(a) 
Creation and purpose.
(1) 
The planning and zoning commission as heretofore duly created by ordinance and now performing its authorized duties in accordance with chapter 211, Local Government Code, is hereby perpetuated.
(2) 
The planning and zoning commission is charged with identifying community needs and preparing goals to achieve long-range planning and development of the city.
(3) 
The planning and zoning commission will recommend plans, programs and policies to the city council that will aid the entire community in achieving long-range planning and development of the city.
(4) 
The planning and zoning commission will educate the public on the plans, programs and policies adopted by the city council so that private activities can be conducted in harmony with these plans, programs and policies.
(b) 
Membership, appointment and organization.
(1) 
The planning and zoning commission shall be composed of five (5) qualified members plus two (2) alternate members. The city council shall consider members who shall constitute a commission that is broadly representative of the community.
(2) 
All commission members shall be appointed by the city council for a two (2) year term. Appointments shall be staggered so that only one-half of the commission is appointed each year. City council appointments shall be made at the first regular city council meeting in June with terms starting on July 1 and ending on June 30.
(3) 
Vacancies for unexpired terms shall be made in the same manner as regular appointments. Appointments to vacancies shall serve for the remainder of the unexpired term.
(4) 
The commission shall select a chairman and vice-chairman from among its members at its first meeting in July.
(c) 
Meetings and quorum.
(1) 
The commission shall meet when required or at other times as the commission shall so decide. Commission members are expected to regularly attend meetings. Members who miss three consecutive meetings without commission approval may be deemed to have vacated commission membership. The city council, upon receiving verification of such absences from the commission, may fill the vacancy for the unexpired term. Members, who miss six or more absences during their appointment, either excused or unexcused, may be deemed as grounds for removal from the commission.
(2) 
Staff shall maintain minutes of all meetings and shall enter into the minutes attendance of all members, whether present or absent.
(3) 
A quorum for the purpose of conducting business shall consist of three (3) members.
(4) 
All meetings shall be conducted in accordance with the Texas Open Meetings Act and chapter 211, Texas Local Government Code.
(d) 
Duties and powers.
(1) 
The commission shall procure information and make recommendations to the city council on the creation or modification of zoning districts in accordance with state law and said ordinance [the zoning ordinance], and following due process.
(2) 
The commission shall serve as a recommending body to the city council regarding the approval or disapproval of all preliminary, revised preliminary and final plats of land. The city council shall be the final authority for the approval or disapproval of all plats of land.
(3) 
The commission shall discharge all other functions devolving upon city planning and zoning commissions by law or this article, and shall investigate, study, and submit reports and recommendations to the city council on all such matters as it or the city council shall deem appropriate and which have any relation to municipal planning or zoning.
(4) 
The commission shall provide information to the planning department as needed regarding the format for the various application forms, procedures and lead times for the steps in zoning changes and plat approvals, and the needs for recordkeeping, calling of public hearings, notification to affected property owners, and publishing of public notices.
(5) 
Upon request of the applicant if the project completion date will exceed the 6-month permit period, and with permit period beginning the date of the final decision, the planning and zoning commission shall determine, and make recommendation to the council, a timeline within which a requested zoning change project must be completed from the date of the final decision. The council shall set the completion timeline upon approval of a requested zoning change project and, providing a reasonable situation creates the need for extension, may give authority to the city manager to extend the timeline once for a period not to exceed 6 months, or an extension period as otherwise designated at the time of the final decision. The city manager has the authority to require the request be submitted to the council for any reason.
(Ordinance O-02-2020, sec. 17-100, adopted 3/23/2020; 1997 Code, sec. 154.155; Ordinance O-06-2022 adopted 8/8/2022)
(a) 
Creation and purpose.
The board of zoning adjustment as heretofore duly created by ordinance and now performing its authorized duties in accordance with chapter 211, Local Government Code, is hereby perpetuated.
(b) 
Membership, appointment and organization.
(1) 
The board of zoning adjustment shall be composed of five (5) qualified members plus two (2) alternate members. The city council shall consider members who shall constitute a board that is broadly representative of the community.
(2) 
All board members shall be appointed by the city council for a two (2) year term. Appointments shall be staggered so that only one-half of the board is appointed each year. City council appointments shall be made at the first regular city council meeting in June with terms starting on July 1 and ending on June 30.
