City of Sachse, TX Zoning

Applications shall be accompanied by required fees as set forth in the City of Sachse Master Fee Schedule established by resolution of the city council.

Zoning application fees and charges shall be collected by the City of Sachse when a request for rezoning or variance is tendered to the city, and each of the fees and charges shall be paid in advance, and no action of the city or any board or agency shall be valid until the fee shall have been paid to the city. These fees shall be charged on all requests, regardless of the action taken by the city and whether the request is approved or denied. The money collected shall defray the cost of administrative, clerical, and inspection services necessary.

(Ordinance 398 adopted 8/27/84; Ordinance 2074, sec. 1, adopted 4/19/04; Ordinance 3432, sec. 1, adopted 11/5/12)

§ 11-3 Planning and zoning commission.

Created.

There is hereby created a planning and zoning commission of the city. Such commission shall consist of seven members, and may include alternates. The commission members shall be qualified voters in the city.

The members of the planning and zoning commission shall be appointed by a majority of the city council. Members shall be appointed to staggered, overlapping two-year terms.

Vacancies in the planning and zoning commission occurring other than through the expiration term of office shall be filled by the majority vote of the entire city council. Such appointee shall serve for that portion of the unexpired term remaining of the vacancy being filled.

If any member of the planning and zoning commission is absent from three consecutive regular meetings, such member may be removed by the City Council.

(5)

The members of the planning and zoning commission shall serve without compensation.

(6)

Four members of the planning and zoning commission shall constitute a quorum, and all members, including the presiding chairman, shall have the right of one vote each, a quorum being present. All actions by the planning and zoning commission shall be by a majority vote of those members present. The planning and zoning commission shall:

(a)

Organize and select officers in June of each year, which shall include a chairman, vice-chairman and secretary to serve for one-year terms;

(b)

Adopt its own rules of procedure for the conduct of its public hearings; and

(c)

Keep accurate minutes of its meetings which shall be recorded with the city secretary, and such minutes shall become a part of the permanent city records. Its meetings shall be open to the public at all times. The commission shall meet at least once a month.

Duties and powers.

The planning and zoning commission shall generally have the following duties and powers:

To obtain information and make recommendations to the city council and to cooperate with all boards and other agencies as to all facts bearing upon the needs of the city with regard to the development of boulevards, streets and avenues and other public ways or places and city plans and subdivision development generally.

To formulate a plan to regulate and restrict the location of trades and industries, and the location of buildings designed for specific uses, and to regulate and limit the height and bulk of buildings. To effect such purposes, the commission shall divide the city into zones of such number, shape and area as may seem best to carry out a definite plan for the development of the city, and shall submit the same to the city council for approval or rejection. In performing such duties, the commission shall function as provided under articles 1011a to 1011j, Revised Civil Statutes.

To recommend to the city council whether property should be acquired for boulevard purposes, and also whether or not any change should be made in the width or length of any street or boulevard.

To cooperate with and advise the city council with respect to any plan for the location or change of public buildings, bridges, approaches or other structures erected by the city.

(5)

To keep itself informed with reference to the progress of city planning in this and other counties, and to make studies and recommendations for the improvement of the plan of the city with view to the present and future movement of traffic and the convenience, health, recreation, safety, general welfare and needs of the city, based upon the city plan. Such commission shall consider and report to the city council with reference to all facts bearing on the designs and their relations to the city plan of all new public ways, lands, buildings, bridges, improvements of drainage, extension or opening of streets and avenues.

(6)

To pass upon whether or not plats of land and proposed plats of land within the city or coming under the city’s jurisdiction should be accepted, and to formulate and furnish to the city council regulations governing the platting of additions which shall be for the guidance of the public in this regard.

(7)

To act in an advisory capacity to the city council in all matters pertaining to zoning, public improvements, civic improvements, city planning, opening, widening and changing of streets, and such other matters relating to civic improvements as such commission may deem beneficial and to the interest of the city.

Rules and regulations.

