38.1 ADMINISTRATIVE
OFFICIAL
An administrative official designated by the
city council shall administer and enforce this ordinance. Said person
may be provided with the assistance of such other persons or consultants
as the city council may direct.
38.2 ENFORCEMENT
If the administrative official finds that any of the provisions
of this ordinance are being violated, he shall notify in writing the
person responsible for such violations, indicating the nature of the
violation and ordering the action necessary to correct it. He shall
order discontinuance of illegal use of land, buildings or structures;
removal of illegal buildings or structures or of illegal additions,
alterations, or structural changes; discontinuance of any illegal
work being done; or shall take any other action authorized by this
ordinance to ensure compliance with or to prevent violation of its
provisions.
(Ordinance 2001-02 adopted 5/24/01; Ordinance 2006-20, sec. 1, adopted 10/19/06; Ordinance 2006-20, sec. 2, adopted 10/19/06; Ordinance 2006-20, sec. 3, adopted 10/19/06)
To avoid undue hardship, nothing in this ordinance shall be
deemed to require a change in the plans, construction or designated
use of any building on which actual construction was lawfully begun
prior to the effective date of adoption or amendment of this ordinance
and upon which actual building construction has been carried on diligently.
Actual construction is hereby defined to include the placing of construction
materials in permanent position and fastened in a permanent manner.
Where excavation or demolition or removal of an existing building
has been substantially begun preparatory to rebuilding, such excavation
or demolition or removal shall be deemed to be actual construction,
provided that work shall be carried on diligently.
(Ordinance 2001-02 adopted 5/24/01; Ordinance 2006-20, sec. 1, adopted 10/19/06; Ordinance 2006-20, sec. 2, adopted 10/19/06; Ordinance 2006-20, sec. 3, adopted 10/19/06)
40.1 ESTABLISHMENT
A zoning board of adjustment is hereby established, which shall
consist of five regular members and two alternate members, each to
be appointed for a term of two years by the city council. Alternate
members shall serve in the absence of regular member(s) in keeping
with rules and procedures adopted by the zoning board of adjustment.
Members of the zoning board of adjustment may be removed from office
by the city council for cause upon written charges and after public
hearing. Vacancies shall be filled by appointment of the city council
for the unexpired term of the member affected. All cases to be heard
by the Zoning Board of Adjustment must be heard by a minimum number
of four members.
40.2 TERMS
OF OFFICE
The terms of three of the members shall expire
on the first Monday in June of each odd-numbered year, and the terms
of two of the members shall expire on the first Monday in June of
each even-numbered year. The members of the board shall be identified
by place numbers one through five. The odd-numbered places shall expire
in the odd-numbered years; the even-numbered places shall expire in
the even-numbered years.
40.3 PROCEDURE
The Zoning Board of Adjustment members shall select a chairman
and vice-chairman from among its members.
A. The
board shall hold an organizational meeting on the first Monday in
July of each year and shall elect a vice-chair from among its members
before proceeding to any other matters of business.
B. Officers
will serve for a term of one year.
C. Meetings
shall be held at the call of the chairman and at such other times
as the board may determine.
D. All
meetings shall be open to the public.
E. The
Zoning Board of Adjustment 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
examinations and other official actions, all of which shall be public
record and be immediately filed in the office of the board.
F. The
zoning board of adjustment shall adopt rules necessary to the conduct
of its affairs and in keeping with the provisions of this ordinance
and state statutes.
G. A quorum
for the conduct of business shall consist of four members of the commission.
H. The
members of the commission shall regularly attend meetings and public
hearings of the commission and shall serve without compensation. Three
consecutive unexcused absences shall constitute grounds for dismissal.
I. Duties
of the officers shall be as follows:
a. Chairman.
The chairman shall preside at all meetings and may administer
oaths and compel the attendance of witnesses, and shall have the same
subpoena powers as the municipal court.
b. Vice-chairman.
