3.1.1
COMPLIANCE
WITH ZONING REGULATIONS.
A.
Compliance
with Zoning Regulations Required.
All land, buildings,
structures, or appurtenances thereon located within the City of Joshua
which are hereafter occupied, used, erected, altered, removed, placed,
demolished, or converted shall be occupied, used, erected, altered,
removed, placed, demolished, or converted in conformance with the
zoning regulations prescribed for the zoning district in which such
land or building is located as hereinafter provided.
B.
Authority
to Enter Upon Private Property.
The Administrative Official
may, in the performance of his/her functions and duties under the
provisions of this ordinance, enter upon any land and make examinations
and surveys as deemed necessary in the administration and enforcement
of this ordinance in accordance with all applicable laws.
C.
Building
Permits Prohibited Without Plat.
Except as permitted
by the Subdivision Ordinance, no permit for the construction or placement
of a building or buildings upon any tract or plot shall be issued
unless the plot or tract is part of a plat of record, properly approved
by the Planning and Zoning Commission and City Council and filed in
the Plat Records of Johnson County.
D.
Exclusions.
Nothing herein contained shall require any change in the plans
or construction of a building for which a permit has been applied
for at the time of the passage of this ordinance and which entire
building is completed within one (1) year from the effective date
of this ordinance.
E.
One Main
Building on a Residential Lot or Tract; Street Frontage Required.
Only one main building for one-family or moderate density residential
uses with permitted accessory buildings may be located upon a lot
or tract. Every dwelling shall face or front upon a public street
other than an alley.
F.
Regulations
Applicable to Multiple Buildings.
Where a lot is used
for retail or multi-dwelling purposes, more than one main building
may be located upon the lot but only when such buildings conform to
all the open space, parking, and density requirements applicable to
the uses and districts. No parking area, storage area, or required
open space for one building shall be computed as being the open space,
yard, or area requirements for any other building or use.
3.1.2
PLATTED
PROPERTY TO BE PERMANENTLY ZONED.
A.
Zoning
Required Prior To Approval of Plat.
The City Council
shall not approve any plat of any subdivision within the city limits
until the area covered by the proposed plat shall have been permanently
zoned by the City Council.
B.
Annexation
Prior To Approval of Plat.
The City Council shall not
approve any plat or any subdivision within any area where a petition
or ordinance for annexation or a recommendation for annexation to
the city is pending before the City Council unless and until such
annexation shall have been approved or disapproved by the City Council.
C.
Contemporaneous
Action on Zoning and Annexation.
In the event the City
Council holds a hearing on proposed annexation, it may, at its discretion,
hold a contemporaneous hearing upon the permanent zoning that is to
be applied to the area or tract to be annexed. The City Council may,
at its discretion, act contemporaneously on the matters of permanent
zoning and annexation.
3.1.3
CREATION
OF BUILDING SITE.
A.
Procedure
for Creating Building Site/Lot.
No permit for the construction
of a building or buildings upon any tract or plot shall be issued
until a building site, building tract, or building lot has been created
by compliance with one of the following conditions:
1.
The lot
or tract is part of a plat of record, properly approved by the City,
and filed in the plat records of the county or counties in which the
lot or tract is located.
2.
The lot
or tract faces upon a dedicated street and was separately owned prior
to the effective date of this ordinance or prior to annexation to
the City, whichever is applicable, in which event a building permit
for only one main building conforming to all the requirements of this
ordinance may be issued on each such original separately owned lot
or tract.
3.
The lot
or tract is all or part of a site plan officially approved by the
City and compliance has been made with provisions and improvements
approved on such site plan for all utility and drainage easements,
dedication of streets, alleys and other public improvements required
to meet the standards established for the platting of land. Any lots
or tracts must be provided access via a public street or drive.
3.1.4
AMENDMENTS,
CHANGES AND ADMINISTRATIVE PROCEDURES.
A.
Declaration
of Policy.
The City declares the enactment of these regulations
governing the use and development of land, buildings, and structures
to be a measure necessary to the orderly development of the community.
Therefore, no change shall be made in these regulations or in the
boundaries of the zoning districts except:
B.
Authority
to Amend Ordinance.
