(a) 
Generally.
Land development applications within the Downtown (DT) zoning district require a certificate of appropriateness to ensure that all new development on the exterior of all buildings and structures within the district is compatible with the requirements set out in section 14.05.007, Historic Standards for Downtown District.
(b) 
Submittal requirements.
The applicant shall submit an electronic copy in PDF format which can be easily printed clearly showing all detailed plans, elevations, perspectives, specifications and other documents to the administrator for work on the exterior of a building within the DT zoning district regardless of whether or not a building permit is required.
(c) 
Public hearing.
(1) 
Next available regular meeting.
The planning and zoning commission shall hold a public hearing on the application at its next available regular meeting.
(2) 
Approval criteria.
If the commission finds the proposed work of a nature which will not adversely affect any significant architectural or historical feature of the designated DT district, and is appropriate and consistent with the spirit and purposes of this section, it shall forward its recommendations to the applicant and to the administrator within five days after the public hearing.
(3) 
Disapproval criteria.
If the commission finds that the proposed work will adversely affect or destroy any significant architectural or historical feature within the DT district or is inappropriate or inconsistent with the spirit and purposes of this section the administrator shall, within five days of the public hearing, notify the applicant of the disapproval and of changes in the application which are necessary for future approval.
(4) 
Failure to act.
If no action has been taken by the planning and zoning commission within 30 days of original receipt by the commission, approval shall be deemed issued by the commission, and the administrator shall so advise the applicant.
(5) 
Notification requirements.
See section 14.11.006, Public Notice.
(d) 
Resubmittal.
After a decision is reached by the planning and zoning commission denying an application for a certificate of appropriateness, a resubmittal of application will not be accepted for additional hearing within 12 months from the date of final decision, except upon written request by the applicant indicating that there has been a change in conditions or that all changes in the application as recommended by the commission have been made.
(Ordinance 19-3690 adopted 4/23/19)
(a) 
Generally.
A certificate of demolition or removal is required prior to the commencement of removal or demolition of any building or structure:
(1) 
Located within the Downtown (DT) zoning district; or
(2) 
Designated by either the state or federal government as a historic building or landmark and located within the municipal boundary of the city.
(b) 
Public hearing.
The commission shall hold a public hearing on the application at its next available regular meeting.
(c) 
Decision criteria.
In determining whether to grant or deny a request for a certificate of demolition or removal, the commission shall consider:
(1) 
The state of repair of the building;
(2) 
The reasonableness of the cost of restoration or repair;
(3) 
The existing and/or potential usefulness, including economic usefulness of the building;
(4) 
The purposes behind preserving the structure as a historic landmark;
(5) 
The character of the neighborhood; and
(6) 
All other factors the commission deems it finds appropriate.
(d) 
Disapproval procedure.
If the commission determines that, in the interest of preserving historical values, the structure should not be demolished or removed, it shall notify the administrator that the application has been disapproved; and the administrator shall notify the applicant in writing of the commission’s decision.
(e) 
Failure to act.
If no action has been taken by the planning and zoning commission within 60 days of original receipt by the commission of the application, a certificate of demolition or removal shall be deemed issued by the commission; and the administrator shall notify the applicant in writing.
(f) 
Resubmittal requirements.
After a decision is reached by the planning and zoning commission denying an application for a certificate of demolition or removal, the resubmittal of an application for such a certificate will not be accepted for additional hearing within a 12-month period from the date of final decision.
(g) 
Appeals.
Any applicant aggrieved by a ruling of the commission under the provisions of this section may, within 60 days after the ruling of the planning and zoning commission, appeal to the city council. Following an appropriate public hearing within at least 30 days of the filing of a notice of appeal with the city clerk, the city council may uphold or overturn the ruling of the commission by a simple majority vote.
(Ordinance 19-3690 adopted 4/23/19)
(a) 
Purpose.
Amendments to the comprehensive plan are for the general purpose of guiding coordinated development of the city and its needs, and public health and safety.
(b) 
Comprehensive plan amendments.
Comprehensive plan amendments may be requested to amend to a map or written text.
(c) 
Criteria for review of plan amendments.
The following criteria shall be used to determine if an amendment should be approved.
(1) 
Amendment to a plan map.
Sufficient evidence has been provided that the plan map amendment meets the following criteria:
(A) 
The proposed amendment is compatible with existing or planned land uses on adjacent properties;
(B) 
Adequate public utilities, facilities, and services are available or may be extended in an efficient manner; and
(C) 
The amendment is either:
(i) 
Warranted by changing conditions;
(ii) 
To correct an error;
(iii) 
To provide for the changes because of annexation; or
(iv) 
To address an unforeseen circumstance.