The vice-chairman shall assist the chairman in directing the
affairs of the Board and act in the absence of the chairman.
40.4 POWERS
OF THE BOARD
The Board of Adjustment shall have the powers
and exercise the duties of a Board of Adjustment in accordance with
Section 211.008 of the Texas Local Government Code. The Board’s
jurisdiction shall extend to and include the hearing and deciding
of the following types of appeals and applications, and to that end
shall have the necessary authority to ensure continuing compliance
with its decision. The zoning board of adjustment shall have the following
powers and duties:
A. Interpretation.
To render an interpretation of the zoning regulations or the
manner of their application where it is alleged there is error in
any order, requirement, decision, or determination made by the administrative
official in the administration of this ordinance. In reaching its
decisions the Board shall establish firm guidelines for future administrative
action on like matters.
B. Special
exceptions.
To hear and decide upon those applications
for special exceptions when the same is authorized under this ordinance
subject to Board approval. A special exception shall not be granted
by the board of adjustment unless it finds:
a. That
the use is specifically permitted under the ordinance; and
b. That
the locations of proposed activities and improvements are clearly
defined on the site plan filed by the applicant; and
c. That
the exception will be wholly compatible with the use and permitted
development of adjacent properties.
C. Variances.
To authorize upon appeal in specific cases such variance from
the height, yard area, coverage, and parking regulations set forth
in this ordinance 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. A variance from
the terms of this ordinance shall not be granted by the zoning board
of adjustment unless and until it finds that:
a. Special
conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other
lands, structures, or buildings in the same district; and
b. That
literal interpretation of the provisions of this ordinance would deprive
the applicant of rights commonly enjoyed by other properties in the
same district under the terms of this ordinance;
c. That
the special conditions and circumstances do not result from the actions
of the applicant;
d. That
granting the variance requested will not confer on the applicant any
special privilege that is denied by this ordinance to other lands,
structures or buildings in the same district.
e. The
board shall further make a finding that the reasons set forth in the
application justify the granting of the variance, and that the variance
is the minimum variance that will make possible the reasonable use
of the land, building or structure.
f. The
zoning board of adjustment shall further make a finding that the granting
of the variance will be in harmony with the general purpose and intent
of this ordinance, and will not be injurious to the neighborhood,
or otherwise detrimental to the public welfare.
g. Under
no circumstances shall the board grant a variance to allow a use not
permissible under the terms of this ordinance in the district involved,
or any use expressly or by implication prohibited by the terms of
this ordinance in said district.
D. Nonconforming
Uses.
a. The
Board may permit the reconstruction, extension, or enlargement of
a building occupied by a nonconforming use on the lot or tract occupied
by the building, and the addition of off-street parking or off-street
loading to a nonconforming use.
b. The
Board may require the discontinuance of nonconforming uses of land
or buildings under any plan whereby the full value of the buildings
and facilities 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
this ordinance. All actions to discontinue a nonconforming use of
land or structure shall be taken with due regard to the property rights
of the persons affected, when considered in light of the public welfare
and the character of the area surrounding the designated nonconforming
use and the conservation and preservation of the property.
c. The
Board shall, from time to time, on its own motion or upon cause presented
by interested property owners, inquire into the existence, continuation,
or maintenance of any nonconforming use within the city.
40.5 APPEALS
TO THE BOARD OF ADJUSTMENT
A. Interpretation.
Appeals to the zoning board of adjustment concerning interpretation
or administration of this ordinance may be taken by any person aggrieved
or by any officer, agency, department or commission of the city affected
by any decision of the administrative official. Such appeals shall
be taken within 10 business days or such lesser period as may be provided
by the rules of the board, by filing with the administrative official
from whom the appeal is taken, and with the zoning board of adjustment
a notice of appeal specifying the grounds for appeal. The administrative
official shall forthwith transmit to the board all papers constituting
the record upon which the action appealed from was taken.
B. Stay
of proceedings.
