The provisions of this Ordinance shall be administered and enforced
by the Mayor or his authorized representative, who shall have the
right to enter upon any premises for the purpose of making inspection
of buildings or premises necessary to carry out his duties hereunder.
(Ordinance 1991-13 adopted 11/7/91)
A. Application
for Zoning Changes:
1. Any
person, firm or corporation requesting change in zoning of any property
from one district classification to another district classification
under this ordinance shall make an application in writing to the City
Planning and Zoning Commission requesting change in zoning, which
application shall contain the following information:
a. Legal description of the land on which a zoning change is requested,
together with the local street address.
b. Name and address of the owner of the property.
c. Name and address of the person making the application, if made by
anyone other than the owner, together with a statement that the person
making the application is authorized to act for the owner in making
the application.
d. District use under which the property is regulated at the time of
making application and the district use requested by the applicant.
e. Any other information concerning the property as may be reasonably
requested by the Planning and Zoning Commission.
2. Upon
the filing of an application for a change in zoning with the Planning
and Zoning Commission, the applicant shall pay to the City a fee as
defined in the adopted schedule of fees of the City, no part of which
shall be returnable, regardless of the action taken on the request.
3. A
waiting period of one year is hereby established between the date
an application for amendment to the zoning ordinance or a requested
change in zoning is denied by the City Council and a new application
for such a change or amendment is accepted. The one-year waiting period
shall be applicable to all requested amendments and changes for the
same zoning district, or districts and/or principal use(s), on all
or any portion of the property previously considered for amendment
or change in zoning; provided, however, said one-year waiting period
shall be not applicable to any proposed amendment or change instituted
by the City Council or Planning and Zoning Commission, or any proposed
amendment or change denied without prejudice by the City Council.
4. The
City shall have at least one sign erected on any property upon which
a zoning change requested has been filed. Such sign or signs shall,
if possible, be located adjacent to a public thoroughfare in a visible
location. Such sign shall be removed immediately after final action
by the City Council or when the applicant withdraws the request, whichever
comes first. The sign shall contain a notice of the rezoning, and
the agency and telephone number from which information relative to
the rezoning request may be obtained. Accompanying every petition
for amendment of this ordinance shall be a required statement signed
by the applicant authorizing the placement of such [sign] or signs
by the City. The erection or continued maintenance of the sign or
signs shall not be deemed a condition precedent to the granting of
any zoning change or the holding of any public hearing.
B. Changes
and Amendments:
1. Any
person, corporation or group of persons having a proprietary interest
in any property, upon proof of such interest, may petition the City
Council for a change or amendment to the provisions of the ordinance,
or the City Planning and Zoning Commission may, on its own motion,
institute proposals for change and amendment in the public interest.
All petitions for the amendment of this ordinance shall bear the signature
of the owners of all property within the area of request.
2. The
City Council may from time to time amend, supplement, or change by
ordinance the boundaries of the district or regulations herein. Before
taking action on any proposed amendment, supplement, or change, the
City Council shall submit the same to the City Planning and Zoning
Commission for its recommendation and report.
3. If
such proposed amendment, supplement or change has been denied by the
City Planning and Zoning Commission, or if a protest against such
proposed amendment, supplement or change has been filed with the City
Secretary, duly signed and acknowledged by the owners of twenty (20%)
percent or more, either of the area of the lots included in such proposed
change or those immediately adjacent to and extending two hundred
(200) feet therefrom, such amendment shall not become effective except
by a three-fourths (3/4) vote of the members of the City Council of
the City of San Saba.
(Ordinance 1991-13 adopted 11/7/91)
A. Creating Zoning Board of Adjustment:
There is
hereby created a Zoning Board of Adjustment which shall consist of
five (5) regular members, each to be appointed by a majority of the
City Council for a term of two (2) years.
B. Membership:
In addition to the five (5) regular
members of the Zoning Board of Adjustment, four (4) alternate members
of the Zoning Board of Adjustment, who shall serve in the absence
of one or more regular members when requested to do so by the Mayor,
shall be appointed by a majority of the City Council, so that all
cases heard by the Zoning Board of Adjustment will always be heard
by a minimum of four (4) members.
C. Term of Membership:
Regular members and alternate
members of the Zoning Board of Adjustment shall serve a term of two
(2) years and until their successors are appointed and qualified.
Regular and alternate members of the Zoning Board of Adjustment may
be removed from office for cause by the City Council upon written
charges and after a public hearing.
