Division 11: Administration and Procedures

§ 9.03.343 Administrative bodies, powers, and duties.

City council.

The city council has all powers conferred upon it by article 2.02, City Council, of the Kermit Code of Ordinances, and State of Texas law. With respect to decision-making pursuant to this Zoning Code, in addition to the authorized acts of the Code of Ordinances, the city council will exercise the powers set out in this section.

(1)

After a public hearing is held and after reports and recommendations are provided by the administrator, the commission, or another board, commission, or committee, the city council shall hear and decide the following:

(A)

Plans and programs for the development and redevelopment of its area of jurisdiction, when applicable in this Zoning Code. This includes, but is not limited to, amending the text and maps of the comprehensive plan or other plans from time to time;

(B)

Proposed amendments to the text of this Zoning Code;

(C)

Proposed amendments to the official zoning map;

(D)

Any other action not delegated to any other board or commission as the city council may deem desirable and necessary to implement the provisions of this zoning ordinance and the goals and objectives of the city, provided such action is not contrary to the requirements of this Zoning Code or State of Texas law.

(b)

Planning and zoning commission.

Refer to article 2.03, division 2 of the Kermit Code of Ordinances.

(c)

Board of adjustment.

Refer to article 2.03, division 3 of the Kermit Code of Ordinances.

(d)

Administrator.

The city manager is the administrator responsible for processing an application to decide (in case of administrative approval) or recommend to another review body (in case of public meeting and hearing approvals). The administrator shall designate staff members to manage applications through the review process and to be points of contact for applicants, and to perform such other functions and duties as may be required of the administrator by this Zoning Code. The administrator may also designate review responsibilities to other members of city staff with relevant technical training or expertise, or, as appropriate, to consultants that are authorized by the city council.

(1)

Duties and responsibilities.

Such duties may be allocated by the administrator in the exercise of the responsibilities without amendment to this Zoning Code.

(A)

Interpret the general intent and/or specific meaning of any portion of this Zoning Code text, position of district boundaries, district designation, or other matters relating to the official zoning map;

(B)

Maintain the official zoning map and record all amendments to and information thereon;

(C)

Provide public information relating to zoning matters including scheduled meetings of the commission and board;

(D)

Receive, process, and record all applications in this Zoning Code with accompanying plans and documents, all of which shall be a public record;

(E)

Register and maintain records and maps of nonconforming uses, buildings, structures, lighting, landscaping, bufferyards, signs, parking and loading, site access, site improvements, and lots;

(F)

Revoke permits or certificates in violation of the provisions of this Zoning Code;

(G)

Serve as staff liaison to the commission and in that capacity when requested to do so by the commission, attend the meetings of the commission, inform them of all facts and information with respect to any matter brought before the commission and perform other duties as may be assigned by this Zoning Code and by the rules of the commission;

(H)

Serve as staff liaison to the board of adjustment and attend all meetings, inform the board of all facts and information at his/her disposal with respect to any matter brought before the board, perform such other duties as may be assigned to him/her by this Zoning Code by the rules of the board;

(I)

Initiate and continue such social, economic, physical, and environmental studies as may be necessary or appropriate for the development and revision of the comprehensive plan by the commission; and

(J)

Identify ordinance violations and enforce the provisions of this Zoning Code and approvals.

(Ordinance 20-07, sec. 156.11.03, adopted 11/19/20)

§ 9.03.344 Application submittal and processing.

(a)

General application processing.

Except where this Zoning Code or State of Texas law provides otherwise, the following procedures are required:

(1)

Application.

For requests not initiated by the city or commission, an application shall be submitted on a form approved by the administrator. The administrator may waive certain submittal requirements to tailor the requirements to the information necessary to review an application. Application forms shall include:

(A)

Identification of property owner and authorized agent;

(B)

Description of the property and the nature of the development that is the subject of the application;

(C)

Identification of all zoning classifications for the property;

(D)

Identification of all pending legislative applications for the property;

(E)

Identification of decisions on all quasi-judicial or administrative applications for the property that remain in effect;

(F)

Application signed by the owner of an interest in the land subject to the application, or the owner’s designated agent; and

(G)

Any other information deemed appropriate by the administrator.