An appeal stays all proceedings in furtherance
of the action appealed from, unless the administrative official from
whom the appeal is taken certifies to the zoning board of adjustment
after the notice of appeal is filed with him that, by reason of facts
stated in the certificate, a stay would, in his opinion, cause imminent
peril to life and property. In such case, proceedings shall not be
stayed other than by a restraining order which may be granted by the
zoning board of adjustment or by a court of record on application,
and on due cause shown.
C. Special
Exception Application.
An application for a special exception
to use or develop property as specifically authorized in district
use regulations or in this section may be filed by any person owning
the affected property or by any tenant upon written authorization
of the owner. Such application shall be filed with the Board, and
a copy thereof with the administrative official.
D. Form
of Appeal or Application.
The appeal or application shall
be in such form and contain such information as the Board may require
under its rules of procedure. An incomplete appeal or application
shall be deemed only to give notice of intent to appeal or apply to
the Board, and shall not be reviewed or scheduled for hearing until
brought to completion.
E. Notice
of Hearing.
Official written notice of public hearing
on every application for a variance or special exception or for an
interpretation of regulations applying solely to an individual property
shall be sent to all owners of property, or to the person rendering
the same for city taxes, affected by such application, located within
200 feet of any property affected thereby, within not less than 10
days before such hearing is held. Such notice shall be served by using
the last known address as listed on the town [city] tax roll and depositing
the notice, postage paid, in the United States mail. Notice of hearings
on requests for interpretation of regulations applying to more than
one property and ownership shall be given by means of a general notice
as provided below. In addition, a list of items on the agenda to be
heard by the Board shall be posted at a public place in City Hall
at least 72 hours before the hearing on said items, and a list of
agenda items shall be published in a newspaper of general circulation
in the City of Hudson Oaks at least twenty-four (24) hours before
the hearing at which action will be considered.
40.6 HEARING
AND DECISION
A. Generally.
The board shall fix a reasonable time for the hearing of appeal,
give public notice thereof as well as due notice to the parties in
interest, and decide the same within a reasonable time. At the hearing,
any party may appear in person or by agent or attorney. Evidence supporting
the grant or denial of an appeal shall be submitted only through the
administrative official or to the Board in public meeting. An appeal
or application may be withdrawn upon written notice of the administrative
official, but no appeal shall be withdrawn after posting of hearing
notice and prior to board action thereon without formal consent of
the Board.
B. Decision
and Voting.
a. Every
decision of the Board shall be based upon findings of fact and every
finding of fact shall be supported in the record of proceedings. The
enumerated conditions required to exist on any matter upon which the
Board is authorized to pass under this ordinance shall be construed
as limitations on the power of the Board to act.
b. Nothing
herein contained shall be construed to empower the Board to change
the terms of this ordinance, or to effect changes in the zoning districts.
The powers of the Board shall be so applied that the terms of this
ordinance will be strictly enforced.
c. In
exercising the above-mentioned powers, the zoning board of adjustment
may, so long as such action is in conformity with the provisions of
Section 211.008 Board of Adjustment through Section 211.013 Conflict
with Other Laws, Exceptions of the Texas Local Government Code, may
modify in whole or in part any order, requirement, decision or determination
appealed from and may make such order, requirements, decision or determination
as ought to be made, and to that end shall have the powers of the
administrative official from whom the appeal is taken.
d. The
concurring vote of four members of the board shall be necessary to
reverse any order, requirement, decision or determination of the 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 effect any
variation in the application of this ordinance.
C. Disqualification
from voting.
a. A
member shall disqualify himself from voting whenever he finds that
he has a personal or monetary interest in the property under appeal,
or that he will be directly affected by the decision of the Board.
b. A
member may disqualify himself from voting whenever any applicant,
or his agent, has sought to influence the vote of the member on the
appeal, other than in the public hearing.
