary to revise any order, requirements, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance or to affect [effect] any Variance in the ordinance.

Any Variance authorized by the Board, either under the provisions of this ordinance or under the authority granted to the Board under the statutes of the State, shall allow for the issuance of a building permit or a certificate of occupancy or other relief as the case may be for a period of ninety (90) days from the date of the favorable action on the part of the Board, unless the Board in its minutes shall, at the same time, grant a longer period and the affected property owner complies with all other applicable ordinances.

If a building permit or certificate of occupancy has not been applied for or issued within a ninety (90) day period or as the Board may specifically grant, the Order granting relief shall be deemed waived; and all rights granted under the Order terminated. The Board may grant one or more extensions to this time period upon the applicant's request and if due cause is shown.

Such termination and waiver shall be without prejudice to a subsequent appeal to the Board in accordance with the rules, and regulations regarding appeals.

(f)

Appeals on Same Matter.

No appeal to the Board of Adjustment shall be allowed concerning the same matter prior to the expiration of six (6) months from a ruling of the Board on any appeal to such body unless other rulings on the same or similar subject matter have, within such six-month period, been altered or changed by ruling of the Board, in which case such change of circumstances shall permit the allowance of an appeal, but shall in no way have force in law to compel the Board, after a hearing, to grant such subsequent appeal, but such appeal shall be considered on its merits as in all other cases.

(g)

Effective Date.

A decision on a Variance shall be effective upon decision by the Board.

(h)

Appeal from Board.

Any person aggrieved by any decision of the Board of Adjustment or any officer, department, or Board of the municipality pursuant to this section, may present to a court of competent jurisdiction, a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of such illegality in accordance with State law.

Such petition shall be presented to the court within ten (10) days after the filing of the decision complained of in the office of the City Secretary and not thereafter.

No appeal from a Board of Adjustment decision under its jurisdiction, as set out in the Zoning Ordinance of the City, shall be heard by the City Council.

(Ordinance 2006-04-13, sec. 14.210, adopted 4/24/06)

§ 2.11 Sign Control Board.

Creation.

There is hereby established a Sign Control Board consisting of five (5) members. The Planning and Zoning Commission shall serve as the Sign Control Board.

Powers and duties.

The Sign Control Board shall have the following powers and perform the following duties:

Considerations.

In considering the request for exception to requirements of this article [Article 12.00], the Sign Control Board shall consider, but not limited to:

the degree of Exception,

the reasons for Exceptions requested,

the location of Exceptions requested,

the duration of requested Exception,

the effect on public safety,

protection of neighborhood property,

the degree of hardship or injustice involved, and

the effect of the Exception on the general plan for signing within the city.

Considerations for Area or Height Exceptions.

In considering an Exception from the area or height limitations of this article [Article 12.00], the Sign Control Board shall consider the proximity of nonconforming existing signs to the location of the requested Exception and the area and height of such nonconforming signs.

Decisions.

The Sign Control Board may grant the Exception requested, grant an Exception of a lesser nature than requested, or deny an Exception request.

All actions on Exception requests may be appealed within ten (10) days to City Council. Decisions of the Board shall become final unless reversed or modified by the City Council at the second regular City Council meeting following the Sign Control Board meeting at which formal action was taken by the Board. In reviewing the action of the Board, or Exception requests, the council shall consider the records made at the hearing before the Sign Control Board.

Study and Review.

The Sign Control Board shall conduct continuing studies of sign ordinances in neighboring municipalities as well as other cities where such study will assist in upgrading the function of signing within the City of Lancaster and make recommendations to the City Council where appropriate.

Continuing Review of Nonconforming Signs and Previous Exceptions.

The Sign Control Board will conduct a continual review of all nonconforming signs and Exceptions granted and determine their desirability and effects upon the neighborhood and city and make recommendations to the City Council where appropriate.

The Sign Control Board will evaluate new signing techniques as such are developed and recommend to the City Council their benefits and disadvantages in the City of Lancaster.

The Sign Control Board shall conduct studies, prepare opinions and general plans as requested by the City Council.

Discuss Signage Plans.

The Sign Control Board may discuss the planning of signage in new or existing developments upon the request of the developer.

Other Duties.

The Sign Control Board shall perform any duties specified elsewhere in this article [Article 12.00], including, from time to time, recommendations to City Council for changes or amendments to this article [Article 12.00].

(Ordinance 2006-04-13, sec. 14.211, adopted 4/24/06)

§ 2.12 Historic Landmark Preservation Committee (HLPC).

Organization.

Created.

There is hereby created the Lancaster Historic Landmark Preservation Committee, under the authority granted to municipalities in Section 211 of the Texas Local Government Code, hereafter referred to as the [sic] or as the HLPC.

Membership.