(2) 
Amendment to the plan text.
Sufficient evidence is provided showing that the text amendment will:
(A) 
Advance the goals, objectives, and policies of the comprehensive plan;
(B) 
Address a legitimate public need; or
(C) 
Is warranted by changing community conditions.
(d) 
Amendment procedures.
(1) 
Initiation of amendment.
The commission, council, or city staff may initiate a study or propose amendments. Additionally, any person having a proprietary interest in property may make an application for an amendment.
(2) 
Application.
A comprehensive plan amendment, if filed by any person having a proprietary interest in any property, shall include an application that clearly states the requested amendment along with a summary of the applicant’s argument for why the amendment should be approved.
(3) 
Notice of public hearings.
The city shall publish notice as set out in section 14.11.006, Public Notice.
(e) 
Planning and zoning commission action.
(1) 
The commission shall hold a public hearing prior to taking action on the proposed amendment to the comprehensive plan;
(2) 
The proposed amendment shall be reviewed subject to the criteria set out in subsection (c), Criteria for Review of Plan Amendments, above;
(3) 
The commission shall make a written recommendation regarding a proposed amendment to the city council;
(4) 
An affirmative vote of two-thirds of the entire voting membership of the commission is required to advance the proposed amendment to the city council; and
(5) 
In the event of an unfavorable recommendation, the commission shall adopt findings of fact as the basis for that decision.
(f) 
Action by the city council.
The council, upon receiving the written recommendation of the commission, shall determine whether to approve or denial the application using the procedures and criteria as set out in subsection (c), Criteria for Review of Plan Amendments, and subsection (d), Amendment Procedures.
(g) 
Notification requirements.
See section 14.11.006, Public Notice.
(Ordinance 19-3690 adopted 4/23/19)
(a) 
Applicability.
A special use permit is required to:
(1) 
Grant identified land uses in specific zoning districts to ensure that the use will be compatible with surrounding land uses and appropriate at the proposed locations as set out in section 2.02.03 [section 14.03.003], Residential Uses and Commercial Uses of the Home, and section 2.02.04 [section 14.03.004], Nonresidential Uses; or
(2) 
Convert a nonconforming land use to become conforming per section 14.09.007, Mitigation of Nonconforming Uses.
(b) 
Pre-application conference.
Prior to filing a special use permit, applicants shall schedule a pre-application conference, as set out in section 14.11.002, Pre-Application Conference.
(c) 
Submittal requirements.
The applicant shall submit the following minimum information in order to apply for a special use permit:
(1) 
Completed application and the application fee;
(2) 
The street address, location, legal description of the property affected, or a certified boundary survey, plat, or site development plan of land area subject to the special use permit;
(3) 
A statement explaining the rationale for the special use permit relative to the approval criteria of section 14.04.003, Special Use Standards, and if applicable, section 14.09.007, Mitigation of Nonconforming Uses; and
(4) 
Any plans, operating data, and expert evaluation to explain the proposed use and to demonstrate why the special use permit, if granted, would be compatible with surrounding development.
(d) 
Staff review process.
The development administrator shall formulate a staff report and recommendation based on the applicable standards of either section 14.04.003, Special Use Standards, or section 14.09.007, Mitigation of Nonconforming Uses.
(e) 
Review by the planning and zoning commission.
(1) 
Upon conducting a public hearing, the commission shall consider and review the staff recommendation and will formulate a recommendation for city council consideration.
(2) 
The commission may establish conditions of operation, location, arrangement, or other aspects of the land use deemed to be in the public interest and/or to assure compatibility with surrounding development.
(3) 
If the commission recommends denial, the commission shall adopt findings of fact citing specific approval criteria that were not satisfied.
(f) 
Records.
The city shall maintain a file containing all documents relevant to the application and disposition of special use permit applications.
(g) 
Notification requirements.
See section 14.11.006, Public Notice.
(Ordinance 19-3690 adopted 4/23/19)
(a) 
Generally.
Requests for amendments to the text of this chapter may be initiated by the request of the planning and zoning commission, city council, or city manager to amend, supplement, change, modify, or repeal any portion of this chapter that is not expressly required by Texas or federal law.
(b) 
Processing of application and decision.
(1) 
Notice of public hearings.
The city shall comply with all notice requirements set out in section 14.11.006, Public Notice.
(2) 
Planning and zoning commission recommendation.
(A) 
The planning and zoning commission shall hold a public hearing prior to taking action on the proposed text amendment; and
(B) 
The commission shall make a recommendation regarding the proposed amendment to the city council.
(c) 
Decision by city council.
The city council shall:
(1) 
Receive the written recommendation of the commission and staff regarding the proposed amendment.