D. Approval
of Request.
a. In
approving any request, the Board of Adjustment may designate such
conditions in connection therewith in order to secure substantially
the objectives of the regulations or provisions to which such variance
is granted and to provide adequately for the maintenance of the integrity
and character of the zone in which such permit is granted.
b. When
necessary, the Board of Adjustment may require guarantees, in such
form as it deems proper, to insure that conditions designated in connection
therewith are being or will be complied with.
c. Unless
a building permit or certificate of occupancy is obtained, appeal
shall expire 60 days after the Board’s decision unless a greater
time is requested in the application and is authorized by the Board.
Any approval may be granted one emergency extension of 60 days on
written request filed with the Board before expiration of the original
approval.
E. Denial
of Request.
No appeal or application that has been denied
shall be further considered by the Board under a subsequent request
obtained by filing new plans and obtaining of a new decision from
the administrative official unless:
a. The
new plans materially change the nature of the request; or
b. The
permitted development of other nearby property in the same zone has
been substantially altered or changed by a ruling of the Board, so
as to support an allegation of changed conditions.
F. Appeals
of Zoning Board of Adjustment Action.
Any person or persons,
or any board, taxpayer, department, commission or agency of the city
aggrieved by any decision of the zoning board of adjustment may seek
review by a court of record [by submitting] a petition duly certified,
setting forth that such decision is illegal in whole or in part, specifying
the grounds of such illegality. Shall [Such] petition shall be presented
to the court within ten days after the filing of the decision complained
of in the office of the Board of Adjustment, and not thereafter.
40.7 AUTHORIZED
SPECIAL EXCEPTIONS
The following privately owned or privately
operated uses may be permitted as special exceptions by the Board
of Adjustment in the districts indicated below, subject to full and
complete compliance with any and all conditions listed, together with
such other conditions as the Board may impose for protection of the
public health or safety:
Special Exception
|
District Where Permitted
|
---|
Shared [Sharing] of the same off-street parking areas by two
or more uses as follows:
|
RC, GC, I
|
a.
|
When two or more uses, according to such approved plan, share
the same off-street parking area, each may be considered as having
provided such shared space individually.
|
|
b.
|
The land uses and common parking facility must be located in
close proximity to one another.
|
|
c.
|
The land uses must be located not farther from the shared parking
than a distance of 300 feet, measured by a straight line from the
nearest point of the land on which the use is served is located to
the nearest point of the separated off-street parking space.
|
|
Off-site parking when the following applies:
|
RC, GC, I
|
a.
|
Must be located not farther from the use served than a distance
of 300 feet, measured by a straight line from the nearest point of
the land on which the use is served is located to the nearest point
of the separated off-street parking space.
|
|
b.
|
A written agreement shall be drawn to the satisfaction of the
town [city] attorney and executed by all parties concerned assuring
the continued availability of the off-site parking facilities for
the use they are intended to service.
|
|
Additional Height for Parking Lot Light Poles
|
All Districts
|
Exceed illumination of 20 footcandles for Public and Semi-Public
Facilities
|
All Districts
|
Permit Laser Source Lights, Searchlights, Floodlights, Uplighting
of displays and bldgs, and Mercury Vapor Lights
|
All Districts
|
Reduction of required parking between 11% and 50%
|
RC, GC, I
|
Antenna facilities which do not meet the requirements of Section 36 Wireless Communication Facilities
|
|
Modular Bldg. Used as a Temporary Structure (not residential)
|
All Districts
|
Additional height over 60 feet
|
RC, GC, I
|
40.8 FEES
There shall be a fee assessed for each request for a variance
to this ordinance, in accordance with the City of Hudson Oaks fee
schedule. Costs shall not be allowed against the Board unless it shall
appear to the court that the Board acted with gross negligence or
in bad faith, or with malice in making the decision appealed.