The following rules and regulations are hereby adopted by the city for the making of applications for zoning changes and for the handling of public hearings before the city planning and zoning commission and the city council:

Applications for zoning changes must be made in writing and filed with the office of development services on a form approved by the city manager or his/her designee. The form to be used in making the application shall contain such information as may be required by the city manager or his/her designee.

Written notice of the public hearing shall be sent to property owners as required by law prior to the hearing by the planning and zoning commission. The notice shall be mailed at least ten days prior to the hearing to all owners of property affected by the proposed change in the zoning by sending such notices to all persons owning property within 1,000 feet of the area of the proposed change of zoning. The notice shall be sent to persons whose names appear on the current tax roll.

The planning and zoning commission may investigate such application before or after public hearing so that the members may be fully acquainted with the subject property and the surrounding area. At the hearing, proponents and opponents shall be given full and adequate opportunity to present their respective views and the planning and zoning commission will, from their personal inspection, and evidence presented, makes its recommendation to the city council as to whether or not the zoning change or special use should be granted or denied, or any other disposition which the planning and zoning commission may deem proper. It shall be the duty of the chairman of the planning and zoning commission, or in his absence, the vice-chairman, assisted by the secretary and members of the planning and zoning commission present at the hearing, to prepare a report in writing, which shall consist of a resume of the evidence head by the planning and zoning commission and any facts which the planning and zoning commission may have gained by personal inspection of the premises and surrounding area involved, and to which shall be attached the recommendation of the planning and zoning commission shall then be filed with the city secretary for presentation to the city council.

When the planning and zoning commission has recommended that the application for a change of zoning be denied, the development services office shall notify the applicant of the recommendation of the planning and zoning commission and advise the applicant that if the applicant desires the matter to be presented to the city council for its consideration, the applicant shall notify the development services office within 30 days of his desire that the case be submitted to the city council for its consideration. In the event the applicant does not notify the office of development services in writing of his desire that the case be submitted to the city council for its consideration, no further action shall be taken. If such notice is given to the office of development services, the office of development services shall schedule the case for a hearing before the city council. Prior to the hearing before the city council, notice of such proposed hearing shall be published in the official newspaper of the city one time, at least 15 days prior to date of the hearing, such notice to give the time and place of the hearing, a description of the property, information as to the request made by the applicant and the recommendation of the planning and zoning commission. Prior to the hearings before the city council, the development services office shall deliver to the city council the report and recommendation of the planning and zoning commission.

(5)

At the time of the hearing before the city council, the applicant and opposition shall be given an opportunity to be heard in connection with the proposed change of zoning. After both the applicant and the opposition have been heard, the public hearing will be closed. After closing of the public hearing, the city council shall make a decision as to whether or not the proposed zoning change should be made as requested, or should be made in some modified form, or whether it should be denied with or without prejudice. In the event the city council votes to grant a zoning change a written ordinance shall be prepared for submission to the city council. No zoning change shall become effective until after a written ordinance granting such change has been prepared and duly adopted by the city council, and the caption of said ordinance published in the official newspaper, as the law in such cases provides.

(6)

Any zoning matter acted upon by the planning and zoning commission will not again be considered for a period of one year, except:

(a)

At the request of, referral back or a denial without prejudice from the city council.

(7)

Action by the planning and zoning commission shall be considered only as a recommendation that the proposed zoning change be granted or denied. Any action or recommendation made by the planning and zoning commission shall be governed by the provisions of article 1011a or 1011j of Vernon’s Revised Civil Statutes and the Comprehensive Zoning Ordinance of the city.

(8)

In the event a protest against such proposed change has been filed with the city secretary, duly signed by the owners of 20 percent or more either of the area included in the such proposed change or of the land within 1,000 feet of such area, such amendment shall not become effective except by a three-fourths vote of the governing body.

(9)

In the event a request for zoning change to the planning and zoning commission is withdrawn following placement on the agenda thereof, said request shall be deemed disapproved and shall be so stated in the minutes.