(3) 
Vacancies for unexpired terms shall be made in the same manner as regular appointments. Appointments to vacancies shall serve for the remainder of the unexpired term.
(4) 
The board shall select a chairman and vice-chairman from among its members at its first meeting in July.
(c) 
Meetings and quorum.
(1) 
The board shall meet as required or at other times as the board shall so decide. Board members are expected to regularly attend meetings. Members who miss three consecutive meetings without board approval may be deemed to have vacated board membership. The city council, upon receiving verification of such absences from the board, may fill the vacancy for the unexpired term. Members, who miss six or more absences during their appointment, either excused or unexcused, may be deemed as grounds for removal from the board.
(2) 
Staff shall maintain minutes of all meetings and shall enter into the minutes attendance of all members, whether present or absent.
(3) 
Each case before the board of adjustment must be heard by at least 75 percent of the members. Therefore a quorum for the purpose of conducting business shall consist of four (4) members.
(d) 
A three-quarters vote is required to:
(1) 
Reverse an order, requirement, decision or determination of an administrative official;
(2) 
Authorize a variance from the terms of a zoning ordinance; or
(3) 
Decide in favor of an applicant on a matter on which the board is required to rule under a zoning ordinance. All other votes of the board may be by a simple majority.
(4) 
All meetings shall be conducted in accordance with the Texas Open Meetings Act and chapter 211, Texas Local Government Code.
(e) 
Duties and authority.
(1) 
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this article. The board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the board has the same authority as the administrative official.
(2) 
To hear and decide special exceptions to the terms of the ordinance as described in section 9.03.454.
(3) 
To authorize upon appeal in specific cases such variances from the terms of the zoning ordinance as described in section 9.03.454.
(4) 
Appeals to the board of zoning adjustment.
Appeals to the board can be made by any person aggrieved or by any officer, board or department of the municipality affected by any decision of the administrative officer. Such appeal shall be filed within twenty (20) days after the administrative officer has rendered the decision by filing a notice of appeal specifying the grounds for such appeal. The appeal shall be filed with the city secretary, who shall in turn transmit to the board all documents constituting the records of the case or action in question including the notice of appeal. The appeal hearing shall be held no later than sixty (60) days after the date the appeal is filed.
(f) 
Completion timeline.
Upon request of the applicant if the project completion date will exceed the 6-month permit period, and with permit period beginning the date of the decision, the board of zoning adjustments shall stipulate a timeline within which the project must be completed. Should a reasonable situation create the need for extension, the city manager shall have the authority to extend the timeline once for a period not to exceed 6 months. The city manager has the authority to require the request be submitted to the board for any reason.
(g) 
Judicial review of board decision.
(1) 
Any of the following persons may present to a district court, county court, or county court at law a verified petition stating that the decision of the board of adjustment is illegal in whole or in part and specifying the grounds of the illegality:
(A) 
A person aggrieved by a decision of the board;
(B) 
A taxpayer; or
(C) 
An officer, department, board or bureau of the municipality.
(2) 
The petition must be presented within 10 days after the date the decision is filed in the board's office.
(3) 
Procedures for the judicial review shall process pursuant to Local Government Code section 211.011.
(Ordinance O-02-2020, sec. 17-200, adopted 3/23/2020; 1997 Code, sec. 154.156; Ordinance O-06-2022 adopted 8/8/2022)
It is declared to be the general policy of the city, unless otherwise expressly provided by this article, that, its municipal planning and zoning functions and responsibilities are distributed and assigned as follows:
(1) 
City staff:
Administration, engineering, and enforcement.
(2) 
Planning and zoning commission:
Study and recommendation on policy of city planning and on zoning matters, and plat approval.
(3) 
Board of zoning adjustment:
Appeals and reviews.
(Ordinance O-02-2020, sec. 17-300, adopted 3/23/2020; 1997 Code, sec. 154.157)
(a) 
Amendments to zoning ordinance.
(1) 
The city council may from time to time amend this article, including modification of the boundaries of the zoning districts.
(2) 
Any such proposed amendment or modification must be submitted to the planning and zoning commission for public hearing, recommendation and report, before the same is acted on by the city council. The commission may undertake any such study and public hearing on its own motion, or on a request from the city council, from any citizen, or from any party having a proprietary interest in any affected property.
