No building or structure hereafter shall be erected and no existing
building or structure shall be moved, altered, added to or enlarged,
nor shall any land or structure be used or arranged for any purpose
or manner other than those permitted within the assigned zoning districts
and specific provisions of this Ordinance. This Article describes
the organization and roles of review bodies under this Ordinance.
(Ordinance 782-2020 adopted 6/18/20; Ordinance 819-2021 adopted 8/19/21)
Nothing in this Ordinance shall be deemed to require any change
to the plans, plats, lots or buildings that was previously approved
prior to the effective date of this Ordinance, unless allowed by law.
(Ordinance 782-2020 adopted 6/18/20; Ordinance 819-2021 adopted 8/19/21)
2.3.1
POWERS
AND DUTIES.
In addition to any authority granted to the
City Council by state law, or other City Ordinance, the City Council
may:
A.
Adopt, make
modifications to, and implement the comprehensive plan and supporting
studies;
B.
Amend, supplement,
or change the regulations established in this Ordinance;
C.
Amend, supplement,
or change the zoning district boundaries;
D.
Annex land
into the corporate limits of the City according to Texas Local Government
Code Chapter 43, as amended.
E.
Establish
fees for processing development applications, zoning verification
letters, zoning maps, or other applications required by this Article.
F.
Grant, deny, or impose conditions for a Conditional Use Permit consistent with the purposes stated in Section 3.2.
G.
Appoint
and remove members of the Planning and Zoning Commission, and Zoning
Board of Adjustment.
(Ordinance 782-2020 adopted 6/18/20; Ordinance 819-2021 adopted 8/19/21)
2.4.1
ESTABLISHMENT.
The Planning and Zoning Commission is established in accordance
with the provisions of Chapter 211 of the Local Government Code.
2.4.2
POWERS
AND DUTIES.
In addition to any authority granted to the
Planning and Zoning Commission by state law, or other Ordinances of
the City, the Planning and Zoning Commission may:
A.
Make recommendations
to the City Council about adoption, modification, and implementation
of the comprehensive plan and supporting studies;
B.
Make recommendations
to the City Council concerning amendments to this Ordinance and the
creation or modification of zoning districts;
C.
Make recommendations
to the City Council concerning the rezoning of land and approval of
certain applications specified in this Ordinance;
D.
Make recommendations
to the City Council about adopting or amending the Comprehensive Plan,
and the Thoroughfare Master Plan;
E.
Consider
and report to the City Council about new public ways, lands, buildings,
bridges, extensions, or street openings and their relation to the
comprehensive plan;
F.
Conduct
related business and make other recommendations on matters that are
specifically requested, assigned, or required by the City Council
or Zoning Administrator.
2.4.3
MEMBERSHIP
AND APPOINTMENT.
A.
Membership:
The Planning and Zoning Commission shall consist of seven (7)
members. Each member shall reside in the City of Joshua, Texas, and
shall have qualifications as determined by the City Council. All members
shall serve without pay and until their successor is duly appointed
and qualified.
B.
Appointment
and Removal:
The City Council shall appoint the Planning
and Zoning Commission. Each of the seven (7) seats for the Planning
and Zoning Commission shall serve at the will and pleasure of the
City Council and may be removed by the City Council. Any member who
misses three successive meetings without commission authorization
is deemed to have resigned. The City Council may appoint two (2) alternate
members of the Planning and Zoning Commission who shall serve in the
absence of one or more of the regular members when requested to do
so by the Chairperson of the Planning and Zoning Commission so that
all matters shall be heard by a minimum of four (4) Planning and Zoning
Commission members.
C.
Each Commissioner
shall be appointed for a two-(2) year term beginning October 1st.
No members shall serve for more than four (4) consecutive terms or
eight (8) years (whichever is less).
D.
Officers:
The members of the Planning and Zoning Commission shall organize
and elect their own officers of a Chairperson and Vice-Chairperson,
who will serve one (1) year terms.
E.
Vacancies:
The City Council shall fill any vacancies for the unexpired
term. The appointment procedure for vacancies is the same as for an
original appointment.