D. Officers:
The Zoning Board of Adjustment shall
select from among its regular members, a chairman, an acting chairman
to act in the absence of the chairman, and a secretary.
E. Rules Governing Zoning Board of Adjustment:
The
Zoning Board of Adjustment may adopt rules to govern its proceedings
and conduct of the business before the Board. Any rule or rules shall
be adopted by a resolution by the Board, entered upon the minutes
of the Board and a copy thereof shall be filed with the City Secretary
of the City of San Saba.
F. Meetings:
Meetings of this Board shall be held
at the call of the chairman, and at such other times as the Board
may determine. Such chairman or, in his absence, the acting chairman,
shall administer oaths and compel 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 such 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 filed in the office of the Board and shall be a public
record.
G. Appeals to Zoning Board of Adjustment:
Appeals
to the Zoning Board of Adjustment may be taken by any person aggrieved,
or by any officer, department, board, bureau or agency of the City
affected by any decision of the Building Inspector or other administrative
officer of the City relative to the Zoning Ordinance. Such appeal
shall be taken within fifteen (15) days after the date of the decision
of the Building Inspector or other administrative officer has been
rendered, by filing with the officer from whom the appeal is taken
and with the Zoning 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
from which the appeal was taken.
1. A
filing fee of one hundred dollars ($100.00) to help pay a part of
the cost of legal publication, accumulating engineering data, and
other administrative costs shall accompany each notice of appeal filed
with the Zoning Board of Adjustment.
2. An
appeal shall stay all proceedings in furtherance of the action appealed
from, unless the officer from whom the appeal is taken certifies to
the Zoning Board of Adjustment after the notice of appeal shall have
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 Zoning Board of Adjustment or a
court of record on application on notice to the officer from whom
the appeal is taken and on due cause shown.
3. The
Zoning Board of Adjustment shall fix a reasonable time for the hearing
of an appeal, give notice thereof, as well as due notice to the parties
in interest, and decide the same within a reasonable time. Upon hearing,
any party may appear in person, by agent or by attorney.
H. Authority of Zoning Board of Adjustment:
The
Zoning Board of Adjustment shall have the following powers:
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 of the City in the enforcement of this ordinance.
2. To
hear and decide special exceptions to the terms of this ordinance
upon which the Board is required to pass under this ordinance, if
any.
3. To
authorize upon appeal in special cases, such variances from the terms
of this ordinance as will not be contrary to the public interest,
where, owing to special conditions, the literal enforcement of the
provision of this ordinance will result in unnecessary hardship, so
that the spirit of this ordinance shall be observed and substantial
justice done.
4. To
permit in any district such modification of the requirements of the
district regulations as the Board may deem necessary to secure an
appropriate development of a lot where adjoining such lot on two (2)
or more sides there are lots occupied by buildings which do not conform
to the regulations of the district.
I. Exercising of Powers:
In exercising its powers,
the Zoning Board of Adjustment may, in conformity with the provisions
of this ordinance and the provisions of Articles 1011a to 1011j, Tex.
Rev. Civ. Stat. Ann. (Vernon), as amended, reverse or affirm, wholly
or partly, or may modify the order, requirement, decision or determination
appealed from and may make such order, requirement, decision or determination
as should be made, and to that end shall have all the powers of the
officer from whom the appeal is taken.
1. The
concurring vote of four (4) members of the Board shall be necessary
to revise any order, requirement, decision or determination of any
such administrative official, or to decide in favor of the applicant
on any matter upon which it is required to pass under the ordinance,
or to effect any variation to this ordinance.
2. Any
person or persons, jointly or severally, aggrieved by any decision
of the Zoning Board of Adjustment, or any taxpayer, or any officer,
department, board or bureau of the City may present to a court of
record a petition, duly verified, setting forth that such decision
is illegal, in whole or part, specifying the grounds of the illegality.
Such petition shall be presented to the court within ten (10) days
after the filing of the decision in the office of the Zoning Board
of Adjustment.
J. Waiting Period:
No appeal to the Zoning Board
of Adjustment shall be allowed on the same piece of property or on
the same or similar question prior to the expiration of one year from
the date of a ruling of the Zoning Board of Adjustment on any appeal
to such body unless other property in the same zoning area shall have,
within such one-year period, been altered or changed by a ruling of
the Zoning Board of Adjustment, in which each [case] such change of
circumstances shall permit the allowance of an appeal.