(2)

Fees.

The city council shall from time to time establish fees by resolution for the processing and review of the various applications that are required by this Zoning Code. The fees shall be reasonable but shall not exceed the actual costs to review the applications. Fees are nonrefundable once an application is deemed complete by the administrator.

(3)

Payment of indebtedness.

No application shall be accepted or reviewed for completeness from a person who owes delinquent taxes, assessments, any fees, or is otherwise indebted to the city until the taxes, assessments, debts, or obligations shall have been first fully discharged by payment, or until an arrangement has been made for the payment of such debts or obligations.

(4)

Administrator referral.

Upon receipt of a complete application, the administrator:

(A)

May circulate the application to all other administrative officials and departments whose review is required for a decision on the application and shall compile the comments and recommendations of the officials.

(B)

May refer any application in this Zoning Code for review and approval of the commission and council, subject to the procedures in section 9.03.345, Development Review Procedures, when an application presents such scale, intensity, or interpretation that warrants additional public review, professional input, or council authority.

(C)

Shall refer the application for action at the next scheduled meeting when an application in this Zoning Code requires review and approval by the commission, board, city council, or other agency, provided the application is submitted at least fifteen (15) days prior to the next scheduled meeting, unless the applicant shall agree to some later time.

(5)

Notice requirements.

Unless otherwise provided in this code, when a public hearing is required, notice of public hearings shall be provided before the fifteenth (15th) day before the date of the hearing, which the notice shall provide the time, date, and place of such hearing first be published [sic] in a newspaper having a general circulation in the city.

(6)

Public hearing.

When a public hearing is required, prior to making any recommendation or action on the respective permit, plan, or item, or part thereof, to the commission and city council, shall set and conduct a public hearing in accordance with State of Texas law.

(7)

Decisions.

Except where this Zoning Code or State of Texas law provides otherwise, official action requires the favorable vote of a majority of a quorum present. Any time limit specified in this Zoning Code for any decision or action on behalf of a review or decision-making body may be extended if the applicant agrees to an extension in writing or on the record during the applicable hearing or if the administrator determines that a delay of one meeting is necessary for completion of the review.

(b)

Pre-application meeting.

(1)

Purpose.

The pre-application meeting is intended to allow for the exchange of non-binding information between the applicant and city staff to ensure that the applicant is aware of pertinent city development regulations and processes.

(2)

Timing.

Potential applicants are encouraged, and where stated in this Zoning Code, required to meet with the administrator prior to application to discuss the proposal. The administrator shall inform the applicant on the details of the development process.

(c)

Complete applications.

Every required application shall be subject to a determination of completeness by the administrator for processing the application, as follows:

(1)

Acceptance standards.

The application shall only be accepted by the administrator for processing when it is accompanied by all documents required by, and prepared in accordance with, the requirements of this Zoning Code. A typographical error shall not, by itself, constitute an incomplete application.

(2)

Decision.

A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Zoning Code.

(Ordinance 20-07, sec. 156.11.04, adopted 11/19/20)

§ 9.03.345 Development review procedures.

(a)

Comprehensive plan.

Upon adoption, the comprehensive plan shall be considered an official statement of the policy of the City of Kermit. Adoption procedures shall follow those required by State of Texas law and the city Code of Ordinances with review by the commission and approval by the city council.

(1)

Administration.

Following its adoption, a comprehensive plan may be amended by the council at any time, based on recommendation from the commission, in the same procedures as adoption.

(2)

Public hearing.

The commission, prior to making any recommendation for the adoption or amendment of the comprehensive plan, or part thereof, to the city council, shall set, notice, and conduct a public hearing as permitted and limited by applicable State of Texas law and section 9.03.344, Application Submittal and Processing.

