The provisions of the unified development control document shall
be administered, interpreted and enforced by the city manager or his
designee.
(Ordinance 1133, § 1(2-100), 3-22-94)
All land, buildings, structures or appurtenances thereon located
within the city which are hereafter occupied, used, erected, altered
or converted shall be used, placed and erected in conformance with
the regulations prescribed herein. Land used in meeting the requirements
of this document with respect to a particular use or building shall
not be used to meet the requirements for any other use or building.
No approval, authorization to proceed, or issuance of any certificate
or permit shall be construed as an approval of a violation of the
provisions of this document or of other ordinances of the City of
Euless. Certificates presuming to give authority to violate or cancel
the provisions of this document or of other ordinances of the jurisdiction
shall not be valid.
(Ordinance 1133, § 1(2-101), 3-22-94)
(a)
Certificate
required prior to occupancy.
No building, or portion
thereof, or parcel of land shall be used or changed in use until a
certificate of occupancy shall have been issued by the city. Failure
to comply with the provisions of this document shall result in the
issuance of a citation and/or constitute a basis to deny or disconnect
city utilities or to require private utility companies to do likewise.
(b)
Connection
to utilities.
A certificate of occupancy shall be applied
for and issued before occupancy and connection of utilities to such
building, provided such construction or change has been made in complete
conformity to the provisions of this document and other laws.
(1)
Temporary
connection of utilities may be authorized by the administrator for
the purpose of clean up, construction or other such purposes. Temporary
connection of any utility shall be for a specified duration not to
exceed 60 days and shall not be used for temporary occupancy.
(c)
Records.
A record of all certificates of occupancy shall be maintained
on file in the city and copies shall be furnished for a fee on written
request to any person.
(d)
Contents
of a certificate of occupancy.
An application for a certificate
of occupancy shall at a minimum contain the following information:
Business name, business address, business phone number, type of use,
business owner, business owner’s address, business owner’s
phone number and emergency phone number, applicant’s driver’s
license number, applicant’s date of birth, and applicant’s
signature.
(e)
Fee.
A fee sufficient to recover administrative cost and cost for
inspecting for compliance will be assessed in accordance with city
fee ordinance.
(f)
Other
requirements.
Requirements applicable to specific land
uses and on-site situations are listed as follows:
(1)
Applicable land use districts.
A current certificate
of occupancy is required on all land, buildings, or portions thereof
that are not designated as being located within a one- or two-family
dwelling use.
(2)
Display of certificate of occupancy.
A certificate of
occupancy is required to be clearly displayed on the site and in a
conspicuous place.
(3)
Certificate of occupancy kept current.
A certificate
of occupancy is required to be kept current reflecting any change
of address, name changes, changes in ownership, or other pertinent
information listed on the certificate.
(Ordinance 1133, § 1(2-102), 3-22-94)
Nothing herein contained shall require any change in the plans,
construction or designated use of a building actually under construction
within the city on the effective date of this document and which entire
building shall be completed within one year from the effective date
of the document or which building shall be maintained under continuous
construction even though not completed within one year. Nothing herein
contained shall require any change in plan, construction or designated
use of a building for which a building permit has been heretofore
issued while such permit is valid and provided the building shall
have been started within 180 days of the date of issuance of the permit
and which entire building shall be maintained under continuous construction
even though not completed within one year.
(Ordinance 1133, § 1(2-103), 3-22-94)
No building or construction of a building or structure upon
any tract, parcel or premise shall commence, and public utilities
shall not be extended or connected to a building or structure unless
the lot, tract, parcel or premise is in accordance with all the provisions
and requirements of this unified development control document (chapter)
and all applicable building permits and authorizations to proceed
are first obtained.
(Ordinance 1133, § 1(2-104), 3-22-94)
Any person, firm, corporation or entity that violates or assists
in the violation of any of the provisions of this document or fails
to comply with any of the requirements thereof, or who shall build
or alter any building or use in violation of any plan or permit submitted
and approved hereunder, shall be guilty of a misdemeanor and upon
conviction shall be subject to a fine of up to $2,000.00 for each
violation. Each day a violation exists shall constitute a separate
violation or offense. In order to enforce the provisions of the unified
development control document, the city attorney is also authorized
to institute any civil action in the appropriate court upon the prior
approval of the city manager.