The City Council may from time to
time, after public hearings required by law, and after receipt of
the recommendation and report of the Planning and Zoning Commission,
amend, supplement, or change the regulations herein provided or the
classification or boundaries of the zoning districts. Any amendment,
supplement, or change to the text of the Zoning Ordinance and any
change in the classification or boundaries of the zoning districts
may be ordered for consideration by the City Council, may be initiated
by the Planning and Zoning Commission, the City Council, or may be
requested by the owner of the affected real property or the authorized
representative of an owner of affected real property.
C.
Public
Hearing and Notice.
Upon filing of an application for
an amendment to the zoning ordinance and/or map, the Planning and
Zoning Commission shall call a public hearing on said application:
1.
Before
the tenth (10th) day before the public hearing date, written notice
of the hearing before the Planning and Zoning Commission shall be
sent to the owner of the property on which the change in classification
is proposed or his/her agent and each owner, as indicated by the most
recently approved municipal tax roll, of real property within two
hundred (200) feet of the property on which the change in classification
is proposed. Such notice may be served by depositing the same in the
municipality, properly addressed and postage paid, in the United States
mail. Where property lying within two hundred (200) feet of the property
proposed to be changed is located in territory which was annexed to
the City and is not included in the most recently approved municipal
tax roll, notice to such owners of the time and place of the hearing
shall be given by one publication in the official newspaper before
the fifteenth day before the date of the hearing. Failure of owners
to receive notice of hearing shall in no way affect the validity of
the action taken.
2.
If, at
the conclusion of the public hearing, the Planning and Zoning Commission,
shall make a report and recommendation to the City Council concerning
the proposed amendment which report and recommendation shall be by
the affirmative votes of not less than a majority of its total membership
present and voting. A copy of any recommended amendment shall be submitted
to the City Council and shall be accompanied by a report of findings,
summary of hearing and any other pertinent data.
3.
Any proposal
or application may be withdrawn by the applicant after the Planning
and Zoning Commission makes its final report, and such proposal or
application shall not be subject to the provision hereof that a period
of time must pass before a new application is considered. If such
proposal is withdrawn, the City Council will not consider it. Withdrawal
of an application from a public hearing or meeting agenda is at the
review or decision-making authority’s discretion.
4.
In addition
to the foregoing notice, the City shall provide written notice of
each public hearing regarding any proposed adoption of or change to
a zoning regulation or boundary under which a current conforming use
of a property is a nonconforming use if the regulation or boundary
is adopted or changed. The notice shall:
a.
be mailed
by United States mail to each owner of real or business personal property
where the proposed nonconforming use is located as indicated by the
most recently approved municipal tax roll and each occupant of the
property not later than the 10th day before the hearing date;
b.
contain
the time and place of the hearing; and
c.
include
the following text in bold 14-point type or larger: "THE CITY OF JOSHUA
IS HOLDING A HEARING THAT WILL DETERMINE WHETHER YOU MAY LOSE THE
RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE. PLEASE
READ THIS NOTICE CAREFULLY."
D.
Action
of the City Council.
1.
Upon receipt
of the report and recommendation of the Planning and Zoning Commission
of an application to rezone property or to amend the zoning ordinance,
not previously scheduled, the City Council shall schedule the application
or amendment for public hearing and shall give notice of the time
and place of the hearing by one (1) publication in the official newspaper
at least fifteen (15) days prior to such hearing.
2.
When the
Planning and Zoning Commission has recommended to the City Council
that a proposed amendment be approved or disapproved, the City Council
may approve or disapprove the petition or application for amendment
by a simple majority vote of the City Council present and voting.
3.
In the
case of a written protest against an amendment to the ordinance signed
by the owners of at least twenty percent (20%), of either the area
of the lots or land covered by the proposed change or the area of
the lots or land immediately adjoining the area included in the proposed
change and extending two hundred (200) feet from that area, such amendment
shall not become effective except by the favorable vote of three-fourths
(3/4) of all members of the City Council. Written protests shall be
subject to the following requirements:
a.
All
protests must be submitted to the City Secretary in writing before
5:00 p.m. of the fourth (4th) working day immediately preceding the
date advertised for the City Council public hearing in the statutory
notice published in the official newspaper of the City. For example,
a written protest must be received by 5:00 p.m., on the Friday prior
to a regularly scheduled Thursday City Council meeting. A protest
sent through the mail must be received by the City Secretary before
the deadline. Such written protest(s) shall include the zoning case
number, the name of the protesting property owner, the address(es)
or property description(s) of the property for which the property
owner is asserting a protest, the reasons for the property owner’s
protest such as the zoning classifications or uses to which the property
owner is opposed, and the signature of the protesting property owner(s).
b.