(Ordinance 1991-13 adopted 11/7/91)
A. Requirements For Public Hearing:
The City Planning
and Zoning Commission shall hold a public hearing on any application
for amendment, supplement, or change in zoning classification prior
to making its recommendation and report to the City Council. Written
notice of all public hearings before the City Planning and Zoning
Commission, on a proposed amendment, supplement or change shall be
sent to all owners of real property lying within two hundred (200)
feet of the property on which the change is requested. Such notice
shall be given not less than ten (10) days before the date set for
hearing, by depositing a notice properly addressed and postage paid
in the United States Post Office to such property owners as the ownership
appears on the last approved City tax roll.
B. Notice of Public Hearing:
A public hearing shall
be held by the City Council before adopting any proposed amendment,
supplement, or change in zoning classification. At least fifteen (15)
days’ notice of the time and place of such hearing shall be
published in the official newspaper of the City of San Saba. Such
hearing may be held jointly with the hearing before the City Planning
and Zoning Commission required pursuant to Section 42(A) [18.4(A)]
of this Ordinance.
C. Zoning Changes that do not Affect Specific Property:
These changes are usually associated with textual changes. When
any proposed amendment, supplement, or change of zoning map or text
of this zoning ordinance does not affect the land use character or
zoning classification of specific property, notice of public hearing
of the Planning and Zoning Commission shall be given by publication
in a newspaper of general circulation in the City of San Saba without
the necessity of notifying property owners by mail. Such notice shall
state the time and place of such hearing and the nature of the subject
to be considered. Such notice shall be published not less than ten
(15) [sic] days prior to the public hearing.
D. Public Hearing Requirements For Vested Rights Determination:
A public hearing shall be held by the Zoning Board
of Adjustment on an application for a vested rights determination.
At least fifteen (15) days’ notice of the date, time and place
of such hearing shall be published in the official newspaper of the
City of San Saba and shall be sent to the applicant and all other
persons who are owners of real property, as the ownership appears
on the last City tax roll, lying within two hundred (200) feet of
the property which is the subject of the application.
(Ordinance 1991-13 adopted 11/7/91)
A. Authorization of Special Exception:
Upon application,
the Zoning Board of Adjustment may authorize, as a special exception
to the otherwise applicable provisions of this ordinance, the issuance
of building permits for a specific proposed development that is not
permitted by the terms of the zoning ordinance whenever the Board
finds that the applicant has demonstrated that he had a preexisting,
investment-backed, good faith expectation that he would be permitted
to commence and complete a specific proposed development that he has
vested under the standards set out in Paragraphs C, D, and E of this
Section.
B. Investment-Backed Expectation:
For the purpose
of this Section, an “investment-backed expectation” is
defined as the expenditure of substantial sums of money which cannot
be recovered or an irreversible change of position that imposes on
the applicant an obligation to expend substantial sums of money in
the future.
C. Considerations for Determination of Vested Rights:
In considering whether a development expectation has vested, the
Board shall consider:
1. Whether
there has been an act of the City of San Saba or an officer or agency
of the City upon which the applicant in good faith has relied to his
detriment in a manner that makes it inequitable to enforce the terms
of the currently effective zoning regulations with respect to the
applicant’s property.
2. The
extent to which the applicant has, prior to the date of notice that
rezoning is in progress, made a substantial commitment of money or
resources directly associated with physical improvements on the land
such as grading, land balancing, installation of utility infrastructure
or other public improvement, or for the design of specific buildings
and improvements to be constructed on the site.
3. The
extent to which the applicant has secured permits for, and commenced
or completed, the construction of subdivision improvements and buildings
in part but not all of a development that was contemplated to extend
over a period of months or years.
4. Whether
the applicant, prior to the date of notice that rezoning is in progress,
has made contractual commitments to complete buildings and deliver
title thereto or occupancy thereof.
5. Whether
the applicant, prior to the date of notice that rezoning is in progress,
has incurred financial obligations to a lending institution which,
despite a thorough review of alternative solutions, the applicant
will be unable to meet unless he is permitted to proceed with the
proposed development.
6. Whether
enforcement of the terms of the currently effective zoning regulations
will expose the applicant to substantial monetary liability to third
persons; or will leave the applicant completely unable, after a thorough
review of alternative solutions, to earn a reasonable return on the
property.
7. Whether
the right of the applicant to commence and complete the proposed development
may have vested only with respect to an identifiable and discrete
portion of the proposed development.