(Ordinance 1133, § 1(2-105), 3-22-94)
(a)
Authority.
(1)
In
addition to its other responsibilities, the Planning and Zoning Commission
of the City of Euless (hereinafter “commission”) is vested
with the authority to review, approve, conditionally approve and disapprove
applications for the platting or subdivision of land, including land
plans, conveyance plats, preliminary plats, final plats, amended plats,
replats, and vacations of plats.
(2)
The administrator is vested with the authority to approve minor plats (see section 84-405(a)(1)). The administrator may, for any reason, elect to present a minor plat to the planning and zoning commission for approval. The administrator may not disapprove a minor plat and shall refer any minor plat refused for approval to the planning and zoning commission within 30 days of the official date of application.
(b)
Variances,
exceptions, and appeals to platting.
The city council
shall have the ultimate power to grant or reject variances or special
exceptions to platting regulations which consist of articles IX, X,
XI and XII of this chapter.
(1)
Findings of extraordinary hardships or practical difficulties.
Where the city council finds that extraordinary hardships or
practical difficulties may result from strict compliance with the
platting regulations or that the public interest may be better serviced
by an alternative proposal, the council may approve a variance or
special exception to the platting regulations of this chapter.
(2)
Grounds for variances or special exceptions.
The city
council shall not authorize variances or special exceptions unless
it shall make findings based on the evidence presented to it in each
specific case that:
a.
The
granting of the variance or special exception will not be detrimental
to the public safety, health, or welfare or injurious to other property;
b.
The
conditions upon which the request for a variance or special exception
is based are unique to the property for which the request is sought
and are not applicable generally to other property;
c.
Because
of the particular physical surroundings, shape or topographical conditions
of the specific property involved, a particular hardship to the owner
would result, as distinguished from a mere inconvenience, if the strict
terms of these regulations are enforced;
d.
The
variance will not in any significant way vary the provisions of this
chapter, zoning map, or comprehensive master plan.
(3)
Petition requirement.
A petition for any such variance
shall be submitted in writing by the applicant at the time when the
preliminary plat is filed for consideration. The petitioner shall
state fully the grounds for the variance and all the facts to be relied
upon in reaching a decision.
(c)
Burden
of proof.
The applicant shall have the burden of proving
to the city council that the conditions supporting the allowance of
a variance or special exception, as may apply and are set out in this
section have been met.
(Ordinance 1133, § 1(2-200), 3-22-94)
A procedure is established in this section that allows the applicants
and property owners within the corporate limits of Euless an opportunity
to appeal and vary the zoning regulations provided herein. However,
all variances, exceptions and appeals to zoning issues must be obtained
in accordance with the procedures defined in this section.
(1)
Authority.
This subsection defines the bodies that have authority over
variations, changes, and adjustments to the zoning process of the
city. The state has defined and legislated definite regulations and
procedures regarding any variances to the adopted zoning ordinances
of the city. Variances to zoning, which include article III, article
IV, article V, article VI, article VII and article VIII of this unified
development control document, are decided in a different manner than
variances to the platting process. In fact the word “variance”
implies different implications in the zoning process than it does
in the platting process. The zoning board of adjustments, as described
in this article, has been authorized by state statutes to hear and
act on variances to the zoning ordinances of the city.
(2)
Burden
of proof.
The applicant shall have the burden of proving
to the board of adjustment that the conditions supporting the allowance
of a variance or special exceptions, as may apply and are set out
in this section, have been met.
(3)
Conditions.
The board or city council, as may apply, is empowered to impose
upon any variance or special exception any condition reasonably necessary
to protect the public interest and community welfare.
(4)
Creation
of zoning board of adjustment.
There is hereby created
a board of adjustment to hear and decide requests for variances, exceptions
and appeals to article III, article IV, article V, article VI, article
VII and article VIII of this unified development control document.
a.
Board
members.
The board shall consist of five regular members
and two alternate members who are residents of the city, each to be
appointed by order of the council for a term of two years and removable
for cause by the council upon written charges and after public hearing.
b.
Vacancies.
The city council shall appoint all members of the zoning board
of adjustment and shall fill vacancies for the unexpired term of any
member whose place becomes vacant for any cause in the same manner
as the original appointment was made.
c.
Quorum.