In all
cases where a protest has been properly signed pursuant to this Section,
the City shall presume that the signatures appearing on the protest
are authentic and that the persons whose signatures appear on the
protest are either owners of the property or authorized to sign on
behalf of one or more owners as represented. Upon the advice of the
City Attorney, this presumption shall not be followed in a specific
case based on evidence presented.
c.
A person
may by written request withdraw his or her signature from the protest
at any time prior to the close of the public hearing for the zoning
case. If the withdrawal of an owner’s signature from a protest
reduces the percentage of land area ownership protesting the zoning
change to less than twenty percent (20%) of the total area of land,
a three-fourths (3/4) vote of the City Council for approval of the
zoning change shall not be required.
d.
In the
event that multiple protests and withdrawals are filed on behalf of
the same owner, the instrument with the latest date and time of execution
controls.
e.
At any
time before City Council action on a zoning case, the filing deadline
for a protest is automatically extended whenever the zoning case is
postponed or continued to a later date.
4.
In making
its determination, the City Council may consider the following factors:
a.
Whether
the uses permitted by the proposed change will be appropriate in the
immediate area concerned and their relationship to the general area
and the City as a whole.
b.
Whether
the proposed change is in accord with any existing or proposed plans
for providing public schools, streets, water supply, sanitary sewers
and other utilities to the area and shall note the findings.
c.
The
amount of vacant land currently classified for similar development
in the vicinity and elsewhere in the City, and any special circumstances
which may make a substantial part of such vacant land unsuitable for
development.
d.
The
recent rate at which land is being developed in the same zoning classification
as the request, particularly in the vicinity of the proposed changes.
e.
The
manner in which other areas designated for similar development will
be, or are likely to be, affected if the proposed amendment is approved,
and whether such designation for other areas should also be modified.
f.
Any
other factors which will substantially affect the public health, safety,
morals or general welfare.
5.
If the
City Council fails to pass an ordinance approving such proposed amendment,
supplement or change, then in that event, a new application for such
proposed amendment, supplement or change to the zoning ordinance shall
not again be considered until after the expiration of six (6) months
from the date such proposed amendment, supplement or change was rejected;
provided, however, that such application may be reconsidered within
the above mentioned six (6) month period, if it be shown to the City
that a substantial change in conditions has taken place in the vicinity
of the property sought to be rezoned. Newly annexed land which has
been assigned to the Agricultural zoning district is exempt from the
six (6) month waiting period.
6.
In the
event of a reapplication affecting the same land for a zone that will
permit the same use of the property as that which would have been
permitted under the denied application, the same shall not be considered
to be substantially different from the application denied.
E.
Final Approval
and Ordinance Adoption.
If the amending ordinance is
not approved within six (6) months from the date of completion of
the original public hearing, the application for rezoning, at the
option of the City Council, may be rescheduled for another public
hearing.
F.
Changes
in Zoning Regulations Not Involving Particular Property.
Amendments to the Zoning Ordinance not involving a particular property
but involving general changes in the zoning regulations do not require
notice to individual property owners. In such cases, notice of the
required public hearing shall be given by publication in the official
newspaper of the City, stating the time and location of the public
hearing, which time shall not be earlier than fifteen (15) days from
the date of such publication.
3.1.5
SCHEDULE
OF FEES; CHARGES, AND EXPENSES.
A.
Establishment.
The City Council shall establish a schedule of fees, charges,
and expenses, and a collection procedure for building permits, certificates
of zoning compliance, appeals, and other matters pertaining to this
ordinance. The schedule shall be posted in the office of the Administrative
Official and may be altered or amended only by the City Council.
B.
Requirements.
No permits, certificates, Special Exceptions, or variances shall
be issued unless and until such costs, charges, fees, or expenses
have been paid in full, nor shall any action be taken on proceedings
before the Zoning Board of Adjustment unless or until preliminary
charges and fees have been paid in full.
(Ordinance 782-2020 adopted 6/18/20; Ordinance 819-2021 adopted 8/19/21; Ordinance 874-2023 adopted 9/21/2023)
A.
Purpose.