The HLPC shall consist of five (5) members and one (1) alternate to be appointed by the Planning and Zoning Commission and confirmed by the City Council. Of the five (5) members of the HLPC, at least three (3) shall have experience and/or expertise in the following fields: architecture, planning, landscape architecture, building construction or real estate appraisal. At least one member shall be a member of the Lancaster Historical Society. At least one member shall be the owner of a designated historic landmark or property within an historic district. All HLPC members shall be residents of the city and shall have a demonstrated interest in or knowledge of historic preservation practices and principles.

Terms of Office.

HLPC members shall serve for terms of two (2) years with three (3) members' terms expiring in odd-numbered years and two (2) members' terms expiring in even-numbered years.

Officers.

The Chairperson and Vice-Chairperson of the HLPC shall be elected annually following appointment of new members, by and from the members of the HLPC.

Meetings.

The HLPC shall meet at least monthly, if business is at hand. Special meetings may be called any time by the Chairperson, the City Council, the Planning and Zoning Commission, or on the written request of any two (2) HLPC members. All meetings shall be held in conformance with the Texas Open Meetings Act.

Quorum.

A quorum for the transaction of business shall consist of three (3) members. Issues shall be decided by the vote of a simple majority of the members present.

Meeting Minutes.

Minutes of each meeting shall be filed in the office of the Historic Preservation Officer (HPO).

Historic Landmark Preservation Committee (HLPC) Powers and Duties.

Rules and Procedures.

Prepare rules and procedures as necessary to carry out the business of the HLPC. Rules and procedures shall be filed in the office of the Historic Preservation Officer (HPO).

Criteria for Designation.

Adopt criteria for the designation of historic, architectural and cultural landmarks and the delineation of historic districts, which shall be recommended to the Planning and Zoning Commission for subsequent submittal to the City Council.

Inventory Significant Properties.

Conduct surveys and maintain an inventory of significant historic, architectural, archeological and cultural landmarks and all properties located in historic districts within the City.

Recommendation to Planning and Zoning Commission.

Recommend to the Planning and Zoning Commission for subsequent submission to the City Council the conferral of recognition to the owners of designated historic landmarks or properties within designated historic districts by means of certificates, plaques or markers.

Public Awareness.

Increase public awareness of the value of historic, cultural and architectural preservation by developing and participating in public education programs.

Designation.

Recommend the designation of sites, buildings, structures, objects or areas as landmarks and historic districts.

Funding Recommendations.

Make recommendations to the Planning and Zoning Commission for subsequent submission to the City Council concerning the utilization of funds and funding methods such as tax deferments, grants, fees, donations or other means to promote the preservation and vitality of landmarks and historic districts within the City.

Certificates of Appropriateness (CA).

Review and make recommendations on applications for Certificates of Appropriateness and Certificates of Economic Hardship.

(9)

Ad-Hoc Committees.

Create ad-hoc committees from among its membership and delegate to these Committees responsibilities to carry out the purposes of this ordinance.

(10)

Minutes.

Maintain written minutes which record all actions taken by the HLPC and the reasons for taking such actions.

(11)

Reports.

Prepare and submit to the Planning and Zoning Commission and for subsequent submission to the City Council periodic or special reports summarizing the status of landmarks and historic districts and the HLPC's work and accomplishments.

(12)

Design Guidelines.

Prepare specific design guidelines for the review of landmarks and historic districts.

(13)

Acquisition of Structures.

Recommend the acquisition of landmark structures by the City where their preservation is essential to the purpose of this act and where private preservation is not feasible.

(14)

Other Recommendations.

Recommend to the Planning and Zoning Commission for subsequent submission to the City Council acceptance of donations of preservation easements and development rights as well as any other gift of value for the purpose of historic preservation.

Historic Preservation Officer (HPO).

The City Manager shall designate a staff member as the Historic Preservation Officer. The Historic Preservation Officer shall administer this ordinance and advise the HLPC on related matters.

Historic Landmarks: Definition and Designation.

Definition.

An historic landmark is defined as an individual site, building, object or structure, designated by ordinance of the City Council, that is worthy of rehabilitation, restoration and/or preservation for its historic, cultural and/or architectural significance to the City of Lancaster.

Designation.

An historic landmark shall be designated as follows:

Nomination.

Nomination for historic landmark designation shall be made to the HLPC on forms provided by the HLPC. The nomination may be submitted by the owner of record of the nominated property, the HLPC or a member of the HLPC, the City Council, the Lancaster Historical Society, the Dallas County Historical Commission or other recognized historic preservation organization.

The owner of record shall be notified at the time a property is nominated for designation.

Designated Texas Historic Landmarks, archeological sites and properties listed in the National Register of Historic Places shall be automatically eligible for designation as historic landmarks upon processing of a nomination application.