(3)

Commission report.

Following such public hearing, the commission shall recommend action to approve, approve with conditions, or deny the application. A vote either for or against an amendment by a majority of all commission members shall constitute a recommendation to the city council. If the commission makes no report within thirty (30) days, it shall be considered to have made a report approving the plan.

(4)

Council vote.

Within thirty (30) days of the receipt of a recommendation by the commission, the city council shall set, notice, and conduct a public hearing as permitted and limited by applicable State of Texas law and section 9.03.344, Application Submittal and Processing, to review and consider the comprehensive plan for adoption. The city council may approve, approve with conditions, refer back to the commission, or deny the comprehensive plan, upon a recommendation of the commission. Approval shall be made by resolution.

(5)

Approval or amendment criteria.

The following criteria shall be considered to determine whether a comprehensive plan shall be approved or amended:

(i)

A proposed map amendment is warranted by changing conditions in the area, or it corrects an error in fact concerning the property’s future land use classification at the time of the original plan adoption;

(ii)

If the map amendment is approved, there will be an adequate supply of land permitted in the category being changed;

(iii)

A proposed text amendment furthers the goals, objectives, and policies of the comprehensive plan;

(iv)

A proposed text amendment advances a legitimate public need; and

(v)

A proposed text amendment is warranted by changing conditions or a current need.

(b)

Building permit.

The administrator, or his/her designee shall review, evaluate, and act on all building permits submitted pursuant to this procedure.

(1)

Application.

To obtain a building permit, the applicant shall file an application on a form approved by the administrator subject to section 9.03.344, Application Submittal and Processing, and be accompanied by plans and specifications for proposed construction, including the estimated construction value.

(2)

Notification of completion.

Any party having obtained a building permit shall notify the administrator when the erection or alteration of the building or structure is completed. The certificate of occupancy and certificate of zoning compliance shall then be issued if the building is found to follow this Zoning Code and any other building requirements of the city.

(c)

Site plan review.

The site plan review procedure provides for review in addition to building permit and plan review required by other sections of the Kermit Code of Ordinances for projects that have potentially significant effects on traffic circulation or a significant effect on land uses in adjacent neighborhoods. The procedure provides for review and evaluation of site development features and possible mitigation of unfavorable effects on surrounding property.

(1)

Administration.

The administrator, or his/her designee shall review, evaluate, and act on all site plans submitted pursuant to this procedure. An applicant may appeal a denial of any application to the board of adjustment.

(2)

Applicability.

Site plan review is required for all nonresidential uses in the City of Kermit.

(3)

Pre-application conference.

Potential applicants are required to meet with the administrator prior to application to discuss the proposal. The administrator shall inform the applicant on the details of the site plan process.

(4)

Application.

An application for a site plan review may be filed by the owner(s) of a property or the owners’ authorized agent with the administrator. The application shall follow section 9.03.344, Application Submittal and Processing. Additional information may include:

(A)

Any other information that may be required for review by the administrator, or his/her designee, such as stormwater management plans, utility plans, landscaping plans, architectural elevations, and off-site improvements.

(5)

Decision.

The administrator, or his/her designee, after consultation with other applicable city staff, shall review and approve, approve with conditions, refer, or deny the site plan based on the criteria below and conformance with applicable regulations in this Zoning Code. The administrator, or his/her designee must act upon each complete application within thirty (30) days of filing. The decision shall be communicated to the applicant in writing along with any recommendations.

(6)

Approval criteria.

The administrator, or his/her designee (or the board of adjustment in cases of appeal), shall make the following findings before approval of the site plan:

(A)

Be designed to minimize impacts on the reasonable development expectations or the use and enjoyment of adjacent land or the public interest, consistent with the applicable standards of this Zoning Code;

(B)

Include adequate circulation as to not overwhelm the existing off-site transportation system, create traffic hazards, and safe pedestrian access;

(C)

Protect public health and safety against natural and man-made hazards which include, but are not limited to, traffic noise, water pollution, and flooding;

(D)

Provide for compatibility between the proposed development, surrounding land uses (existing or planned), and the natural environment;

(E)

Any required modifications to the site plan are reasonable and are the minimum necessary to minimize potentially unfavorable effects; and

(F)

The site plan conforms to this Zoning Code and intent of the comprehensive plan.