The purpose of the Conditional Use Permit is to allow for review
of uses which would not be appropriate generally without certain restrictions
throughout a zoning district, but which if controlled as to number,
area, location or relation to the neighborhood would promote the health,
safety and welfare of the community. Such uses include colleges and
universities, institutions, community facilities, zoos, cemeteries,
country clubs, show grounds, drive-in theaters and other land uses
as specifically provided for in this ordinance. To provide for the
proper handling and location of such conditional uses, provision is
made for amending this ordinance to grant a permit for a conditional
use in a specific location. This procedure for approval of a Conditional
Use permit includes public hearings before the Planning and Zoning
Commission and the City Council. The amending ordinance may provide
for certain restrictions and standards for operation. The indication
that it is possible to grant a Conditional Use Permit as noted elsewhere
in this ordinance does not constitute a grant of privilege for such
use, nor is there any obligation to approve a Conditional Use Permit
unless it is the finding of the Planning and Zoning Commission and
City Council that such a conditional use is compatible with adjacent
property use and consistent with the character of the neighborhood.
B.
Permit Required.
No conditional use shall be erected, used, altered, occupied
nor shall any person convert any land, building or structure to such
a use unless a Conditional Use Permit has been issued by the City
Council. The granting of a Conditional Use Permit shall be done with
notice and public hearings in accordance with the provisions for amendment
of this zoning ordinance.
C.
Application
Procedure.
An application for a conditional permit shall
be filed with the administrative official on a form prepared by the
City. The application shall be accompanied by the following:
1.
A completed
application form signed by the property owner;
2.
An application
fee as established by the City’s latest adopted schedule of
fees;
3.
A certificate
stating that all city and school taxes have been paid to date;
4.
A property
description of the area where the Conditional Use Permit is proposed
to apply;
5.
A site
plan complying with the requirements stated in this Section which
will become a part of the Conditional Use Permit, if approved; and
6.
Any other
material and/or information as may be required by the Planning and
Zoning Commission, the City Council or the administrative official
to fulfill the purpose of this subsection and to ensure that the application
is in compliance with the ordinances of the City.
D.
Site Plan
Information.
A site plan shall contain, at a minimum the information required by Section 3.3, Site Plan Requirements.
E.
Additional
Information.
The following additional information may
also be required if deemed appropriate by the Administrative Official,
the Planning and Zoning Commission, or City Council.
1.
Copies
of studies or analyses showing the need or demand for the proposed
facility.
2.
Description
of the present use, assessed value and actual value of the land affected
by the proposed facility.
3.
Description
of the proposed use, anticipated assessed value and supporting documentation.
4.
A description
of any long-term plans or master plan for the future use or development
of the property.
5.
A description
of the applicant’s ability to obtain needed easements to serve
the proposed use.
6.
A description
of any special construction requirements that may be necessary for
any construction or development on the subject property.
7.
A traffic
impact analysis and forecast prepared by a qualified professional.
F.
Council
Action.
The City Council may waive the requirement for
submission of any of the information listed in subsection E above,
upon a finding by the Council that the information submitted is sufficient
to determine that the proposed building, use, structure, development
or activity will not have a substantial negative impact on the surrounding
area and that requiring information listed in Subsection E above would
be unreasonably burdensome on the applicant.
G.
Conditions
of Permit Approval.
A Conditional Use Permit shall not
be recommended for approval by the Planning and Zoning Commission
unless the Commission finds that all of the following conditions have
been found to exist:
1.
The proposed
use complies with all the requirements of the zoning district in which
the property is located.
2.
The proposed
use as located and configured will contribute to or promote the general
welfare and convenience of the City.
3.
The benefits
that the City gains from the proposed use outweigh the loss of or
damage to any homes, businesses, natural resources, agricultural lands,
historical or cultural landmarks or sites, wildlife habitats, parks,
or natural, scenic, or historical features of significance, and outweigh
the personal and economic cost of any disruption to the lives, business
and property of individuals affected by the proposed use.
4.
Adequate
utilities, road access, drainage and other necessary supporting facilities
have been or shall be provided for the proposed use.
5.
The design,
location and arrangement of all public and private streets, driveways,
parking spaces, entrances and exits shall provide for the safe and
convenient movement of vehicular and pedestrian traffic without adversely
affecting the general public or adjacent developments.
6.
The issuance
of the Conditional Use Permit does not impede the normal and orderly
development and improvement of neighboring vacant property.
7.
The location,
nature and height of buildings, structures, walls and fences are not
out of scale with the neighborhood.