(Ordinance 2001-02 adopted 5/24/01; Ordinance 2006-20, sec. 1, adopted 10/19/06; Ordinance 2006-20, sec. 2, adopted 10/19/06; Ordinance 2006-20, sec. 3, adopted 10/19/06)
The duties of the city council in connection with this ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. Under this ordinance the city council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this ordinance, as provided by law, and, of establishing a schedule of fees and charges as stated in Section
43 Fee Schedule.
(Ordinance 2001-02 adopted 5/24/01; Ordinance 2006-20, sec. 1, adopted 10/19/06; Ordinance 2006-20, sec. 2, adopted 10/19/06; Ordinance 2006-20, sec. 3, adopted 10/19/06)
42.1 PURPOSE
A Planning and Zoning Commission is hereby organized in accordance
with V.T.C.A., Local Government Code § 211.001 et seq.
A. To identify
community needs and to advise the city council of their short term
and long term range implications for the orderly development for the
city;
B. To recommend
achievable community goals as a basis for long-range planning and
development programs;
C. To recommend
plans, programs and policies that will aid the entire community in
achieving its defined goals; and
D. To interpret
the adopted plans and programs to concerned citizens so that private
activities and desires may be accomplished in harmony with public
needs and policies.
42.2 MEMBERSHIP
AND APPOINTMENT
The Planning & Zoning Commission
shall consist of seven (7) members. The Chair of the Planning and
Zoning Commission shall not vote unless there is a tie vote. The members
shall be residents of the City of Hudson Oaks and qualified voters.
They shall be appointed by a majority vote of the members of the City
Council at a regular or specially called meeting thereof.
42.3 TERMS
OF OFFICE
The members of the commission shall be identified
by place numbers one through seven. The terms of Places 1, 2 and 4
shall expire on the first Monday in June of each odd-numbered year,
and the terms of Places 3, 5, 6, and 7 shall expire on the first Monday
in June of each even-numbered year. Vacancies shall be filled for
unexpired terms by the City Council in the same manner as the original
appointment was made. Newly appointed members shall be installed at
the first regular commission meeting after their appointment. The
City Council may remove a commission member for cause on a written
charge and after public hearing. Commission members may be appointed
to succeed themselves.
42.4 ORGANIZATION
The Commission shall hold an organizational meeting on the fourth
Monday in July of each year and shall elect a chair and vice-chair
from among its members before proceeding to any other matters of business.
Upon council confirmation, officers will serve for a term of one year.
The commission shall meet regularly at least once a month and shall
designate the time and place of its meetings. The commission shall
adopt its own rules of procedure and keep a record of its proceedings
consistent with the provisions of this ordinance and state law.
42.5 DUTIES
AND POWERS
The Planning and Zoning Commission is hereby
charged with the duty and invested with the authority to:
A. Review
and recommend administrative procedures to the Council in regards
to inspection of property and premises where required in the discharge
of responsibilities under the laws of the State of Texas and of the
city.
B. Recommend
to the City Council approval or disapproval of proposed changes in
the zoning district map.
C. Formulate
and recommend to the City Council for its adoption a city comprehensive
plan for the orderly growth and development of the city and its environs,
and from time to time recommend such changes in the plan as it finds
will facilitate the movement of people and goods, and the health,
recreation, safety and general welfare of the citizens of the city.
D. Formulate
a zoning district map as may be deemed best to carry out the goals
of the city plan; hold public hearings and make recommendations to
the City Council relating to the creation, amendment and implementation
of zoning regulations and districts as provided in V.T.C.A., Local
Government Code § 211.01 et seq., as amended, authorizing cities
and incorporated villages to pass regulations; all powers granted
under said act are specifically adopted and made a part hereof.
E. Exercise
all the powers of a Commission as to approval or disapproval of plans,
plats or replats and vacations of plans, plats or replats set out
in V.T.C.A., Local Government Code § 212.001 et seq.
F. Under
council direction, and with coordination with the city staff, will
study and make recommendations on the location, extension and planning
of public rights-of-way, parks or other public places, and on the
vacating or closing of same.