(2) 
Hold a public hearing prior to taking action on the proposed amendment.
(3) 
By majority vote, approve or deny the amendment, or continue the item to a future meeting.
(d) 
Criteria for approval.
The following criteria should be considered by the commission and council. The proposed amendment:
(1) 
Promotes the health, safety, and general welfare of the city;
(2) 
Is consistent with other regulations within the city’s Code of Ordinances; and
(3) 
Is consistent with the policies of the most recent comprehensive plan for the city.
(e) 
Non-substantive amendments.
Notwithstanding the other provisions of this section, the city council may, by resolution:
(1) 
Correct spelling or punctuation errors:
(2) 
Cross-reference modifications (because another area of city code has been moved or amended);
(3) 
Cross-reference errors; and
(4) 
Other matters herein determined by the city attorney to be non-substantive without being required by law to comply any public notice requirement per either state law or section 14.11.006, Public Notice.
(f) 
Nonconformities and retroactive cure of violations.
(1) 
The amendment of the text of this chapter may transform a legally nonconforming situation into a conforming one.
(2) 
No petition for a text amendment shall be used expressly to cure, or to create, a violation of any part of this chapter.
(g) 
Notification requirements.
See section 14.11.006, Public Notice.
(Ordinance 19-3690 adopted 4/23/19)
(a) 
Application.
(1) 
Applicant information.
Amendment(s) may be initiated by the city council or the planning and zoning commission or by an application of one or more owners of property affected by the proposed amendment(s).
(2) 
Pre-application conference.
Prior to filing an application, applicants shall schedule a pre-application conference, as set out in section 14.11.002.
(3) 
Submittal requirements.
(A) 
A completed application form which describes the requested zoning map amendment and the rationale for the request;
(B) 
Complete application fee;
(C) 
The legal description and survey plat of the subject property; and
(D) 
Any data requested by either the city council or the planning and zoning commission necessary to demonstrate that the proposed zoning map amendment is in general conformance with the most recently adopted version of the city’s comprehensive plan.
(b) 
Staff review process.
The administrator shall:
(1) 
Ensure the application is complete, as set out in section 14.11.004, Application Completeness Review; and
(2) 
In review of the application shall utilize the approval criteria listed in subsection (c), below, to create a staff report to be presented to the planning and zoning commission.
(c) 
General rezoning approval criteria.
The city staff, the planning and zoning commission, and the city council shall use the following criteria when determining whether to approve or deny a zoning map amendment (rezoning) request:
(1) 
The character of the surrounding area is transitioning or being affected by other factors, such as traffic, a new school, adjoining uses, or environmental issues;
(2) 
The rezoning is necessary to allow a land use not anticipated by either this chapter or the comprehensive plan;
(3) 
The rezoning is consistent with the most recent future land use map adopted by the city council;
(4) 
There will be benefits derived by the community and in the area where the amendment is proposed; and
(5) 
The amendment, if approved, would be compatible with the surrounding area and would not constitute “spot zoning.”
(d) 
Requirements for rezoning to manufactured housing (MH).
Any applicant who wishes to rezone property to the MH district must not be located:
(1) 
Adjacent to any Suburban Residential (SR) or Mixed Residential (MR) zoning district; or
(2) 
On a local street as per appendix A, Thoroughfare Map, of chapter 10, Subdivision Regulations.
(e) 
Requirements for rezoning from Suburban Residential (SR) to Neighborhood Commercial (NC).
Any applicant who wishes to rezone their property from Suburban Residential (SR) to Neighborhood Commercial (NC) shall meet the following requirements:
(1) 
The parcel proposed for rezoning must be on corner lot with one of the fronting streets being classified as a collector or above as per appendix A, Thoroughfare Map, of chapter 10, Subdivision Regulations;
(2) 
Existing infrastructure including parking, loading, lighting, and adequate site access exist to accommodate any and all of the permitted, limited, or temporary uses allowed in the NC zoning district per table 14.03.004, Nonresidential Uses;
(3) 
The proposed parcel of property is on the eastern side of I-27; and
(4) 
The proposed parcel of property must be consistent with the NC district requirements within article 14.05, Lot, Density, Design, and Historic Standards.
(5) 
All requirements of article 14.07, Landscaping and Buffering, shall be met.
(f) 
Submittal of plan and agreement to create a new planned development (PD).
An application to rezone a property must be accompanied with specific plans for the parcel of property that:
(1) 
Meet the requirements of section 14.02.006, Planned Development District Regulations; and
(2) 
Approval of said plans by the planning and zoning commission must be done so either concurrently or prior to approval of the rezoning application.
(g) 
Planning and zoning commission action.