All cases to be heard by the board shall always be heard by
a minimum of four members. Alternate members may participate in the
discussion of any case before the board, however, shall not vote except
in the absence of one or more regular members. Should one regular
member be absent, then alternate one shall have right to vote. Should
one regular member and alternate one or two or more regular members
be absent, then alternate two shall have the right to vote.
d.
Required
vote.
The concurring vote of four members of the board
shall be necessary to reverse any order, requirement, decision or
determination of any administrative official, or to decide in favor
of the application on any zoning matter upon which it is required
to pass under this code or to effect any zoning variance in such code.
(5)
Procedures
of the board.
The board shall adopt rules to govern its
proceedings provided, however, that such rules are not inconsistent
with this chapter or state law.
a.
Called
meetings.
Meetings of the board shall be held at the
call of the chair and at such other times as the board may determine.
The chair, or in his or her absence, the acting chair, may administer
oath and compel the attendance of witnesses.
b.
Public
record.
All meetings of the board shall be open to the
public. 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 record of its examinations
and other official actions, all of which shall be immediately filed
in the office of the administrator and shall be of public record.
(6)
Appeal
procedures.
Appeals to the board may be taken by any
person aggrieved or by any officer, department, or board of the city
affected by any decision of the administrator.
a.
Filing
appeal.
Such appeal shall be taken within 15 days after
the decision has been rendered by the administrator, by filing with
the administrator from whom the appeal is taken and with the board,
a notice of appeal specifying the grounds thereof. The administrator
from whom the appeal is taken shall forthwith transmit to the board
all the papers constituting the records upon which the action appealed
from was taken.
(7)
Effect
of appeal.
The appeal stays all proceedings unless the
administrative officer whose decision has been appealed certifies
after notice of appeal that a stay would, in his opinion, cause imminent
peril to life or property. If this statement is filed, then the administrative
proceedings can be stayed only by a restraining order granted by the
board or by a court. Such a stay will require an application, notice
to the administrative officer, and showing of due cause.
(8)
Rehearing
of appeals.
Any person aggrieved, any officer, department,
or board of the city, who has made proper application and has received
action by the board regarding that application, may have that application
reheard again before the board. However, such rehearing shall be in
accordance with the following conditions:
a.
Time
limitation.
No appeal to the board for the same or related
variance or exception on the same piece of property shall be allowed
prior to the expiration of six months from the previous ruling of
the board unless conditions relative to other property in the immediate
vicinity, within the said six months period, have been changed or
acted on by the board or council so as to alter the facts and conditions
on which the previous board action was based.
b.
Change
of circumstance.
Such change of circumstances shall permit
the rehearing of an appeal by the board, prior to the expiration of
the six months period. However, such conditions shall in no way have
any force in law to compel the board, after a hearing to grant a subsequent
appeal. Such subsequent appeal shall be considered entirely on its
merits and the peculiar and specific conditions related to the property
on which the appeal is brought.
(9)
Hearing
procedures.
The board shall conduct a public hearing
so that any interested party may appear in person or by agent or by
attorney to voice opposition or support of any application.
a.
Building
permit or certificate of occupancy.
Any special exception
or variance granted or authorized by the board under the provisions
of this chapter shall authorize the issuance of a building permit
or a certificate of occupancy, as the case may be, for a period of
90 days from the date of the favorable action of the board, unless
said board shall have in its action approved a longer period of time
and has so shown such specific longer period of time in the minutes
of its action.
b.
Expiration
of building permit or certificate of occupancy.
If the
building permit and/or certificate of occupancy shall not have been
applied for within said 90-day period or such extended period as the
board may have specifically granted, then the special exception or
variance shall be deemed to have been waived and all rights thereunder
terminated. Such termination and waiver shall be without prejudice
to a subsequent appeal and such subsequent appeal shall be subject
to the same regulation and requirement for hearing as herein specified
for the original appeal.
(10)
Specific
powers of the board of adjustment.
The board of adjustment
shall have the following specific powers:
a.
Hear
and decide appeals.
The board shall hear and decide appeals
when it is alleged there is an error in any order, requirement, decision,
or determination made by an administrative official in the enforcement
of this chapter. The board must find the following in order to grant
an appeal:
1.
That
there is a reasonable difference of interpretation as to the specific
intent of the zoning regulations or zoning map;
2.
That
the resulting interpretation will not grant a special privilege to
one property inconsistent with other properties or uses similarly
situated;
3.