G. Under
council direction, and with coordination with the city staff, will
study and make recommendation on the general design and location of
public buildings, bridges, viaducts, street fixtures and other structures
and appurtenances.
H. Initiate,
in the name of the city, for consideration at public hearings all
proposals:
a. For
the opening, vacating or closing of public rights-of-way, parks or
other public places;
b. For
the original zoning of annexed areas; and
c. For
the change of zoning district boundaries on an areawide basis.
No fee shall be required for the filing of any such proposal
in the name of the city.
I. Formulate,
analyze and recommend to the city council for its adoption, policies
and regulations consistent with the adopted city plan governing the
location and/or operation of utilities, public facilities.
J. Keep
itself informed with reference to the progress of city planning in
the United States and other countries and recommend improvements in
the adopted plans to the city.
K. Submit
on October 1 of each year a progress report to the City Council summarizing
its activities, major accomplishments for the past year and a proposed
work program for the coming year. The report shall contain for the
year the attendance record of all members and the identity of commission
officers.
L. The
Commission, at the direction of the Council, shall study, hold public
hearings and submit reports on any topics pertaining to planning and
zoning that the council deems appropriate.
M. Prepare,
submit and review on an annual basis, with the city staff, recommendations
to the council for a five-year capital improvement plan.
42.6 MEETING
AND QUORUM
A quorum for the conduct of business shall
consist of four (4) members of the commission, excluding the Chair.
The members of the commission shall regularly attend meetings and
public hearings of the commission and shall serve without compensation.
Three consecutive unexcused absences or absence from three meetings
in any six-month period shall be grounds for dismissal.
42.7 DISQUALIFICATION
FROM VOTING
A. A member
shall disqualify himself from voting whenever he finds that he has
a personal or monetary interest in the property under appeal, or that
he will be directly affected by the decision of the commission.
B. A member
may disqualify himself from voting whenever any applicant, or his
agent, has sought to influence the vote of the member on his application,
other than in the public meeting.
42.8 COMMISSION
ACTIONS
A. Any
member other than the presiding officer may make a motion.
B. A motion
to approve any matter before the Commission or to recommend approval
of any request requiring council action shall require three favorable
votes.
a. Except
for plat approval, as covered by V.T.C.A., Local Government Code §
212.009 when fewer than three members are present, [the] matter is
denied.
b. When
fewer than all the members are present for the voting and when all
motions to recommend on a given application fail to carry by three
votes, consideration of the application shall be continued to the
next regular meeting upon motion carried by a majority of those present;
provided further that no request or application shall be continued
under this rule beyond the next regular meeting;
c. failure
of the commission to secure three concurring votes to approve or recommend
approval at said next regular meeting shall be recorded in the minutes
as a denial of the proposal under this rule.
C. For
plat approval, as covered by V.T.C.A., Local Government Code §
212.009, any plat not approved within 30 days after date plat is filed
shall be deemed to be disapproved.
D. Meetings
shall be conducted in accordance with council adopted Planning and
Zoning Commission rules of procedures and in accordance with state
law. The Commission may amend the rules of procedure with council
approval.
42.9 STAFF
SUPPORT
A staff liaison will be a city employee appointed
by the City Manager [Administrator] to take care of the correspondence
of the commission, prepare and post all required notices, keep files
on all matter before the commission, prepare reports for the Commission
and provide any information that the Commission requested to assist
them in performing their function. The staff liaison will be responsible
for the preparation of the meeting room prior to the beginning of
the meeting.
A recording secretary shall be appointed by the City Manager
[Administrator] to keep complete and accurate minutes of the Commission’s
actions.
42.10 CONDUCT OF MEETING
A. ORDER
OF BUSINESS - The chairman will call the Commission to order, and
the members present and absent will be recorded for the minutes. The
minutes of any preceding meeting will be submitted for approval. The
public will be advised of the procedures to be followed in the meeting.