(3) 
The commission shall hold a public hearing on any proposed amendment. Not less than eleven (11) days prior to the scheduled hearing, each property owner, as shown on the latest approved city tax roll, who owns real property lying within two hundred (200) feet of the property on which the change is requested shall be sent notice of such meeting by ordinary mail, postage prepaid, in a manner consistent with state law.
(4) 
A public hearing on any proposed amendment shall be considered by the city council before its adoption. Not less than sixteen (16) days prior to the scheduled hearing, a published notice of the public hearing shall be given, by publication thereof in one issue of the official publication of the city, in a manner consistent with state law.
(b) 
Conditional use permit "CUP".
(1) 
All zoning uses that require a conditional use permit shall be treated in the same manner as a zoning amendment.
(2) 
All conditional use permit applications require a site plan filed by the applicant that identifies the location of all proposed activities, improvements and other information required by staff and outlined in the conditional use permit application.
(c) 
Variances.
Under this section the board of zoning adjustments may consider the following as grounds to determine whether compliance with the ordinance as applied to a structure that is the subject of the appeal would result in unnecessary hardship:
(1) 
The board of zoning adjustment may grant hardship variances from the terms of the zoning ordinance only when unusual conditions exist that make the literal enforcement of the zoning ordinance unjust and will result in unnecessary hardship, and if the variance is not contrary to the public interest, ensuring that the spirit of this article shall be observed and substantial justice done.
(A) 
The financial cost of compliance is greater than 50 percent (50%) of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the municipality;
(B) 
Compliance would result in a loss to the lot on which the structure is located of at least 25 percent (25%) of the area on which development may physically occur;
(C) 
Compliance would result in the structure not being in compliance with a requirement of a municipal ordinance, building code, or other requirement;
(D) 
Compliance would result in the unreasonable encroachment on an adjacent property or easement; or
(E) 
The municipality considers the structure to be a nonconforming structure.
(2) 
The following conditions must be met before staff may place a variance on the agenda for consideration by the board of zoning adjustment.
(A) 
The hardship may not be self-imposed. (Failure of the applicant to obtain necessary zoning, building permits, certificate of occupancy or other required actions by the applicant does not constitute a hardship.)
(B) 
The hardship must be unique to the property.
(C) 
The hardship is not just financial in nature. (The financial impacts of the zoning ordinance are not justification for a variance.)
(3) 
The board shall hold a public hearing on any proposed variance. Not less than eleven (11) days prior to the scheduled hearing, each property owner, as shown on the latest approved city tax roll, who owns real property lying within two hundred (200) feet of the property on which the change is requested shall be sent notice of such meeting by ordinary mail, postage prepaid, in a manner consistent with state law.
(4) 
A public hearing notice also shall be published in the official publication of the city not less than 16 days prior to the hearing. A meeting agenda also will be posted no less than 72 hours prior to the meeting at which the variance shall be considered in accordance with the Texas Open Meetings Act.
(d) 
Special exceptions.
(1) 
The board of zoning adjustment may grant special exceptions from the terms of the zoning ordinance only when specifically authorized by this article and approved by the board of zoning adjustment.
(2) 
The board of zoning adjustment shall not approve a special exception unless it has determined the requested exception at least meets the following conditions:
(A) 
The special exception is specifically authorized by this article.
(B) 
The exception will be wholly compatible with the use and permitted development of adjacent properties either as filed or subject to such requirements as the board may find necessary to protect and maintain the stability of adjacent properties.
(3) 
The board shall hold a public hearing on any proposed special exception. A public hearing notice shall be published in the official publication of the city not less than 16 days prior to the hearing. A meeting agenda also will be posted no less than 72 hours prior to the meeting at which the variance shall be considered in accordance with the Texas Open Meetings Act.
(4) 
Authorized special exceptions.
The board of zoning adjustments may only consider exceptions to the following regulations.
(A) 
Off-street parking regulations;
(B) 
Signage regulations;
(C) 
Landscaping regulations;
(D) 
Commercial antennae and antenna structures;
(E) 
Nonconforming use regulations:
(i) 
Expansion of an existing building;
(ii) 
Replacement of a destroyed building;
(iii) 
Reoccupancy of an abandoned nonconforming use; and
(iv) 
Amortization to eliminate a nonconforming use;
(F) 
Fencing regulations;
(G) 
Accessory building masonry requirements.
(e) 
Temporary uses.