(7)

Referral.

The administrator may refer a site plan application to the commission for their review and recommendation to the city council, subject to the public hearing requirements in section 9.03.344, Application Submittal and Processing. Referral may be required when, but not limited to:

(A)

Discretion is required as to the level of conformity of the site plan with the standards of this Zoning Code and the policies and objectives of city plans.

(B)

The project is of such scale and intensity that that warrants additional public review or professional input and recommendations from other agencies or organizations.

(C)

This Zoning Code specifically states a use requires review by that the commission and/or city council.

(8)

Term.

A site plan approval shall become void two (2) years after the date of approval, unless the applicant receives a building permit and diligently carries out development prior to the expiration of this period.

(9)

Modification.

The administrator, or his/her designee, may approve an application to modify a previously approved site plan if he/she determines that the modification does not affect findings related to the approval criteria.

(10)

Revoking of approval.

The administrator, or his/her designee may revoke a site plan approval if he/she determines that the development is not complying with the terms and conditions of the approval. Such revocation may be appealed to the board of adjustment.

(11)

Effect of approval.

An approval pursuant to this subsection shall run with the land until the expiration date of such approval. Upon approval the applicant may proceed with requests for other required approvals or permits.

(12)

Resubmittal.

If the administrator, commission, or city council deny a site plan application, a new application affecting the same property may be submitted only if substantial change is made in the plans.

(d)

Special exception.

Special exception is a permission given by the board properly authorized by this Zoning Code in specific cases for an applicant to use his property in a manner contrary to the provisions of this Zoning Code provided such use serves the general welfare and preserves the community interest.

(1)

Administration.

The board of adjustment may, in appropriate cases and subject to appropriate conditions and safeguards according to this subsection, make special exceptions to the terms of this code in harmony with its general purpose and intent and in accordance with the general and specific rules herein contained.

(2)

Application.

The applicant shall submit a special exception application to the administrator. An application for a special exception shall follow section 9.03.344, Application Submittal and Processing.

(3)

Jurisdiction.

The board of adjustment may after public notice and hearing and subject to the conditions and safeguards herein contained, authorize special exceptions to this code as follows:

(A)

Permit the reconstruction, extension and/or enlargement of a building and/or lot occupied as a nonconforming use;

(B)

Permit such modification of a yard, lot area, or lot width requirement as may be necessary to secure appropriate improvement of a parcel of land where such parcel was separately owned on the effective date of this code, and is not adjacent to another parcel of the same ownership and where such parcel is of such size that it cannot be improved without such modification or of such restricted area that it cannot be appropriately improved without such modification.

(4)

Public hearing.

The board of adjustment shall hold a public hearing on all special exceptions.

(A)

Mail notice.

Written notice of all such public hearings shall be sent by the administrator to the applicant and all other persons deemed by the board to be affected thereby, and all owners of real property lying within 200 feet of the property on which the variance is proposed, such notice to be given not less than ten (10) days before the date set for hearing to all such owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll.

(B)

Public notice.

Notice shall also be given by publishing the same in a newspaper of general circulation in the city at least ten (10) days prior to the date set for hearing, which notice shall state the time and place of such hearing; provided, however, all provisions contained herein with respect to the mailing and publishing of notices of hearing shall be deemed sufficient upon substantial compliance with this section.

(5)

Board vote.

Within thirty (30) days following the close of the public hearing, the board of adjustment shall render a decision on the special exception based on the merits of the application, their findings of fact, and deliberations. Such decision may reverse, affirm, or modify, in whole or in part, the action from which the special exception is taken. Within seven (7) days of such decision, or the expiration of such period, notice of such decision or failure to act shall be mailed by the administrator to all parties entitled to such notice.