D. Right of the Applicant:
The right of the applicant to commence and complete construction
of a specific proposed development, or a portion thereof, is vested
if the applicant can demonstrate that:
1. The
applicant owned the parcel proposed to be developed on the date of
notice that rezoning was in progress with respect to such parcel and
the specific development proposed for the parcel was then lawful and
permitted.
2. Applying
the considerations set out in Paragraph C of this Section, the development
expectations of the applicant were reasonable and final when formulated
and investment backed.
3. Requiring
that the applicant’s property be developed in accordance with
the currently effective zoning restrictions will, considering the
investment of applicant prior to the date of notice that rezoning
is in progress, deprive the applicant of a reasonable rate of return
on his investment. In determining the reasonableness of the projected
rate of return, the following categories of expenditures shall not
be included in the calculation of the applicant’s investment:
(a) Expenditures for professional services that are unrelated to the
design or construction of the improvements proposed for the projected
development;
(b) Expenditures for taxes, except for any increases in tax expenditures
which result from governmental approvals or the construction of improvements
on the property of the applicant;
(c) Expenditures which the applicant has allocated to the particular
proposed development but which the applicant would have been obliged
to incur as an ordinary and necessary business expense (for example,
employee salaries, equipment rental, chattel mortgage payments) had
the plan for the particular development not been formulated.
E. Relationship of Property:
The fact the property
has been or is in a particular zoning classification under this ordinance,
or any prior zoning ordinance of the Town, shall not, in itself, establish
that an applicant’s right to develop has vested.
F. Filing of Application for Determination of Vested Rights:
Any person, firm, or corporation having an ownership interest
in property may file an application for a determination that the right
to commence and complete a specific development on that property has
vested. Such application shall be filed with the Zoning Board of Adjustment,
shall contain a recital of the facts which are claimed to support
the vested rights claim, and shall contain such other information
as the City Staff may specify.
G. Records:
A stenographic transcript of the public
hearing and the deliberations of the Zoning Board of Adjustment on
vested rights applications shall be kept.
H. Written Findings:
Within thirty (30) days after
the public hearing on an application, the Zoning Board of Adjustment
shall file its written findings of fact and conclusions and serve
the same by certified mail on the applicant and each person who filed
an appearance in the public hearing.
I. Minimum Rate of Return:
Any determination made
by the Board with respect to the vesting of development rights shall
be the minimum necessary to provide the applicant with a reasonable
rate of return on his investment made before a notice of rezoning
in progress with respect to his property.
J. Expiration Period:
A determination of the Board
with respect to vested rights under this Section shall expire and
be of no further force or effect unless construction is actually commenced
within one (1) year of the date the determination is made.
K. Time Limit:
Any person, firm or corporation claiming
a vested right to commence and complete a specific proposed development
who does not file an application for a determination under this Section
within six (6) months after the effective date of an amendatory ordinance
rezoning his property so as to prohibit his proposed development shall
be deemed to have waived his right to seek such a determination.
(Ordinance 1991-13 adopted 11/7/91)
Any person, firm or corporation violating any provisions of
this Ordinance is guilty of a misdemeanor and shall be fined not less
than Twenty Dollars ($20.00). Each day such violation continues shall
constitute a separate offense.
(Ordinance 1991-13 adopted 11/7/91)
It is hereby declared to be the intention of the City Council
of the City of San Saba that the sections, paragraphs, sentences,
clause[s] and phrases of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall
be declared unconstitutional, illegal or invalid, such unconstitutionality
or invalidity shall not affect any 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 1991-13 adopted 11/7/91)
In any complaint and in any action or proceeding brought for
the enforcement of any provision of this ordinance, it shall not be
necessary to negate any exception, excuse, provision or exception
contained in this ordinance, and the burden of proof of any such exception,
excuse, provision or exemption shall be upon the defendant.
(Ordinance 1991-13 adopted 11/7/91)
That this ordinance shall be cumulative of all other ordinances
of the City and shall not repeal any of the provisions of said ordinances
except in those instances where provisions of those ordinances are
in direct conflict with the provisions of this ordinance. Provided,
however, that Ordinance No. 87-23 is hereby repealed in its entirety.
(Ordinance 1991-13 adopted 11/7/91)
This ordinance shall be in full force and effect from and after
its date of passage and publication as required by law.
(Ordinance 1991-13 adopted 11/7/91)