(1) 
Purpose.
Certain temporary uses of land are essential to the full development and utilization of the land for its lawful purpose. The temporary uses hereinafter enumerated shall not be deemed violations of this article when made under the conditions herein provided.
(2) 
Permitted temporary uses.
(A) 
The permissible temporary uses, the conditions of use and the zoning districts wherein the same shall be permitted and approvals required are:
(B) 
Construction office -all districts.
Temporary field or construction offices and temporary building material storage areas to be used solely for construction purposes in connection with the property on which they are erected may be permitted for specific periods of time, not to exceed one (1) year, when approved by the city manager. The board of zoning adjustment may grant extensions if so requested by the developer or construction company. All such temporary uses may be discontinued by the order of the city manager. In no event shall such temporary uses continue to exist on the premises after the construction for which they were erected is completed.
(C) 
Real estate sales office -all single-family residential districts.
Temporary field real estate sales offices may be permitted in single-family residential subdivisions for specific periods of time, not to exceed one (1) year, when approved by the city manager. The board of zoning adjustment may grant extensions if so requested by the developer or real estate sales company. Such temporary uses may be located in a "model home" or a portable building within the subdivision, but may be discontinued by the order of the city manager. In no event shall such temporary uses continue to exist after the subdivision or the increment of same in which the use is located shall have been substantially developed. Real estate sales offices shall not be used as a temporary or permanent residence.
(D) 
Temporary storage containers for construction sites.
Temporary storage containers are to be used solely for construction purposes in connection with the property at which they are erected and may be permitted for specific periods of time, not to exceed 6 months, when approved by the city manager. The board of zoning adjustment may grant extensions if so requested by the owner, developer, or construction company. All such temporary uses may be discontinued by the order of the city manager. In no event shall such temporary uses continue to exist on the premises after the construction for which they were erected is completed.
(E) 
Carnival or amusement rides.
(i) 
The board of zoning adjustment, upon the issuance of a permit as a special exception for temporary carnival or amusement rides, may stipulate that such permit shall be effective for an indefinite term. Thereafter, the holder of such permit may periodically engage in such use with the approval of the city manager without further board action, provided:
(ii) 
The city manager shall be given not less than ten (10) days' notice of any proposed operations under the permit;
(iii) 
Such operations shall not be conducted for more than eight (8) consecutive days at a time;
(iv) 
Such use shall not be engaged in more than twice in a twelve (12) month period;
(v) 
Such use shall conform to all the terms of the board permit, including location, hours of operation, and the number and type of rides and concessions; and
(vi) 
The board may terminate the permit at any time.
(Ordinance O-02-2020, secs. 18-100–18-500, adopted 3/23/2020; 1997 Code, sec. 154.158; Ordinance O-06-2022 adopted 8/8/2022)
(a) 
Platting.
(1) 
Subdivisions of any land within the city or its extraterritorial jurisdiction (ETJ) shall not be approved until a plat thereof has been prepared and certified by a surveyor or qualified engineer licensed by the state. The plat shall include all requirements of the city subdivision ordinance and any required provisions of this article. All subdivision plats shall be referred to the planning and zoning commission for review and recommendations before final action thereon by the city council. All such plats are required to be filed for record in the office of the county clerk after approval. Upon such filing, they shall be posted to the official city map and the city zoning map by the city secretary.
(2) 
Before being subdivided, or concurrently therewith, the area involved must be permanently zoned. No plat or subdivision shall be approved within any area where a petition or ordinance for annexation or a recommendation for annexation is pending before the city council unless and until such annexation has been approved.
(3) 
Hereafter every owner of any lot or tract of land situated within the corporate limits or within the extraterritorial jurisdiction of the city who shall be required to cause a plat to be made and approved by the planning and zoning commission and the city council as provided for in subsection (1) above shall also be required to dedicate to the city a reasonable portion of the lot or tract being platted as a prerequisite to plat approval when such dedication is determined to be necessary for the orderly development of streets, roadways, thoroughfares, parks or utilities within the area. Provided however, that such dedication shall not exceed ten percent (10%) of the total lot area when such lot being platted is being platted as a single lot.
(Ordinance O-02-2020, sec. 19-100, adopted 3/23/2020; 1997 Code, sec. 154.159)
(a) 
Commercial business certificate of occupancy.
