COMPLIANCE WITH ZONING REGULATIONS.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

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.

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.

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.

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:

To correct any error in the regulations or map.

To recognize changed or changing conditions or circumstances in a particular locality.

To recognize changes in technology, style of living, or manner of doing business.

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.

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 hold at least one public hearing on each application as applicable by state law (Texas Local Government Code, chapter 211, as so may be amended).

Written notice of all public hearings on proposed changes in district boundaries shall be sent to all owners of property, or to the person rendering the same for City taxes, located within the area of application and within 200 feet of any property affected thereby, within not less than 10 days before such hearing is held. Such notice may be served by using the last known address as listed on the latest approved tax roll and depositing the notice, postage paid, in the United States mail. Notice of hearings on proposed changes in the text of the Zoning Ordinance shall be accomplished by one publication in the official newspaper of the City not less than 15 days prior to both the Planning and Zoning Commission and City Council meetings. Notice of a proposed comprehensive zoning change, as defined in Texas Local Government Code, chapter 211, shall be given by publication in the official newspaper of the City and on the City's website, stating the time and place of such hearing, a minimum of 15 days prior to the date of the public hearing. Changes in the ordinance text which do not change zoning district boundaries and proposed comprehensive zoning changes do not require written notification to individual property owners.

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.

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.

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:

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;

contain the time and place of the hearing; and

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."

Action of the City Council.

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.

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.

Three-fourths vote: If a written protest against a proposed amendment, supplement or change to a zoning regulation or district boundary that is not a proposed comprehensive zoning change has been filed with the Planning Department, duly signed and acknowledged by the owners of (i) at least 20 percent of the lots or land covered by the proposed change; (ii) except as otherwise provided in subsection (iii) herein, at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area; or (iii) at least 60 percent of the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area if the proposed change has the effect of allowing more residential development than the existing zoning regulation or district boundary and does not have the effect of allowing additional commercial or industrial uses unless the additional use is limited to the first floor of any residential development and does not exceed 35 percent of the overall development, such amendments shall not become effective except by the affirmative vote of at least (x) three-fourths of all members of the City Council for a protest described by subsection (i) or (ii); or (y) a majority of all members of the City Council for a protest described by subsection (iii). Written protests shall be subject to the following requirements:

All protests must be submitted to the City Secretary in writing before 5:00 p.m. of the fourth (4th) business 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).

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.

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 the 20 percent 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.

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.

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.

In making its determination, the City Council may consider the following factors:

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.

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.

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.

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.

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.

Any other factors which will substantially affect the public health, safety, morals or general welfare.

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.

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.

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.

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.

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.

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; Ordinance 910-2025 adopted 9/18/2025)

§ 3.2 Conditional Use Permits.

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.

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.

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:

A completed application form signed by the property owner;

An application fee as established by the City’s latest adopted schedule of fees;

A certificate stating that all city and school taxes have been paid to date;

A property description of the area where the Conditional Use Permit is proposed to apply;

A site plan complying with the requirements stated in this Section which will become a part of the Conditional Use Permit, if approved; and

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.

Site Plan Information.

A site plan shall contain, at a minimum the information required by Section 3.3, Site Plan Requirements.

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.

Copies of studies or analyses showing the need or demand for the proposed facility.

Description of the present use, assessed value and actual value of the land affected by the proposed facility.

Description of the proposed use, anticipated assessed value and supporting documentation.

A description of any long-term plans or master plan for the future use or development of the property.

A description of the applicant’s ability to obtain needed easements to serve the proposed use.

A description of any special construction requirements that may be necessary for any construction or development on the subject property.

A traffic impact analysis and forecast prepared by a qualified professional.

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.

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:

The proposed use complies with all the requirements of the zoning district in which the property is located.

The proposed use as located and configured will contribute to or promote the general welfare and convenience of the City.

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.

Adequate utilities, road access, drainage and other necessary supporting facilities have been or shall be provided for the proposed use.

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.

The issuance of the Conditional Use Permit does not impede the normal and orderly development and improvement of neighboring vacant property.

The location, nature and height of buildings, structures, walls and fences are not out of scale with the neighborhood.

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.

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.

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.

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.

Revocation of Permit.

A Conditional Use Permit may be revoked or modified, after notice and hearing, for either of the following reasons:

The permit was obtained or extended by fraud or deception.

One or more of the conditions imposed by the permit has not been met or has been violated.

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)

§ 3.3 Site Plan.

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.

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:

Any building containing multifamily dwelling units

All new non-residential structures

Any increase in an existing non-residential structure that is greater than 25% of the gross floor area of the existing structure

The conversion of a residential structure to a non-residential structure

The creation or expansion of a parking lot for multifamily or non-residential uses

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.

Changes to the Site Plan.

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.

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.

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.

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.

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.

Scale, no less than one (1) inch equals fifty (50) feet

Date

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.

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.

Floodplains, water courses, marshes, drainage areas, and other significant environmental features including, but not limited to, rock outcroppings and major tree groupings.

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.

Total number, location, and arrangement of off-street parking and loading spaces, where required.

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.

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:

All applicable City of Joshua ordinances have been met and will be met by the proposed development.

All requirements of the Site Plan Section 3.3 have been met.

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 Variance.

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.

Application.

An application for a variance must be filed with the Zoning Administrator.

Zoning Administrator Review.

The Zoning Administrator must review the submitted application and make a recommendation to the Zoning Board of Adjustment.

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.

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.

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.

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:

That literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property;

That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district;

That the relief sought will not injure the permitted use of adjacent conforming property; and

That the granting of a variance will be in harmony with the spirit and purpose of this Ordinance.

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.

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)

§ 3.5 Appeal of Administrative Decision.

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.

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.

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.

Persons Filing Appeal.

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:

A person aggrieved by the decision; or

Any officer, department, board, or bureau of the municipality affected by the decision.

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 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

Any officer, department board or bureau of the municipality affected by the decision.

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:

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;

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

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)

§ 3.6 Special Exceptions.

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.

Findings.

The board shall not grant a Special Exception unless it finds:

That the use is specifically permitted under the ordinance and the requirements for such use are met; and

That the locations of proposed activities and improvements are clearly defined on the site plan filed by the applicant; and

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)