2.4.4
MEETINGS,
HEARINGS, AND PROCEDURES.
A.
All meetings
and hearings of the Planning and Zoning Commission are subject to
state laws governing open meetings.
B.
The Planning
and Zoning Commission is authorized to conduct public hearings jointly
with the City Council or separately as a Planning and Zoning Commission
as deemed necessary and as allowed by law.
C.
A member
of the Planning and Zoning Commission shall abstain from voting whenever:
(Ordinance 782-2020 adopted 6/18/20; Ordinance 819-2021 adopted 8/19/21)
2.5.1
ESTABLISHMENT.
A Zoning Board of Adjustment is established in accordance with
the provisions of Chapter 211 of the Local Government Code.
2.5.2
BOARD
ACTION.
A.
The Zoning
Board of Adjustment may:
1.
Hear and
decide an appeal that alleges error in an order, requirement, decision,
or determination made by an administrative official that is not related
to a specific application, address or project in the enforcement of
state law regarding zoning or this Ordinance;
2.
Hear and
decide an appeal that alleges error in an order, requirement, decision
or determination made by an administrative official that is related
to a specific application, address, or project by the following persons:
a.
A person
who filed the application that is the subject of the decision;
b.
A person
that is the owner or representative of the owner of the property that
is the subject of the decision; or,
c.
A person
that is aggrieved by the decision and is the owner of real property
within two hundred (200) feet of the property that is the subject
of the decision, or;
d.
Any
officer, department, board, or bureau of the municipality affected
by the decision.
3.
Hear and
decide Special Exceptions to the terms of a Zoning Ordinance when
the Ordinance requires the Zoning Board of Adjustment to do so;
4.
Authorize
in specific cases a variance from the terms of a Zoning Ordinance
if the variance is not contrary to the public interest and, due to
special conditions, a literal enforcement of the Zoning Ordinance
would result in unnecessary hardship, and so that the spirit of the
Ordinance is observed and substantial justice is done. A hardship
may not be financial in nature;
5.
Hear and
decide matters relating to nonconforming uses as set forth herein;
and
6.
Hear and
decide other matters authorized by an Ordinance adopted under state
law.
B.
In exercising
its authority under Subsection A.1, the Zoning Board of Adjustment
may reverse or affirm, in whole or in part, or modify the administrative
official’s order, requirement, decision, or determination from
which an appeal is taken and make the correct order, requirement,
decision, or determination, and for that purpose the Zoning Board
of Adjustment has the same authority as the administrative official.
The Zoning Board of Adjustment’s decision shall be deemed filed
in the City Secretary’s Office on the first business day following
the date on which action was taken by the Zoning Board of Adjustment.
C.
The concurring
vote of seventy-five (75) percent of the members of the Zoning Board
of Adjustment is necessary to:
2.5.3
MEMBERSHIP.
A.
Appointment.
1.
For the
purposes of this Section, except as otherwise indicated, the terms
“member” and “alternate” are synonymous.
2.
The Zoning
Board of Adjustment consists of five (5) members and up to two (2)
alternates, each to be appointed by the City Council for a term of
two (2) years. Alternates shall serve in the absence of one or more
of the regular members when requested to do so by the Chairperson,
so that all cases to be heard by the Zoning Board of Adjustment will
always be heard by a minimum number of four (4) members. Vacancies
are filled for the unexpired term of any member, whose place becomes
vacant for any cause, in the same manner as the original appointment
was made. Each member reappointed or each new appointee must serve
for a full term of two (2) years unless removed as provided below.
B.
Terms of
Office.
1.
Each Zoning
Board of Adjustment member and alternate member shall serve for a
term of two (2) years. The terms of three (3) of the members, and
one (1) alternate member shall begin on October 1st of each odd-numbered
year, and the terms of two (2) of the members and the other alternate
member shall begin on October 1st of each even-numbered year.
2.
The members
of the Zoning Board of Adjustment 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.
3.
No members
shall serve for more than four (4) consecutive terms or eight (8)
years (whichever is less).
C.
Removal.
1.