(6)

Approval criteria.

A special exception may be granted an applicant when the board finds:

(A)

That the granting of such exception will not be injurious or otherwise detrimental to the public health, safety, morals and the general welfare of the general public, and;

(B)

That the granting of such exception will not be substantially or permanently injurious to the property or improvement in such zone or neighborhood in which the property is located, and;

(C)

That the granting of such exception will be in harmony with the general purpose and intent of this code.

(D)

In determining its finding, the board shall take into account the character and use of adjoining buildings and those in the vicinity, the number of persons residing or working in such building or upon such land and traffic conditions in the vicinity.

(7)

Conditions.

In granting any special exceptions under the provisions of this code, the board may designate such conditions in connection therewith which, in its opinion, will secure substantially the purpose and intent of this code.

(e)

Specific use permit.

This section provides for review and approval for uses within zoning districts that have unusual site development or operating characteristics that could adversely affect surrounding properties. The provisions of this subsection apply to all uses designated as specific uses in subsections 9.03.058(b) and 9.03.058(c).

(1)

Administration.

The commission shall review, evaluate and act upon all applications for a specific use permit submitted pursuant to this subsection.

(2)

Pre-application conference.

Potential applicants are required to meet with the administrator before application to discuss the proposal. The administrator shall inform the applicant on the details and advisability of the specific use permit.

(3)

Application.

The applicant shall submit a specific use permit application to the administrator. An application for a specific use permit shall follow section 9.03.344, Application Submittal and Processing.

(4)

Public hearing.

The commission shall hold a public hearing on all specific use permits.

(A)

Mail notice.

Written notice of all such public hearings shall be sent by the administrator to the applicant and all other persons deemed by the commission to be affected thereby, and all owners of real property lying within 200 feet of the property on which the variance is proposed, such notice to be given not less than ten (10) days before the date set for hearing to all such owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll.

(B)

Public notice.

(5)

Approval criteria.

The commission shall review and act upon the request based on the following established criteria and conformance with applicable regulations in this Zoning Code:

(A)

Will be in harmony with the general purpose, goals, objectives and standards of the comprehensive plan and this Zoning Code;

(B)

Will not have a substantial, undue, or adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety and general welfare;

(C)

Will be constructed, arranged, or operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations;

(D)

Will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services;

(E)

Will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance;

(F)

Complies with all additional standards imposed on it by the provisions of the district in which such specific use may be authorized.

(6)

Lapse and revocation of permit.

A specific use permit shall become void 180 days after its effective date if the applicant has not carried out development or occupancy during that period, or sooner if so conditioned by the commission. The commission may revoke a specific use permit should the operation of the use subject to such permit violate the conditions under which the permit was granted.

(7)

Amendments.

No building, premise, or land approved as a special use may be enlarged, modified, structurally altered, or otherwise significantly changed, unless an amendment to the approved specific use is granted for such enlargement, modifications, structural alteration, or change.

(f)

Sign permit.

A sign permit is required for all permitted signs as set out in division 8 of this article, Sign Regulations.

(1)

Administration.

The administrator shall review, evaluate, and act upon all applications for a sign permit submitted pursuant to this subsection.

(2)

Application.

The applicant shall submit a sign permit application to the administrator, who first will review the proposed sign in relation to the dimensional, locational and numerical requirements of this section. An application for a sign permit shall follow section 9.03.344, Application Submittal and Processing, and also include:

(A)

Drawings showing the location of the sign and location and sizes of all other existing signs on the same premises, including the property lines; and

(B)

Information stating the dimensions, supports, sizes, materials, and type of the sign being proposed.

(3)

Administrator action.