The following criteria shall be considered when determining whether a nominated property is eligible for consideration:

Significance in history, architecture, archeology and/or culture;

Association with events that have made a significant contribution to the broad patterns of local, regional, state or national history;

Association with the lives of persons significant in our past;

Embodiment of the distinctive characteristics of a type, period or method of construction;

Representative work of a master designer, builder or craftsman; and/or

An established and familiar visual feature of the City.

HLPC Recommendation.

The HLPC shall, within forty-five (45) days from the receipt of an administratively complete nomination, determine that the nomination meets, or fails to meet the criteria for designation as a landmark.

In reviewing the application, the HLPC should solicit and receive input from the owners of the nominated property, interested parties and technical experts. Testimony or documentary evidence received by the HLPC may be included in the report to the Planning and Zoning Commission. In making this determination, the HLPC may specify that all, some or none of the building(s), site(s) or feature(s) specified in the nomination are suitable or not suitable for landmark designation. The HLPC shall forward a recommendation to the Planning and Zoning Commission. The recommendation shall be accompanied by a report that:

Explains, compares and/or contrasts the significance of the nominated landmark as it relates to the criteria;

Explains, verifies and/or details the integrity, or authenticity of a nominated landmark's historic identity noting claims or conjecture that may be reasonable but that cannot be verified;

Identifies significant exterior architectural features of the nominated landmark that should be protected;

Identifies the types of construction, alteration, demolition and removal, other than those requiring a building permit that should be reviewed for a Certificate of Appropriateness;

Describes the relationship of the nominated landmark to the ongoing effort of the HLPC to identify and nominate all potential properties that meet the criteria for designation;

Recommends appropriate permitted uses, special uses, height and area regulations, minimum dwelling size, floor area, sign regulations and parking regulations when necessary or appropriate to the preservation of the nominated landmark; and

Provides a map and/or legal description showing the location of the nominated landmark.

Notification of HLPC Recommendation.

A notice of determination shall be mailed to the owner of record of the nominated landmark within seven (7) days of the recommendation.

Planning and Zoning Commission Public Hearing.

Upon receipt of the report from the HLPC, the Planning and Zoning Commission shall schedule a public hearing on the nominated landmark within thirty (30) days following the receipt of the report. Notice of the public hearing shall be placed in the official newspaper of the City at least fifteen (15) days before the date of the hearing. Notice of the public hearing shall also be sent by regular mail to the owners of record of the properties immediately abutting the nominated landmark or within 200 feet of the nominated landmark.

Commission Recommendation to Council.

The Planning and Zoning Commission shall forward its recommendation to the City Council. The findings of the Planning and Zoning Commission shall be based on the same criteria listed in this section, the report from the HLPC and any input received at the public hearing. In making its recommendation the Planning and Zoning Commission may designate that all, some or none of the building(s), site(s) or feature(s) are suitable or not suitable for landmark designation. A notice of determination shall be mailed to the owner of record of the nominated landmark within seven (7) days of the recommendation by the Planning and Zoning Commission.

Council Decision.

The City Council may:

Designate by ordinance landmark status for all, or some of the building(s), site(s) or feature(s) specified or,

Remand the nomination to the Planning and Zoning Commission or HLPC for additional consideration or,

Reject the nomination of the landmark in its entirety.

City Council Public Hearing.

Upon receipt of a recommendation the Council shall conduct a public hearing on the nominated landmark within forty-five (45) days. Notice of the public hearing shall be placed in the official newspaper of the City at least fifteen (15) days before the date of the hearing. Notice of the public hearing shall also be sent by regular mail to the owners of record and properties immediately abutting the nominated landmark or within 200 feet of the nominated landmark.

Recording of Designation.

Upon designation of a site, building, object or structure as an historic landmark, the City Council shall cause the designation to be recorded in the Official Public Records of Real Property of Dallas County and the Dallas County Appraisal District.

(e)

Historic Districts: Definition and Designation.

Definition.

An historic district is an area of the city designated by ordinance of the City Council which possesses within definable geographic boundaries a significant concentration, linkage or continuity of sites, buildings or structures united historically or aesthetically by plan or physical development.

Designation.

An historic district shall be designated as follows:

Nomination.

Nomination for historic district designation shall be made to the HLPC on forms provided by the HLPC. The nomination may be submitted by one or more owners of record of properties within the nominated district, the HLPC or a member of the HLPC, the City Council, the Lancaster Historical Society, the Dallas County Historical Commission or other recognized historic preservation organization. The owners of record shall be notified at the time a district is nominated for designation.

Historic Districts listed in the National Register of Historic Places shall be automatically eligible for designation as historic landmarks upon processing of a nomination application.

The following criteria shall be considered when determining whether a nominated area is eligible for consideration:

Significance in history, architecture, archeology and/or culture;

Association with events that have made a significant contribution to the broad patterns of local, regional, state or national history;

Association with the lives of persons significant in our past;

Embodiment of the distinctive characteristics of a type, period or method of construction; and/or

Representative work of a master designer, builder or craftsman.