The
decision of the board must be such as will be in the best interest
of the community and consistent with the spirit and intent of the
city’s zoning laws.
b.
Hear
and decide special exceptions.
The board shall hear and
decide special exceptions to the terms of this chapter. The term “special
exception” shall mean a deviation from the requirements of the
zoning regulations herein established in this chapter. Special exceptions
shall be granted only in the following instances, and then only when
the board finds that such special exceptions will not adversely affect
the value and use of adjacent or neighboring property or be contrary
to the public interest:
1.
To
approve the use of a lot or lots in a single-family residential district
contiguous to (even if separated by a street or alley) a multifamily,
business, office or manufacturing district for off-street parking
of vehicles, subject to such standards and safeguards as are appropriate,
for the protection of adjacent residential uses;
2.
Require
the vacation and demolition of a nonconforming structure which is
deemed to be obsolete, dilapidated or substandard;
3.
Permit
the reconstruction of a nonconforming structure or building on the
lot or tract occupied by such building, provided such reconstruction
does not, in the judgment of the board, prevent the return of such
property to a conforming use or increase the nonconformity of a nonconforming
structure and provided that such actions conform to the provisions
of the chapter;
4.
Initiate
on its motion or cause presented by interested property owners action
to bring about discontinuance of a nonconforming use in accordance
with the appropriate provisions of the chapter;
5.
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 of all property to conform to the regulations of
the chapter;
6.
Permit
the enlargement of or change in occupancy of a nonconforming use to
another nonconforming use in accordance with the appropriate provisions
of the chapter.
c.
Authorize
variances.
The board may authorize, upon appeal in the
specific cases, variances from the terms of this chapter. Such variances
shall not be contrary to the public interest and shall be such that
substantial justice shall be done. Except as otherwise prohibited
in this document hereof, the board is empowered to authorize a variance
from a requirement of this document when the board finds that all
of the following conditions have been met:
1.
That
the granting of the variance will not be contrary to the public interest;
2.
That
literal enforcement of this chapter will result in unnecessary hardship
because of exceptional narrowness, shallowness, shape, topography
or other extraordinary or exceptional physical situation or physical
condition unique to the specific piece of property in question. “Unnecessary
hardship” shall mean physical hardship relating to the property
itself as distinguished from hardship relating to convenience, financial
considerations or caprice, and applicant or property owner’s
own actions;
3.
That
by granting the variance, the spirit of this chapter will be observed
and substantial justice will be done.
(11)
Revocation
or modification.
A variance or special exception may
be revoked or modified for any of the following reasons:
a.
1.
That
the variance or special exception was obtained or extended by fraud
or deception;
2.
That
one or more of the conditions imposed by the board in granting such
variance or special exception has not been complied with or has been
violated;
3.
That
the variance or special exception, although granted in accordance
with all requirements hereof, has caused a nuisance or is otherwise
detrimental to public health, safety and welfare.
b.
Revocation
or modification of previously granted variance or special exception.
An action to revoke or modify a previously granted variance
or special exception may be initiated by order of the city council,
the city manager, any member of the board, or the person who obtained
the variance or special exception.
c.
Hearing
of request.
The board shall hear a request for the revocation
or modification of a variance or special exception in accordance with
the same notification and hearing procedures established for original
variances and special exceptions.
(12)
Notice
of board hearings.
The board shall hold a public hearing on all appeals made to it. Written notice of such public hearing shall be sent to the applicant and all owners of real property, as the ownership appears on the approved city tax roll, lying within the city limits of the City of Euless and within 200 feet of the property, regardless of public rights-of-way and/or easements, on which the appeal is made (see Appendix A). Such notice shall be given not less than ten days prior to the date set for hearing. Such notice may be served by depositing the same properly addressed and postage paid in the United States Post Office. Notice shall also be given by publishing same in the official publication of the city at least ten days prior to the date set for hearing. Such notice shall state the time and place of such hearing.
(Ordinance 1133, § 1(2-300), 3-22-94)
The unified development control document may be amended by action
taken by the city council. The procedures for amending both the platting
and zoning regulations are provided in this section.
(1)
Amending
the platting and related public improvements regulations.
Amendments to the platting and related public improvement regulations
shall be subject to the standard rules, regulations and procedural
requirements for amending the city Code.
(2)
Amending
the zoning regulations.