Within thirty (30) days of sign permit application submittal, the administrator shall act on the submittal by approving or denying the application. If the application is not acted upon by the administrator within thirty (30) days, the application shall be deemed approved. If the application is denied, then the reasons for the denial shall be communicated to the applicant in writing along with any recommendations.

(4)

Appeal.

Any person or persons aggrieved by the decision of the administrator to approve or disapprove a sign permit, as provided by this article, may appeal such decision to the board of adjustment as provided by subsection (k), Appeals, below.

(g)

Variance.

The variance procedure allows authorization of the board granting relief and doing substantial justice in the use of the applicant’s property by a property owner where, owing to special conditions a literal enforcement of the provisions of this code will result in unnecessary hardship.

(1)

Administration.

The board of adjustment shall only have the authority to grant variances from the Zoning Code not reviewed by other bodies. Examples not within the jurisdiction of the board include, but are not limited to, building code variances, variances for nonconformities, variances to state and federal law, and variances that would allow a use in a district which the use is prohibited.

(2)

Application.

An application for a variance may be filed by the owner of, or any other person having a contractual interest in, the subject property according to the procedures below. Applications for a variance shall be submitted to the administrator. The application shall follow section 9.03.344, Application Submittal and Processing, and include:

(A)

A written statement and evidence supporting the nature and reason for the requested variance, referencing the approval criteria in this subsection.

(3)

Public hearing.

The board of adjustment shall hold a public hearing on all variances.

(A)

Mail notice.

(B)

Public notice.

(4)

Board vote.

In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with these regulations. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of these regulations and punishable under the Kermit Code of Ordinances. In exercising such authority, the board shall be mindful that a variance shall not be granted where:

(A)

The variance will operate to relieve the applicant of conditions or circumstances which are not inherent in the property itself, but rather are the result of the use or development of the property; or which are caused by the division of land after the effective date hereof, which division of land caused the property to be unusable for any reasonable development under the existing regulations; or which were otherwise self-imposed by the present or a previous owner; or

(B)

The variance is grounded solely upon the opportunity to make the property more profitable or to reduce expense to the owner; or

(C)

The variance would modify any requirement or condition placed upon a specific use permit which is in addition to the general requirements and provisions of the Zoning Code; or

(D)

The variance would not only affect a specific parcel of property but would be of such general nature as to constitute, in effect, a change in zoning of said parcel or a larger area or would merit consideration of an amendment to the Zoning Code.

(E)

Within thirty (30) days following the close of the public hearing, the board of adjustment shall render a decision on the appeal based on the merits of the application based on their findings of fact and deliberations. Such decision may reverse, affirm, or modify, in whole or in part, the action from which the variance is taken. Within seven (7) days of such decision, or the expiration of such period, notice of such decision or failure to act shall be mailed by the administrator to all parties entitled to such notice.

(5)

Approval criteria.

The burden of proof shall be on the applicant to establish the facts necessary, which the board of adjustment must find before granting any variance as herein contained. No such variance shall be authorized by the board unless it finds that:

(A)

There are special circumstances existing on the property on which the application is made related to size, shape, area, topography, surrounding condition or location that do not apply generally to other property in the same area and the same zoning district and that said circumstances or conditions are such that the strict application of the provisions of the Zoning Code would deprive the applicant of the reasonable use of such land or building, but not including only financial hardship;

(B)

That granting of the variance on the specific property will not adversely affect the land use pattern as outlined by the land use plan and will not adversely affect any other feature of the comprehensive plan for the area;

(C)

That the variance, if granted, will be no material detriment to the public welfare or injury to the use, enjoyment or value of property in the vicinity; and

(D)

That the variance to be granted is the minimum variance that will relieve the proven hardship.

(h)

Map amendment.

The council may from time to time, on its own motion or petition, amend, supplement, change, modify or repeal by ordinance the boundaries of districts established in this Zoning Code, as provided by State of Texas law, as may be amended. Any proposed amendments, supplement, change, modification or repeal shall be filed with the city clerk.

(1)

Application.