The staff liaison will advise the Commission of communications received
regarding any matter for the Commission.
B. PRESENTATION
OF PROPOSALS - NON PUBLIC HEARING ITEMS - The Chairman will call for
each application. Staff liaison will present the facts on the application.
The chairman may request staff comments.
a. The
applicant or his/her representative will be given an opportunity to
present his/her case or proposal. The chairman may rule out irrelevant
matters such as a lengthy history of the proposal unless the majority
of the members desire to hear such matters.
b. The
chairman will ask for comments from members of the audience who have
requested to speak on the specific agenda item being addressed.
c. Commission
members may address questions to the applicant and discuss the item.
C. PRESENTATION
OF PROPOSALS - CONDUCT OF PUBLIC HEARINGS - The chairman will scall
for each application. Staff liaison will present the facts on the
application.
a. The
chairman will open the public hearing.
b. The
applicant or his/her representative will be given an opportunity to
present his/her case or proposal. The chairman may rule out irrelevant
matters such as a lengthy history of the proposal unless the majority
of the members desire to hear such matters.
c. The
proponents of the application will be given an opportunity to present
their views. The chairman has the discretion to set time limits for
each speaker.
d. The
opponents of the application will be given an opportunity to present
their views, under the same time limits set for the proponents.
e. The
chairman may request a recommendation from the staff liaison.
f. The
chairman will then close the public hearing.
g. The
Commission will discuss the item. No additional presentation will
be permitted by the applicant, proponents, or opponents during the
Commission discussion, except for additional questions from the Commission
to such persons.
(Ordinance 2001-02 adopted 5/24/01; Ordinance 2006-20, sec. 1, adopted 10/19/06; Ordinance 2006-20, sec. 2, adopted 10/19/06; Ordinance 2006-20, sec. 3, adopted 10/19/06)
The City Council shall establish a schedule of fees, charges
and expenses and a collection procedure for the administration, review
and processing of applications regarding the issuance of building
permits, certificates of occupancy, zoning change requests, plats,
zoning board of adjustment appeals and other matters pertaining to
this ordinance. The schedule of fees shall be posted in the office
of the zoning administrative official, and may be altered or amended
only by action of the city council. Until all applicable fees, charges
and expenses have been paid in full, no action shall be taken on any
application or appeal.
(Ordinance 2001-02 adopted 5/24/01; Ordinance 2002-06, sec. 2, adopted 6/27/02; Ordinance 2002-14, sec. 2, adopted 8/22/02; Ordinance 2016-02, sec. 1, adopted 1/28/16; Ordinance 2016-08, sec. 1, adopted 3/24/16; Ordinance 2018-12, sec. 1, adopted 7/26/18; Ordinance 2021-03 adopted 1/28/21)
44.1 GENERALLY
The regulations, restrictions, and district boundaries created
by this ordinance may be amended from time to time by the city council,
following recommendation of the Planning and Zoning Commission.
44.2 AMENDMENT
INITIATION
An amendment to this ordinance may be initiated
by the City Council on its own motion; the Planning and Zoning Commission;
or an owner or agent having proprietary interest in any property.
44.3 PROCEDURE
Any amendment to this ordinance shall require public hearings
to be held before the planning and zoning commission and the city
council. A joint public hearing may be. held before the planning and
zoning commission and city council, as provided in V.T.C.A., Local
Government Code § 211.007.
44.4 NOTICE
When any amendment relates to a change in classification or
boundary of a zoning district, written notice of all public hearings
before the planning and zoning commission and city council on proposed
changes and classifications shall be sent to owners of real property
lying within 200 feet of the property on which the change in classification
is proposed. Such notice will be given not less than ten days before
the date set for hearing, to all owners as the ownership appears on
the last approved city tax roll. Such notice may be served by depositing
the same, properly addressed, postage paid, in the city post office.
Notice shall also be posted along with the agenda for all hearings
and related meetings in accordance with the applicable laws of the
State of Texas.