(10)

In the event a recommendation for approval is forwarded to the city council by the planning and zoning commission and said request is withdrawn after placement on the city council agenda, said request shall be deemed disapproved and shall be so stated in the minutes.

(11)

In the event any request for zoning change is denied by vote of the city council or is denied by virtue of the provisions in subsections C(9) or C(10) of this section, said request shall not be resubmitted or considered by the planning and zoning commission or the city council for a period of one year. Said period shall begin to run on the date any such disapproval is entered in the minutes by the city secretary.

Removal.

Removal of members of the planning and zoning commission shall be in accordance with the provisions of Article VIII, Section 8.01(2) of the City of Sachse’s Home Rule Charter.

Joint public hearings with city council.

In accordance with the provisions and authority of article 1011f, Revised Civil Statutes of the State of Texas, the city council of the City of Sachse, Texas, may hold any public hearing, after published notice as required by law, jointly with any public hearing which is required by law to be held by the planning and zoning commission. Provided, however, that in such a case the city council shall not take action on any such matter before the joint hearing until it has received the final report of the planning and zoning commission.

(Ordinance 182 adopted 2/26/74; Ordinance 210 adopted 12/22/75; Ordinance 296 adopted 9/14/81; Ordinance 395 adopted 9/17/84; Ordinance 1100 adopted 8/16/93; Ordinance 2032, secs. 1, 2, adopted 9/2/03; Ordinance 2188, sec. 1, adopted 12/19/05; Ordinance 2244, secs. 1, 2, adopted 10/2/06; Ordinance 3555, sec. 3, adopted 1/6/14; Ordinance 3947, sec. 1, adopted 10/7/19; Ordinance 4012, sec. 1, adopted 4/19/21)

§ 11-4 Board of adjustment.

Created.

Under the authority of the Home rule Charter of the City of Sachse, Texas there is hereby created a board of adjustment. This board shall consist of five members and may include four alternates, appointed by a majority of the city council for a term of two years. Vacancies on the board shall be filled first by alternate members on the basis of seniority. All other vacancies shall be filled by appointment by the original appointing authority of a suitable person to serve out the unexpired term of any member whose place on the board has become vacant for any cause.

If any member of the board of adjustment is absent from three consecutive regular meetings, such member may be removed by the City Council.

Purpose, meetings, minutes.

The board is hereby vested with power and authority, in appropriate cases and subject to appropriate conditions, and safeguards to make such exceptions to the terms of the zoning ordinance of the City of Sachse in harmony with its general purpose and intent and in accordance with general or special rules therein contained for the purpose of rendering full justice and equity to the general public. The board may adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with this section. Meetings of the board shall be held at the call of the chairman, who may administer oath and compel the attendance of witnesses. 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, indicate such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

Appeals to board.

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board of municipality affected by any decision of the administrative office. Such appeals shall be taken within 15 days time after the decision has been rendered by the administrative office, by filing with the officer from whom the appeal is taken and the board of adjustment, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all papers constituting the record upon which the action appealed was taken. An action appealed from shall stay all proceedings upon the action appealed, unless the officer from whom the appeal is taken certified to the board of adjustment, after the notice of appeal has been filed with him, that by reason of facts, stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record or application on notice to the officer from whom the appeal is taken and due cause shown.

Powers.

The board of adjustment shall have the following powers: to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of the zoning ordinance. To hear and decide special exceptions to the terms of the zoning ordinance upon which the board is required to pass under this section.

To authorize upon appeal in special cases, such variances from the terms of the zoning ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the zoning ordinance will result in unnecessary hardship, and to that the spirit of the zoning ordinance shall be observed and substantial justice done.

In exercising its powers the board may, in conformity with the provisions of articles 1011-a and including 1011-j of the 1925 Civil Statutes of Texas, revise or reform, wholly or partly, or may modify the order, requirements, decision or determination as ought to be made and shall have all the powers of the officer for whom the appeal is taken.