Such proposed amendment, supplement, modification or change shall be filed with the administrator following section 9.03.344, Application Submittal and Processing. Additional information shall include:

(A)

A description of the reason for the map amendment application and the nature and operating characteristics of the proposed use.

(2)

Commission report and public hearing.

The commission shall hold a public hearing on an application for a map amendment or prior to making its report to the city council.

(A)

Mail notice.

Written notice of all public hearings before the commission on a proposed amendment or change shall be sent to all owners of real property within 200 feet of the property on which the change is requested before the tenth (10th) day before the date set for hearing.

(B)

Notice period.

Notice shall be given before the tenth (10th) day before the date set for hearing by posting such notice, properly addressed and postage paid, to each taxpayer as the ownership appears on the last approved city tax roll or county tax roll for the area affected.

(3)

City council public hearings.

Pursuant to section 9.03.344, Application Submittal and Processing, the commission shall make a preliminary report and hold public hearings on that report before submitting a final report to the city council. The city council may not hold a public hearing until it receives the final report of the commission. The city council may not act on the matter until it receives the final report of the commission.

(A)

Public notice.

Notice shall be given by publishing the same in a newspaper of general circulation in the city at least fifteen (15) days prior to the date set for hearing, which notice shall state the time and place of such hearing.

(B)

Council vote.

A majority vote of council members shall indicate approval of a map amendment request, except that three-fourths majority affirmative vote is required to approve a change if a written protest is filed by the owners of at least twenty percent (20%) of either:

(i)

The area of the lots or land covered by the proposed change; or

(ii)

The area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area.

(4)

Approval criteria.

The commission may recommend approval, and the city council may grant the approval of a map or text amendment request if it is demonstrated that:

(A)

The proposed amendment is preferable to the existing zoning or text in terms of its likelihood of advancing the goals, objectives, and policies of the comprehensive plan or another adopted land use or area plan, including but not limited to redevelopment plans;

(B)

The proposed amendment is consistent with the future land use map of the comprehensive plan (a future land use map amendment may be processed concurrently with the map amendment);

(C)

The proposed amendment is consistent with the implementation of existing or pending plans for providing streets, water and wastewater, other utilities, and the delivery of public services to the area in which the parcel proposed for a map amendment is located;

(D)

The range of uses and the character of development that is allowed by the proposed amendment will be compatible with the properties in the immediate vicinity of the parcel proposed for a zone change, and the parcel proposed for a zone change has sufficient dimensions to accommodate reasonable development that complies with the requirements of this Zoning Code, including parking and buffering requirements;

(E)

The pace of development and/or the amount of vacant land currently zoned for comparable development in the vicinity suggests a need for the proposed rezoning to ensure an appropriate inventory of land to maintain a competitive land market that promote economic development; and

(F)

Is consistent with the stated purposes of this Zoning Code.

(i)

Text amendment.

The council may from time to time, on its own motion or petition, amend text regulations or restrictions established in this Zoning Code, as provided by State of Texas law, as may be amended. Any proposed amendments shall be filed with the city clerk.

(1)

Application.

(A)

A description of the reason for the text amendment application.

(2)

Commission report and public hearing.

The commission shall hold a public hearing on an application for a text amendment or prior to making its report to the city council.

(3)

City council public hearings.

Pursuant to section 9.03.344, Application Submittal and Processing, the commission shall make a preliminary report and hold public hearings on that report before submitting a final report to the city council. The city council may not hold a public hearing until it receives the final report of the planning commission. The city council may not act on the matter until it receives the final report of the commission.

(A)

Public notice.

(B)

Council vote.

A majority vote of council members shall indicate approval of a text amendment request.

(4)

Approval criteria.

The commission may recommend approval, and city council may grant the approval of a map or text amendment request if it is demonstrated that:

(A)

(B)

The proposed amendment is consistent with the future land use map of the comprehensive plan (a future land use map amendment may be processed concurrently with the map amendment);

Is consistent with the stated purposes of this Zoning Code.