8.
The proposed
use will be compatible with and not injurious to the use and enjoyment
of neighboring property, nor significantly diminish or impair property
values within the vicinity.
9.
Adequate
nuisance prevention measures have been or shall be taken to prevent
or control offensive odors, fumes, dust, noise, vibration and visual
blight.
10.
Sufficient
on-site lighting shall be provided for adequate safety of patrons,
employees and property, and such lighting shall be adequately shielded
or directed so as not to disturb or adversely affect neighboring properties.
11.
There
shall be sufficient landscaping and screening to ensure harmony and
compatibility with adjacent properties.
12.
The proposed
operation is consistent with the applicant’s submitted plans,
master plans, projections, or, where inconsistencies exist, the benefits
to the community outweigh the costs.
13.
The proposed
use is in accordance with the City of Joshua Comprehensive Land Use
Plan.
H.
Additional
Conditions.
In authorizing a Conditional Use Permit,
the Planning and Zoning Commission may recommend, and the City Council
may impose, additional reasonable conditions necessary to protect
the public interest and the welfare of the community.
I.
Time Limit.
A Conditional Use Permit issued under this division shall become
null and void unless construction or use is substantially underway
within one year of the granting of the permit, unless an extension
of time is approved the City Council.
K.
Amendments
to Conditional Use Permit.
The procedure for amending
a Conditional Use Permit shall be the same as for a new application,
provided the administrative official may approve minor variations
from the original permit which do not change the permitted land uses,
increase density, change traffic patterns, or result in an increase
in external impacts on adjacent properties or neighborhoods.
(Ordinance 782-2020 adopted 6/18/20; Ordinance 819-2021 adopted 8/19/21)
A.
Generally.
Whenever a site plan is required by this Ordinance, such site
plan must conform to the requirements of this Section. Unless otherwise
specified in this Ordinance such as a site plan associated with a
Conditional Use Permit or a Planned Development zoning district, all
site plans must be approved by the City Manager or designee (Administrative
Official). The Administrative Official has the authority to bring
any site plan forward to the Planning and Zoning Commission for recommendation
to the City Council for a final approval. The site plan submitted
in support of an application shall satisfy the requirements for site
plan submittals as specified by the Administrative Official in accordance
with this Ordinance. Site plans shall be reviewed by the Administrative
Official, and comments shall be returned after the review by the Administrative
Official. The submittal date of the site plan shall be the date upon
which the site plan is found to be in compliance with the provisions
of the site plan application by the Administrative Official.
B.
Site Plan
Application.
The standards of this Section shall apply
to those developments that are in zoning districts that require compliance
with design standards and meet the following thresholds:
1.
Any
building containing multifamily dwelling units
2.
All
new non-residential structures
3.
Any
increase in an existing non-residential structure that is greater
than 25% of the gross floor area of the existing structure
4.
The
conversion of a residential structure to a non-residential structure
5.
The
creation or expansion of a parking lot for multifamily or non-residential
uses
C.
Required
Prior to Building Permit.
When required by this Ordinance,
a site plan meeting the provisions as set forth in this Section must
be approved prior to issuance of a building permit by the City. Unless
otherwise provided herein, a site plan may be approved administratively.
D.
Changes
to the Site Plan.
1.
In
general, changes to the site plan shall be processed in the same manner
as the original approved site plan except as provided in 2 and 3 below.
2.
Changes
to the site plan which will affect the use of the land may require
either an amendment to a Planned Development or a rezoning of property,
whichever applies.
3.
Changes
of details within a site plan which do not alter the basic physical
relationship of the property to adjacent properties; do not alter
the use permitted; and do not increase the density, floor area, height,
or reduce the yards provided at the boundary of the site as indicated
on the approved site plan, may be authorized by the Administrative
Official. An aggrieved party may appeal the decision of the Administrative
Official to the Zoning Board of Adjustment in accordance with the
provisions of this Ordinance.
E.
Council
Approval.
Council approval of a site plan that accompanies
a zoning change request or Conditional Use Permit shall become part
of the amending ordinance.
F.
Site Plan
Content.
The site plan shall contain the information
listed below, and any or all of the required features may be incorporated
on a single drawing if the drawing is clear and capable of evaluation
by the City Council and the staff personnel required to enforce and
interpret this ordinance.
1.
Scale,
no less than one (1) inch equals fifty (50) feet
2.