Process.

The Process for designating historic districts shall be the same as for designating Historic Landmarks in 13.4.B [2.12(d)] above. However, the HLPC shall prepare a report that:

Explains, compares and/or contrasts the significance of the nominated district as it relates to the criteria; and

Identifies significant architectural features of the structures within the nominated district that should be protected; and,

Identifies the types of alterations and demolitions that should be reviewed for Certificate of Appropriateness Review; and,

Describes the relationship of the nominated district to the ongoing effort of the HLPC to identify and nominate all potential areas that meet the criteria for designation; and,

Provides a map and legal description showing the location and boundaries of the nominated district.

Upon designation of an area as an historic district, the City Council shall cause the designation to be recorded in the Official Public Records of Real Property of Dallas County and the Dallas County Appraisal District.

The designation of an historic district shall be an official overlay zoning district on the zoning map of the City of Lancaster. Such designation shall be identified on the zoning map with the letters "HP" as a prefix.

(f)

Designated Districts and Landmarks Listed

Historic Landmarks.

Sites, buildings, objects and structures designated as Historic Landmarks in the City of Lancaster: are set forth in Appendix "A," which is attached hereto and incorporated herein by reference.

Historic Districts.

Areas designated as Historic Districts within the City of Lancaster are set forth in Appendix "B," which is attached hereto and incorporated herein by reference.

(Ordinance 2006-04-13, sec. 14.212, adopted 4/24/06; Ordinance 2008-11-47, sec. 1, adopted 11/10/08)

§ 2.13 Tree Advisory Board.

Organization.

The City Council shall by ordinance or resolution create the Tree Advisory Board, which shall be the Park and Recreation Advisory Board. The Planning and Zoning Commission shall remain the approval authority relating to appeals following any decision under this section.

Responsibilities.

It shall be the responsibility of the Tree Advisory Board to consider appeals to decisions of the City staff interpretation of Article 9.00 et seq. and to study, investigate, counsel and develop and/or update periodically, a written plan for the care, preservation, pruning, planting, replanting or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan shall be presented to the Council and when adopted shall represent the comprehensive tree plan for the City.

(Ordinance 2006-04-13, sec. 14.213, adopted 4/24/06)

§ 2.14 Procedure in Planning Cases–Additional Information Submitted.

New matters of evidence not presented to the Planning and Zoning Commission, but which may reasonably have affected their recommendation, should not be heard or considered by the Council in its public hearings related to amendments to the zoning ordinance and maps to the City.

In the event new evidence develops between the date of the hearing by the Planning and Zoning Commission and the hearing of the Council on any zoning change, or if for any other valid reason a person wishes to present evidence to the Council which had not been presented to the Planning and Zoning Commission, the Council should refer the case back to the Planning and Zoning Commission for further hearings to consider the new evidence.

Nothing contained herein shall be construed to prohibit anyone from speaking in the public hearing related to changes in zoning.

(Ordinance 2006-04-13, sec. 14.214, adopted 4/24/06)

§ 2.15 Computation of Time.

Unless otherwise specifically provided, the time within which an act is to be done shall be computed by excluding the first and including the last day. If the last day is a Saturday, a Sunday or a legal holiday as observed by the City of Lancaster, that day shall be excluded. Whenever a person has the right, or is required to perform some act within the prescribed period after the service of a notice or other paper upon him, and the notice or paper is served by mail, three calendar days shall be added to the prescribed time unless otherwise specifically provided.

(Ordinance 2006-04-13, sec. 14.215, adopted 4/24/06)

§ 2.16 Fees.

Fees for all applications and appeals referred to in this ordinance shall be established by resolution of the City Council.

(Ordinance 2006-04-13, sec. 14.216, adopted 4/24/06)

§ 2.17 Certificates of Occupancy and Compliance.

Certificates of Occupancy Shall be Required for Any of the Following:

Occupancy and use of a building hereafter erected or structurally altered.

Change in zoning classification or building use and occupancy classification of an existing building or space used for commercial purposes to a use of a different classification.

Occupancy and use of vacant land, except agricultural use.

Any change in the use of a nonconforming use.

Any change in tenancy of a structure or space used for commercial purposes.

Any change in ownership of any commercial building or structure.

Procedure for Application.

Written application for a certificate of occupancy shall be made to the Building Official prior to the change in zoning classification, occupancy classification, or occupancy of any land, structure, or space; for a new building or for an existing building which is to be altered; and for any change in ownership or tenancy of a structure, space, or building used for commercial purposes. Said certificate shall be issued after the land, space or structure has been inspected and found to be in compliance with all applicable laws of the City of Lancaster.