Amendments to the zoning text
and map are defined very clearly by state law and differ from the
normal process of amendments to the city Code. The process and requirements
of zoning amendments are provided as follows:
a.
Procedures
for amendments.
Any person, corporation or group of persons
having a proprietary interest in any property, upon proof of such
interest, may petition the council for a change or amendment to the
relevant provisions of the unified development control document or
the commission may, on its own motion, institute proposals for change
and amendment in the public interest. All petitions for the amendment
of the zoning regulations of this document shall be on a form prepared
and provided by the city and shall bear the signature of the owners
of all property within the area of request.
b.
Commission
hearings for zoning changes that affect specific property.
These changes usually constitute changes to property boundaries as
designated on the zoning map. The commission shall hold a public hearing,
prior to making its recommendation to the council, on any application
for an amendment, supplement or change to the zoning map or text of
this chapter, which affects specific property. Written notice of all
public hearings for a district boundary change shall be sent to all
owners of real property lying within the city limits of Euless and
within a radius of 200 feet of the property (including any public
rights-of-way) on which the change is requested.
Such notice shall be given not less than ten days prior to the
date set for the hearing by depositing a notice properly addressed
and postage paid in the United States Post Office to such property
owners as the ownership appears on the last approved city tax roll.
c.
Commission
hearings for zoning changes that do not affect specific property.
These changes are usually associated with textual changes. When
any proposed amendment, supplement, or change of zoning map or text
of this chapter does not affect specific property, notice of public
hearing of the planning and zoning commission shall be given by publication
in a newspaper of general circulation in the city without the necessity
of notifying property owners by mail. Such notice shall state the
time and place of such hearing and the nature of the subject to be
considered. Such notice shall be published not less than ten days
prior to the public hearing.
d.
Filing
and fees.
Each and every application for an amendment
as provided in this section shall be filed with the administrator
prior to being presented to council, and shall be accompanied by a
filing fee in an amount as shall from time to time be set by the council,
and payable to the city.
e.
City
initiated changes.
The city council may, from time to
time, amend, supplement or change by ordinance the boundaries of the
districts or the text of the regulations herein. Before taking action
on any such amendment, supplement or change, the council shall submit
same to the commission for its recommendation.
f.
Council
hearings.
A public hearing shall be held by the council
prior to adopting any proposed amendment, supplement or change to
these regulations. At least 15 days notice of the time and place of
such hearing shall be published in a newspaper of general circulation
within the city.
g.
Amendment
under protest.
If a proposed amendment, supplement or
change to a zoning district boundary has been recommended to be denied
by the commission, or if a written protest against such proposed changes
has been filed with the city, duly signed and acknowledged by the
owners of 20 percent or more of either the area included within such
proposed change or the area within the city limits of Euless and within
a radius of 200 feet of the proposed change, including public rights-of-way,
such change shall not become effective except by a three-fourths vote
of the city council.
h.
Standards
for amendments.
In reviewing applications for district
amendments, the commission and council shall consider the following
factors:
1.
Whether
the proposed change would be contrary to the comprehensive general
future land use plan;
2.
The
suitability or unsuitability of the property as presently zoned and/or
developed;
3.
The
possible creation of an isolated district unrelated to adjacent and
nearby districts;
4.
The
population density pattern and possible increase or overtaxing of
the load on public facilities such as schools, utilities, or streets;
5.
Whether
existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change;
6.
Whether
changed or changing conditions make the passage of the proposed amendment
necessary;
7.
Whether
the proposed change will adversely influence living conditions in
the neighborhood;
8.
Whether
the proposed change will create or excessively increase traffic congestion
or otherwise affect public safety;
9.
Whether
the proposed change will create a drainage problem;
10.
Whether the proposed change will seriously reduce light and air to
adjacent areas;
11.
Whether the proposed change will adversely affect property values
in adjacent areas;
12.
Whether the proposed change will be a deterrent to the improvement
or development of adjacent property in accordance with existing regulations;
13.
Whether the proposed change will constitute a grant of special privilege
to an individual owner as contrasted with the public welfare;
14.
Whether there are substantial reasons why the property cannot be
used in accord with zoning; and
15.
Whether the change suggested is out of scale with the needs of the
neighborhood or the community.
(Ordinance 1133, § 1(2-400), 3-22-94)