Date
3.
The
boundary lines and dimensions of the property, existing subdivision
lots, available utilities, fire hydrants, easements, roadways, sidewalks,
emergency access easements, and public rights-of-way.
4.
Topography
of the property proposed for development in contours of not less than
two feet, together with any proposed grade elevations, if different
from existing elevations.
5.
Floodplains,
water courses, marshes, drainage areas, and other significant environmental
features including, but not limited to, rock outcroppings and major
tree groupings.
6.
The
location and use of all existing and proposed buildings or structures,
including all refuse storage areas, and the minimum distance between
buildings. Where building complexes are proposed, the location of
each building and the minimum distances between buildings, and between
buildings and the property line, street line, and /or alley.
7.
Total
number, location, and arrangement of off-street parking and loading
spaces, where required.
8.
All
points of vehicular ingress, egress, and circulation within the property
and all special traffic regulation facilities proposed or required
to assure the safe function of the circulation plan.
9.
Setbacks,
lot coverage, and when relevant, the relationship of the setbacks
provided and the height of any existing or proposed building or structure.
10.
The
location, size, and arrangement of all outdoor signs, exterior auditory
speakers, and lighting.
11.
The
type, location, and quantity of all plant material used for landscaping,
and the type, location, and height of fences or screening and the
plantings around them.
12.
If
multiple types of land uses are proposed, a delineation of the specific
areas to be devoted to the various land uses.
13.
Vicinity
map, north point, scale, name of development, name of owner, name
of preparer, total acreage of project, and street address or common
description of the property.
14.
Current
land uses and zoning district of the property and current land uses
and zoning districts of contiguous properties.
15.
Buildings
on the exterior of the site and within twenty-five feet of all property
lines.
16.
The
location and size of existing and proposed surface and subsurface
drainage facilities, including culverts, drains, and detention ponds,
showing size and direction of flow.
17.
The
number of square feet of the property after construction which will
constitute impervious area or impervious surface and vegetated areas.
18.
Architectural
drawings, such as elevations, concept sketches or renderings depicting
building types and other significant proposed improvements including
the treatment and use of open spaces, etc., where the submission of
such drawings would more clearly portray the nature and character
of the applicant’s land use and development proposals.
19.
Legal
description of the total site area proposed for rezoning, development
or Conditional Use Permit.
20.
The
submission date, signature and title of the applicant, at the conclusion
of the written documents certifying the information presented in the
plans, and supporting documents reflect a reasonably accurate portrayal
of the general nature and character of the applicant’s proposals.
21.
A
development timetable if development is to be in phases.
22.
The
percentage of the site that will be covered by buildings and structures.
23.
Drainage
Study: The City Engineer may determine that the characteristics of
the proposed development necessitate a drainage study of the site
and possibly surrounding areas. Said drainage study shall be prepared
by a professional engineer, licensed by the State of Texas and shall
be prepared using data as determined by the City’s Engineer.
24.
Traffic
Impact Analysis: Any proposed development that generates traffic in
excess of two thousand (2,000) average daily trips based upon the
latest edition of the Institute of Transportation Engineers (ITE)
Trip Generation Manual, or with respect to an application which the
City Engineer determines that the characteristics of the proposed
subdivision necessitate analysis, shall be accompanied by a traffic
impact analysis based on the ITE Manual, prepared by the developer
at the developer’s expense in accordance with standard transportation
engineering practices.
3.3.1
CRITERIA FOR APPROVAL.
The following criteria shall be used to approve or deny a site plan:
A.
All applicable City of Joshua ordinances have been met and will be
met by the proposed development.
C.
That adequate capacity of public or private facilities for water,
sewer, paved access to and through the development, electricity and
adequate public facilities for transportation can and will be provided
to and through the subject property.
(Ordinance 782-2020 adopted 6/18/20; Ordinance 819-2021 adopted 8/19/21)
3.4.1
APPLICABILITY
AND LIMITATIONS.
In accordance with the provisions of Chapter 211 of the Local
Government Code, the Zoning Board of Adjustment (ZBA) has the authority
to hear and take final action on requests for a variance from the
literal terms of the zoning regulations. Matters that may be the subject
matter of variances include but are not limited to: height restrictions,
setback requirements, landscaping requirements, area, parking regulations,
or other matters that may require a variance from the literal terms
of this Ordinance.