(1) 
Commercial business certificate of occupancy: No tract of land or premises nor structure thereon shall be used, occupied or changed in use until a commercial business certificate of occupancy shall have been issued by the building official stating that the tract of land, premises or structure, as case may be, complies with the provisions of this zoning ordinance and any other part of the city code applicable thereto.
(2) 
Application for commercial business certificate of occupancy -new and alterations: A commercial business certificate of occupancy for a new building or the alteration of an existing building shall be applied for coincident with the application for building permit, and will be issued within five (5) days after the erection or structural alteration of such building shall have been completed in conformity with the provisions of pertinent statutes and ordinances.
(b) 
Commercial residential certificate of occupancy.
(1) 
The intent of the commercial residential certificate of occupancy is to provide a reasonable level of predictability for owners, residents and inspection personnel, for the safety and welfare of the tenants, as well as the owner.
(2) 
No checklist can encompass every possible scenario and not all apparent violations present a threat to the health or safety of tenants. Accordingly, inspectors are required to use a significant amount of professional judgment. The severity of the violation, along with the willingness of the building owner, to abate inspection findings will weigh heavily into the course of action taken by inspectors.
(3) 
The commercial residential certificate of occupancy safety inspection is designed to acknowledge the standards that were in place at the time of the property's construction, provided those standards do not threaten life safety. It is not the intent of the program to bring Jacksboro rental properties into compliance with current building code.
(4) 
Commercial residential certificate of occupancy: No commercial residential tenant shall use or occupy any tract of land or premises, nor structure thereon, until a commercial residential certificate of occupancy shall have been issued by the building official stating that the tract of land, premises or structure, as case may be, complies with the provisions of this zoning ordinance and any other part of the city code applicable thereto.
(5) 
Application for commercial residential certificate of occupancy: The commercial residential certificate of occupancy shall be applied for prior to the establishment of services and any occupancy with each new tenant, regardless of the length of time since the last commercial residential certificate of occupancy inspection.
(Ordinance O-02-2020, secs. 20-100, 20-101, adopted 3/23/2020; 1997 Code, sec. 154.160)
(a) 
Any owner, authorized agent or contractor who desires to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the technical codes, or to cause any such work to be done, shall first make application to the city to obtain a building permit in accordance with the standard building codes, as adopted at such time of application.
(b) 
An application for certificate of occupancy, if required, must accompany the application for a building permit.
(c) 
No building permits shall be issued for construction on any lot or tract of land that has not been properly platted as required by this article.
(d) 
No building permits shall be issued without the property owner's authorization on the application. Proof of ownership must be included at time of application submission.
(e) 
No building permits shall be issued without original tax certificates attached to the permit application.
(Ordinance O-02-2020, sec. 21-100, adopted 3/23/2020; 1997 Code, sec. 154.161; Ordinance O-06-2022 adopted 8/8/2022)
(a) 
Violation of the provisions of this article or failure to comply with any of its requirements shall constitute a misdemeanor. Any person, firm or corporation who violates this article or fails to comply with any of its requirements shall, upon conviction thereof may be fined not less than two hundred dollars ($200.00) nor more than two thousand dollars ($2,000.00). Each day such violation continues shall be considered a separate offense.
(b) 
The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
(c) 
Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation, including but not limited to seeking injunctions and civil penalties.
(Ordinance O-02-2020, sec. 22-100, adopted 3/23/2020; 1997 Code, sec. 154.162)
If any section, paragraph, subdivision, clause, phrase, or provision of this article shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this article as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional.
(Ordinance O-02-2020, sec. 23-100, adopted 3/23/2020; 1997 Code, sec. 154.163)
This article, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. The zoning ordinance of the city is deemed repealed from and after the effective date of this article.
(Ordinance O-02-2020, sec. 24100, adopted 3/23/2020; 1997 Code, sec. 154.164)
By passage of this article, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a conforming use. Otherwise, such use shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this article that no offense committed, and no liability, penalty, or forfeiture, either civil or criminal, incurred prior to the time the existing ordinance was repealed and this article adopted, shall be discharged or affected by such repeal. Prosecutions and suits for such offenses, liabilities, penalties, or forfeitures may be instituted or causes presently pending proceeded with in all respects as is such prior ordinance had not been repealed.
(Ordinance O-02-2020, sec. 25-100, adopted 3/23/2020; 1997 Code, sec. 154.165)