When an amendment relates to a change of zoning classification
or to the text of this ordinance not affecting specific property,
notice of the public hearings before the planning and zoning commission
and city council shall be given by publication in a newspaper of general
circulation in the city without necessity of notifying property owners
by mail. The notice shall state the time and place of the hearing
and the nature of the subject to be considered, which time shall not
be earlier than 15 days from the date of publication.
44.5 PROTEST
In case the planning and zoning commission does not approve
the change, or in case of a written protest against such change, filed
with the city secretary and signed by the owners of 20 percent or
more, either of the area of the lots included in such proposed change,
or of those lying within 200 feet of the property on which the change
is requested, the amendment shall not be approved except by the favorable
vote of three-fourths of all members of the city council.
44.6 FREQUENCY
OF PETITION
A property owner, lessee, developer or option
holder may petition the city council for an amendment to the text
or district map of this ordinance, provided that before any action
shall be taken as provided in the section, the party or parties petitioning
for amendment shall deposit with the city secretary the fee amount
stipulated by resolution of the city council to cover the approximate
cost of this procedure, and under no condition shall said sum or any
part thereof be refunded for failure of such proposed amendment to
be enacted into law. A party shall not initiate the same action for
a zoning amendment or specific use permit affecting the same land
more often than once every 12 months.
(Ordinance 2001-02 adopted 5/24/01; Ordinance 2002-06, sec. 2, adopted 6/27/02; Ordinance 2002-14, sec. 2, adopted 8/22/02; Ordinance 2016-02, sec. 1, adopted 1/28/16; Ordinance 2016-08, sec. 1, adopted 3/24/16; Ordinance 2018-12, sec. 1, adopted 7/26/18; Ordinance 2021-03 adopted 1/28/21)
45.1 COMPLAINTS
REGARDING VIOLATIONS
Whenever a violation of this ordinance
occurs, or is alleged to have occurred, any person may file a written
complaint. Such complaint stating fully the causes and basis thereof
shall be filed with the administrative official. He shall record properly
such complaint, immediately investigate, and take action thereon as
provided by this ordinance.
45.2 PENALTIES
FOR VIOLATION
Any person, firm, association of persons,
corporation, or other organization who shall violate any provision
of this ordinance shall be guilty of a misdemeanor and, upon conviction,
shall be fined an amount not to exceed $2,000.00. Each day a violation
of this ordinance shall continue shall constitute a separate offense.
Nothing herein contained shall prevent the city from taking such other
lawful action as is necessary to prevent or remedy any violation.
(Ordinance 2001-02 adopted 5/24/01; Ordinance 2002-06, sec. 2, adopted 6/27/02; Ordinance 2002-14, sec. 2, adopted 8/22/02; Ordinance 2016-02, sec. 1, adopted 1/28/16; Ordinance 2016-08, sec. 1, adopted 3/24/16; Ordinance 2018-12, sec. 1, adopted 7/26/18; Ordinance 2021-03 adopted 1/28/21)
The sections, paragraphs, sentences, clauses, and phrases of
this ordinance are severable, and if any phrase, clause, sentence,
paragraph, or section of this ordinance shall be declared by the courts
to be unconstitutional or invalid, such decision shall not affect
the validity of the remaining phrases, clauses, sentences, paragraphs,
or sections of this ordinance, since the same would have been enacted
by the City Council without the incorporation in this ordinance of
any such unconstitutional or invalid phrase, clause, sentence, paragraph,
or section.
(Ordinance 2001-02 adopted 5/24/01; Ordinance 2002-06, sec. 2, adopted 6/27/02; Ordinance 2002-14, sec. 2, adopted 8/22/02; Ordinance 2016-02, sec. 1, adopted 1/28/16; Ordinance 2016-08, sec. 1, adopted 3/24/16; Ordinance 2018-12, sec. 1, adopted 7/26/18; Ordinance 2021-03 adopted 1/28/21)