The Zoning Board of Adjustment may not grant a variance if the
effect of the variance would be to authorize a use other than a use
permitted in the district for which the variance is sought, and, therefore,
such is not a proper subject matter of a request for a variance.
The Zoning Board of Adjustment may not grant a variance to lot
frontage requirements and, therefore, such is not a proper subject
matter of a request for a variance.
3.4.2
APPLICATION
AND REVIEW PROCESS.
A.
Application.
An application for a variance must be filed with the Zoning
Administrator.
B.
Zoning
Administrator Review.
The Zoning Administrator must review
the submitted application and make a recommendation to the Zoning
Board of Adjustment.
C.
Zoning
Board of Adjustment Final Action.
Following notice in
accordance with Section 3.4.3, the Zoning Board of Adjustment must
hold a public hearing and approve, approve with conditions, or deny
the variance.
The concurring vote of seventy-five (75) percent of the members
of the board is necessary to approve a variance.
3.4.3
PUBLIC
NOTICE AND PUBLIC HEARING.
A.
Mailed
Notice.
A proposed variance requires notice of the public
hearing of the Zoning Board of Adjustment by mail to all owners of
real property as shown in the latest approved tax roll, lying within
two hundred (200) feet of the property on which the variance is requested.
Such notice must be mailed a minimum of fifteen (15) days before the
date of the public hearing.
B.
Posted
Notice.
A proposed variance requires notice of the public
hearing of the Zoning Board of Adjustment by posting on the City’s
website. Such notice must state the time and place of such hearing
and the nature of the subject to be considered. The notice must be
posted a minimum of fifteen (15) days before the date of the public
hearing.
3.4.4
VARIANCES.
A.
In order
to grant a variance from this Ordinance, the Board of Adjustment must
make written findings that the variance creates undue hardship, using
the following criteria:
1.
That literal
enforcement of the controls will create an unnecessary hardship or
practical difficulty in the development of the affected property;
2.
That the
situation causing the hardship or difficulty is neither self-imposed
nor generally affecting all or most properties in the same zoning
district;
3.
That the
relief sought will not injure the permitted use of adjacent conforming
property; and
4.
That the
granting of a variance will be in harmony with the spirit and purpose
of this Ordinance.
B.
A variance
shall not be granted to relieve a self-created or personal hardship,
nor shall it be based solely on economic gain or loss, nor shall it
permit any person a privilege in developing a parcel of land not permitted
by this Ordinance to other parcels of land in the particular zoning
district. No variance may be granted which results in undue hardship
on another parcel of land.
C.
The applicant
bears the burden of proof in establishing the facts justifying a variance.
 |
3.4.5
LIMITATION
ON RESUBMITTAL.
An applicant may not apply to the Zoning
Board of Adjustment for the same variance on the same piece of property
prior to the expiration of two (2) years from a previous ruling of
the Zoning Board of Adjustment unless other property in the immediate
vicinity within the two (2) year period has been changed or the Zoning
Board of Adjustment or City Council has acted upon the property so
as to alter the facts and conditions on which the previous Zoning
Board of Adjustment action was based. Such change of circumstances
permits the rehearing of a variance request prior to the expiration
of a two (2) year period, but such conditions shall not require the
Zoning Board of Adjustment, after a hearing, to grant a subsequent
variance. Such subsequent variance request must be considered entirely
on its merits and on the peculiar and specific conditions related
to the property on which the application is applied for.
(Ordinance 782-2020 adopted 6/18/20; Ordinance 819-2021 adopted 8/19/21)
A.
Interpretation.
Appeals to the Zoning Board of Adjustment concerning interpretation
or administration of this Ordinance may be taken by any person aggrieved
or by any officer, agency, department or commission of the city affected
by any decision of the administrative official. An appeal must be
taken within twenty (20) business days of the date the decision has
been rendered by filing with the administrative official from whom
the appeal is taken, and with the Zoning Board of Adjustment a notice
of appeal specifying the grounds for appeal. The administrative official
shall forthwith transmit to the Zoning Board of Adjustment all papers
constituting the record upon which the action appealed from was taken.
B.
Stay of
Proceedings.
An appeal stays all proceedings in furtherance
of the action appealed from, unless the administrative official from
whom the appeal is taken certifies to the Zoning Board of Adjustment
after the notice of appeal is filed with him that, by reason of facts
stated in the certificate, a stay would, in his opinion, cause imminent
peril to life and property. In such case, proceedings shall not be
stayed other than by a restraining order which may be granted by a
court of record on application, and on due cause shown.