(j)

Interpretations.

The administrator may render interpretations of any provision of this Zoning Code, or any rule or regulation issued pursuant to it, including interpretations as to whether a use that is not listed is a subcategory of or substantially similar to an allowed, limited, or conditional use. All questions of interpretation and enforcement shall be first presented to the administrator and shall be subsequently presented to the board of adjustment only on appeal from the decision of the administrator.

(1)

Administration.

The administrator shall review, evaluate, and act upon all applications for interpretations submitted pursuant to this subsection.

(2)

Application.

A request for interpretation of any provision of this Zoning Code shall be submitted in writing to the administrator. It shall set out the specific provision or provisions to be interpreted, the facts of the specific situation giving rise to the request for an interpretation, and the precise interpretation claimed by the applicant to be correct. Before the rendering of any interpretation, the administrator may require further facts and information as are, in the administrator’s judgment, necessary to a meaningful interpretation of the provision in question.

(3)

Approval criteria.

The interpretation shall be based on the plain and ordinary meaning of the terms that are subject to the application for an interpretation as set out in Webster’s Third New International Dictionary or other current and authoritative dictionaries, including the context and intent of the applicable code section as related to the comprehensive plan.

(4)

Decision.

Within fifteen (15) working days following the receipt of a completed request or application for interpretation, the administrator shall inform the applicant in writing of the interpretation. The administrator may consult with the city attorney or other officials, departments, or agencies in drafting the interpretation. The administrator shall state the specific precedent, reasons, and analysis upon which such interpretation is based and shall be communicated to the applicant in writing.

(5)

Record.

The administrator shall keep a record of all interpretations issued as a record of an interpretation of the subject code subsection.

(k)

Appeals.

Appeals to the board of adjustment may be taken by any person aggrieved, or by any officer, department, or board of the city affected by any decision of the council, commission, or administrator.

(1)

Administration.

The board of adjustment shall review, evaluate, and act upon all applications for appeals submitted pursuant to this subsection.

(2)

Application.

An appeal shall be filed with the administrator in such form and contain such information as shall be prescribed from time to time by the administrator. An application for an appeal shall be taken within fifteen (15) days after the action the applicant is appealing.

(3)

Procedures.

Such appeal application shall be taken within fifteen (15) working days of filing with the administrator, and with the board of adjustment, a notice of appeal specifying the ground thereof. The administrator shall forthwith transmit to the board all papers constituting the record upon which the action appealed from is taken.

(4)

Stay of proceedings.

Such notice of appeal properly filed as herein provided shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the 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 board of adjustment or by a court of record on application and after notice to the officer from whom the appeal is taken and for due cause shown.

(5)

Public hearing.

The board of adjustment shall hold a public hearing on all appeals.

(A)

Mail notice.

Written notice of all such public hearings shall be sent by the administrator to the applicant and all other persons deemed by the board to be affected thereby, and all owners of real property lying within 200 feet of the property on which the appeal is proposed, such notice to be given not less than ten (10) days before the date set for hearing to all such owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll.

(B)

Public notice.

(6)

Board vote.

Within thirty (30) days following the close of the public hearing, the board of adjustment shall render a decision on the appeal based on the merits of the appeal based on their findings of fact and deliberations. Such decision may reverse, affirm, or modify, in whole or in part, the action from which the appeal is taken. Within seven (7) days of such decision, or the expiration of such period, notice of such decision or failure to act shall be mailed by the administrator to all parties entitled to such notice.

(7)

Approval criteria.

The criteria used by the board of adjustment in their decision may include such order or determination as, in the opinion of the board of adjustment, is proper to be made on the premises. To that end, the board of adjustment shall have the same powers and be subject to the same standards and limitations as the administrator, or other city official, department, or agency, with respect to the action being appealed.

(Ordinance 20-07, sec. 156.11.05, adopted 11/19/20)