(1) 
The planning and zoning commission shall hold a public hearing prior to taking action on the proposed text amendment; and
(2) 
The commission shall make a recommendation regarding the proposed amendment to the city council.
(h) 
City council action.
(1) 
When planning commission has recommended approval.
If the planning and zoning commission has recommended to the city council that a proposed amendment be either approved or disapproved, the city council may approve or disapprove by a simple majority vote of the city council members present and voting.
(2) 
When official petition submitted.
In the case of an official petition against a proposed text amendment to this chapter signed by 20% or more of the property owners whom are either directly included within the area of the proposed change or within an area extending (200) feet from the area directly affected, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the city council.
(i) 
Notification requirements.
See section 14.11.006, Public Notice.
(Ordinance 19-3690 adopted 4/23/19)
(a) 
Generally.
A special exception to build a carport that does not meet the setback requirements of this chapter may be authorized by the zoning board of adjustment (ZBA) in accordance with the requirements and procedures of section 14.10.006, Zoning Board of Adjustment.
(b) 
Applicability.
A special exception may only be considered for approval of a setback requirement that is not met via section 14.05.002, Standards for Rural and Residential Development; section 14.05.003 [section 14.05.006], Standards for Accessory Buildings and Structures; and section 14.05.004, Special Setback and Lot Standards.
(c) 
Standard for approval of special exception.
The ZBA may grant a special exception to build a carport provided that the requirements of section 14.05.006(b)(2), Special Exception Approval Requirements, have been met.
(Ordinance 19-3690 adopted 4/23/19)
(a) 
Generally.
Variances to the requirements of selected provisions of this chapter may be authorized by the ZBA in accordance with the requirements and procedures of section 14.10.006, Zoning Board of Adjustment.
(b) 
Applicability.
Variances may only be considered for approval for provisions relating to the following articles and/or sections of this chapter:
(1) 
Section 14.05.002, Standards for Residential Development;
(2) 
Section 14.05.003, Standards for Nonresidential and Mixed Use Development;
(3) 
Section 14.05.006, Standards for Accessory Standards [Standards for Accessory Buildings and Structures];
(4) 
Article 14.06, Parking and Loading;
(5) 
Article 14.07, Landscaping and Buffering; and
(6) 
Article 14.08, Signs.
(c) 
Unnecessary hardship standard.
When an applicant can show that a provision of these regulations would cause unnecessary hardship if strictly adhered to and where, because of some physical condition peculiar to the land, the ZBA may authorize a variance. The unnecessary hardship may not be of a financial nature.
(d) 
Procedural requirements.
(1) 
Any variance authorized is required to be entered in writing into the minutes of the ZBA meeting specifically stating the reason(s) for which the variance was approved.
(2) 
Four affirmative votes of the five-person ZBA is required to approve the request.
(e) 
Notification requirements.
See section 14.11.006, Public Notice.
(Ordinance 19-3690 adopted 4/23/19)
(a) 
Generally.
(1) 
Purpose.
The purpose of the appeals process is to provide an opportunity for affected parties to seek review of a decision of a responsible official or the planning and zoning commission in a timely and inexpensive way.
(2) 
Administrator decisions.
All decisions of the administrator pertaining to this chapter may be appealed to the zoning board of adjustment (ZBA).
(3) 
Planning and zoning commission decisions.
All decisions of the planning and zoning commission pertaining to this chapter may be appealed to the city council.
(4) 
Zoning board of adjustment decisions.
All decisions of the ZBA pertaining to this chapter may be appealed to a court of competent jurisdiction.
(5) 
City council decisions.
All decisions of the city council pertaining to this chapter may be appealed to a court of competent jurisdiction.
(b) 
Deadline to appeal.
All appeals must be fully completed and submitted to the city 30 days after an official decision by any city official, committee, or governing body.
(c) 
Eligibility to appeal.
Appeals may be taken to the ZBA by:
(1) 
Any person aggrieved whom resides in the city and can show that they were harmed by the board’s decision; or
(2) 
Any applicant who has applied to the city for a permit or approval via this chapter.
(3) 
Such appeal shall be made by filing the appropriate form and delivering it via mail or in person to the department of community services. All of the grounds for the appeal shall be stated in the application.
(d) 
Stay of proceedings.
An appeal shall stay all proceedings in furtherance of the action appealed from unless the administrator certifies to the ZBA that a stay would cause imminent peril to life or property.
(e) 
Notice of hearing.
The board shall fix a reasonable time for the appellate hearing 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 at issue. Depositing of such written notice in the mail shall be deemed sufficient compliance.
(f) 
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 determination as in its opinion ought to be made.
(Ordinance 19-3690 adopted 4/23/19)