3.5.1
FORM OF APPEAL OR APPLICATION.
A.
Generally.
The appeal or application shall be in such
form and contain such information as required by this Article or the
board’s rules of procedure. An incomplete appeal or application
shall be deemed only to give notice of intent to appeal or apply to
the board, and shall not be reviewed or scheduled for hearing until
completed.
B.
Persons Filing Appeal.
1.
Any of the following persons may appeal to the Zoning Board of Adjustment
a decision made by an administrative official that is not related
to a specific application, address, or project:
2.
Any of the following persons may appeal to the Zoning Board of Adjustment
a decision made by an administrative official that is related to a
specific application, address, or project:
a.
A person who:
(1).
Filed the application that is the subject of the decision;
(2).
Is the owner or representative of the owner of the property
that is the subject of the decision; or
(3).
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
b.
Any officer, department board or bureau of the municipality affected
by the decision.
C.
Specifically.
A written application for variance shall
be submitted together with the required fee, accompanied by an accurate
legal description, maps, site plans, drawings and any necessary data,
demonstrating:
1.
That special conditions and circumstances exist which are peculiar
to the land, structure or building involved and which are not applicable
to other lands, structures, or buildings in the same district;
2.
That literal interpretation of the provisions of this Article would
deprive the applicant of rights commonly enjoyed by other properties
in the same district under the terms of this Article; and
3.
That the special conditions and circumstances do not result from
the actions of the applicant.
(Ordinance 782-2020 adopted 6/18/20; Ordinance 819-2021 adopted 8/19/21)
The Zoning Board of Adjustment shall have the power to hear
and decide Special Exceptions in the districts indicated on the table
of permitted uses or in the accessory uses regulations, subject to
full and complete compliance with any and all conditions listed, together
with such other conditions as the board may impose for protection
of the public health or safety:
|
Special Exception
|
Applicable Section
|
|---|---|
|
Small wind turbine height over 65 feet
|
Section 5.3
|
|
Large wind turbine height over 65 feet
|
Section 5.3
|
|
Additional structure height over maximum amount
|
Article 6 (per zoning district)
|
|
Reduction of parking spaces upon documentation
|
Article 7
|
|
Freestanding cell tower exceeding 65 feet in residential district
|
Article 12.1 [Section 12.1]
|
|
Extra height for antenna which is not fastened to antenna facility
|
Article 12.1 [Section 12.1]
|
|
Building attached antenna in residential district
|
Article 12.1 [Section 12.1]
|
|
Additional antenna height in non-residential district
|
Article 12.1 [Section 12.1]
|
|
Building attached antenna in non-residential district
|
Article 12.1 [Section 12.1]
|
|
Relief from antenna facility regulations
|
Article 12.1 [Section 12.1]
|
|
Additional height for parking lot light standards
|
Article 10
|
|
Relief from illumination level for public and semi-public recreational
facilities
|
Article 10
|
|
Relief from prohibited lighting elements
|
Article 10
|
|
Relief from maximum period for a cargo container
|
Section 5.9
|
|
Allow for additional height for nonresidential structure
|
Article 6 (per zoning district)
|
|
Exceed number of cargo containers permitted in the I district
|
Section 5.9
|
|
Masonry requirements when the exception is necessary to ensure:
1. Historical accuracy.
2. Compatibility with the neighborhood.
|
|
|
Fence height when the exception is necessary to ensure compatibility
with the neighborhood or is created by the grade of the property or
abutting property.
|
Article 3.05 Fences of the Joshua Code of Ordinances.
|
A.
Findings.
The board shall not grant a Special Exception unless it finds:
1.
That
the use is specifically permitted under the ordinance and the requirements
for such use are met; and
2.
That
the locations of proposed activities and improvements are clearly
defined on the site plan filed by the applicant; and
3.
That
the exception, if granted, will be wholly compatible with the use
and permitted development of adjacent properties.
3.6.1
FEES.
There shall be a fee assessed for each request
for an appeal, variance or Special Exception request submitted to
the Zoning Board of Adjustments, in an amount as set forth in the
City Fee Schedule.
(Ordinance 782-2020 adopted 6/18/20; Ordinance 819-2021 adopted 8/19/21)