Members
of the Zoning Board of Adjustment or alternate members may be removed
from office by the City Council for cause upon written charges and
after public hearing. Cause for removal shall include missing more
than two (2) consecutive meetings or three (3) meetings in any one
(1) 12 month period or such other misconduct as the City Council may
define by resolution.
2.5.4
PROCEEDINGS.
A.
Meetings.
1.
The Zoning
Board of Adjustment shall hold an organizational meeting on the second
Thursday in November of each year and shall elect officers from among
its members before proceeding to any other matters of business.
2.
Meetings
shall be held at the call of the Chairperson and at such other times
as the Zoning Board of Adjustment may determine.
3.
All meetings
shall be open to the public except for purposes as permitted by the
Texas Open Meetings Act.
B.
Minutes.
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 City Secretary
the next business day following the action taken by the Zoning Board
of Adjustment. The City Secretary’s office is designated as
the office of the Zoning Board of Adjustment.
C.
Rules.
The Zoning Board of Adjustment shall adopt rules necessary to
the conduct of its affairs which shall conform with the provisions
of this Ordinance and state statutes. The rules shall not become effective
unless the Zoning Board of Adjustment has furnished a copy of the
rules to the City Manager.
D.
Quorum.
A quorum for the conduct of business shall consist of four (4)
members of the Zoning Board of Adjustment.
E.
Attendance.
The members of the Zoning Board of Adjustment shall regularly
attend meetings and public hearings of the Zoning Board of Adjustment
and shall serve without compensation.
2.5.5
VOTING.
A.
Votes required.
The concurring vote of four (4) members of the Zoning Board
of Adjustment is necessary to reverse an order, requirement, decision
or determination of an administrative official; decide in favor of
an applicant on a matter on which the Zoning Board of Adjustment is
required to pass; or authorize a variance from the provisions of this
Ordinance.
B.
Disqualification
from voting.
1.
A member
of the Zoning Board of Adjustment shall abstain from voting whenever
he finds that he or she has a personal or monetary interest in the
property under appeal, or that he or she will be directly affected
by the decision of the Zoning Board of Adjustment; or as otherwise
required by the Texas Local Government Code, as amended.
2.
A member
may disqualify himself or herself from voting whenever any applicant,
or the applicant’s agent, has sought to influence the vote of
the member on the appeal, other than in the public hearing.
2.5.6
OFFICERS.
A.
The Zoning
Board of Adjustment members shall select a chairman and vice-chairman
from among its members.
B.
Duties of
the officers of the Zoning Board of Adjustment shall be as follows:
1.
The chair
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 judge.
2.
The vice-chair
shall assist the chair in directing the affairs of the Zoning Board
of Adjustment and act in the absence of the chair.
C.
Officers
will serve for a term of one (1) year or until their successors are
appointed.
2.5.7
OTHER
POWERS OF THE ZONING BOARD OF ADJUSTMENT.
A.
Railroads.
The Zoning Board of Adjustment may permit the erection and use
of a building or the use of premises for railroads if such uses are
in general conformance with the comprehensive plan and present no
conflict or nuisance to adjacent properties.
B.
Utility
Structures.
The Zoning Board of Adjustment may permit
a public utility structure in any district, or a public utility building
of a ground area and of a height at variance with those provided for
in the district in which such public utility building is permitted
to be located, when found reasonably necessary for the public health,
convenience, safety, or general welfare.
C.
Regulations
Affecting Two Lots.
The Zoning Board of Adjustment may
grant a permit for the extension of a use, height or area regulation
into an adjoining district, where the boundary line of the district
divides a lot in a single ownership on the effective date of this
Article.
D.
Regulations
Regarding Parking.
The Zoning Board of Adjustment may
waive or reduce the parking and loading requirements in any of the
districts, when: (1) the character or use of the building is such
as to make unnecessary the full provision of parking or loading facilities;
or (2) when such regulations would impose an unreasonable hardship
upon the use of the lot. The board shall not waive or reduce such
requirements merely for the purpose of granting an advantage or a
convenience.
(Ordinance 782-2020 adopted 6/18/20; Ordinance 819-2021 adopted 8/19/21)
