(Ordinance 484 adopted 2/18/08)
(A)
(B)
Process
(1)
Before
Planning and Zoning Commission:
(a)
An application for a change in zoning classification shall, after
consultation with the zoning administrator, include any accompanying
information and the nonrefundable filing fee in an amount established
by the City Council be submitted by the applicant.
(b)
The zoning administrator shall review the application for completeness
with this Ordinance. Within ten (10) business days, written notice
of the necessary documents or other information that the applicant
failed to provide with the application shall be provided to the owner/applicant
(as designated on the application form) for compliance. The written
notice shall include the date the application will expire if the necessary
documents or other information is not provided. Zoning change applications
will expire within 45 days of the date the application is delivered
to the City or sent to the City by certified mail if the applicant
fills to provide the specified documents or other information required
in the written notice to the applicant.
(c)
The zoning administrator shall have a map prepared to an appropriate
scale which shall show the owner of each tract within the area to
be rezoned as well as the current and the proposed zoning district
or districts of each tract.
(d)
The zoning administrator shall verify with the agent of the several
owners that the map is correct with respect to ownership and zoning
district requested or with the mayor and/or commission chairman, as
appropriate, as to delineation of the zoning districts shown thereon.
(2)
Notice.
The zoning administrator shall then initiate the following actions:
(a)
In an application for a change in zoning classification, the preparation
of a list, using a current tax appraisal map and the current city
tax roll, of all owners of any property within the area to be considered
for rezoning and within two hundred (200) feet of such area.
(b)
Determination of the date of the next meeting of the commission,
not less than three (3) full weeks and not more than seven (7) full
weeks from the date of the application, place such request on the
agenda of the commission, and schedule a public hearing thereon.
(c)
Mailing a letter to each of the property owners as above and including
the applicant, stating the purpose of the request, street address
of the property for which rezoning is requested, date, time and place
of the public hearing before the commission, and that comments about
the request must be made in writing or verbally before the commission.
The notification letters deposited at the post office as ordinary
mail not less than ten (10) days prior to the meeting of the commission
shall constitute constructive notice.
(d)
Whether for an application for a change in zoning classification
or otherwise amending this ordinance, notice of a public hearing before
the Commission to consider a proposed variance, proposed zoning classification
change or a proposed general amendment to this Ordinance shall be
published in an official newspaper of general circulation in Jourdanton
at least 15 days prior to the date set for the hearing. The notice
shall state the time and place of the hearing and contain a description
of the matter to be considered.
(3)
The
city staff shall prepare a statement for presentation at the public
hearing before the commission. The statement shall contain at a minimum:
(4)
Commission
Action.
(a)
The commission shall hold a public hearing pertaining to the rezoning
request and shall receive comment in writing or verbally.
(b)
The commission shall consider the staff statement.
(c)
The commission shall recommend in writing to the council that the
rezoning request should be approved, approved with modification, or
denied.
(5)
Council
Action.
(a)
Hearing.
The Council shall hold at least one public
hearing on all proposed variances, zoning classification changes and
general amendments to this Ordinance before acting thereon.
(b)
Notice.
Notice of a public hearing before the Council
to consider a proposed variance, proposed zoning classification change
or a proposed general amendment to this Ordinance shall be published
in an official newspaper of general circulation in Jourdanton at least
15 days prior to the date set for the hearing. The notice shall state
the time and place of the hearing and contain a description of the
matter to be considered.
(c)
Special considerations.
A change of zoning classification
proposed by the owner of the parcel affected may be enacted, even
though the proposed change does not conform to the future land use
map in the comprehensive plan of the city, provided that the Council
finds that significant and unanticipated changes have occurred in
the area of the affected parcel since the classification on the future
land use map was adopted which make it unlikely that the parcel can
be developed or used for any use allowed under the zoning classification
indicated for the parcel in the plan and, provided further, that the
Council finds that the requested zoning classification is the most
appropriate classification for the area affected.
(d)
Protest by adjacent property owners.
If a written protest
is submitted against a proposed change of zoning classification signed
by all the owners of 20% or more either of the area of the lots or
land included in the proposed change, or of the lots of land immediately
adjoining the same and extending 200 feet therefrom, the change of
zoning classification shall not become effective except by the favorable
vote of three-fourths of all the members of the Council.
(e)
Consideration.
The Council shall approve, approve with
the modification, or deny the request.
(f)
Subsequent Actions.
The zoning administrator shall have
the Official Zoning Map amended.
(C)
No applications
for a change of zoning classification shall be accepted if an application
for a similar zoning change on the same property has been denied by
the City Council within the preceding 12-month period.
(Ordinance 484 adopted 2/18/08)
(A)
The Council
shall serve as the Zoning Board of Adjustment and may authorize a
variance from these regulations when, in its opinion, undue hardship
will result from requiring strict compliance. In granting a variance,
the Council shall prescribe only conditions that it deems necessary
to or desirable in the public interest. In making the findings hereinbelow
required, the Council shall take into account the nature of the proposed
use of the land involved, existing uses of land in the vicinity, the
number of persons who will reside or work in the proposed use, and
the probable effect [of] the variance upon traffic conditions and
upon the public health, safety, convenience and welfare in the vicinity.
(B)
A variance
is an appeal by the applicant that a grant of relief be made from
a specific requirement of the zoning regulations because of a peculiar
condition existing within or adjacent to a specific tract or structure
located thereon. Such variances are allowed where, owing to special
conditions, a literal enforcement of the provision of the zoning regulations
or of the building codes would result in exceptional difficulties
or hardships upon the owner of the property. In deciding the variance
petition, the council shall apply the following criteria:
(1)
There
are special circumstances or conditions arising from the physical
surroundings, shape, topography or other feature affecting the land
subject to the variance petition, such that the strict application
of the provisions of this Code to the development application would
create an unnecessary hardship or inequity upon or for the petitioner,
as distinguished from a mere inconvenience, in developing the land
or deprive the petitioner of the reasonable and beneficial use of
the land;
(2)
The
circumstances causing the hardship do not similarly affect all or
most properties in the vicinity of the petitioner’s land;
(3)
The
variance is necessary for the preservation and enjoyment of a substantial
property right of the petitioner;
(4)
Granting
the variance petition will not be detrimental to the public health,
safety or welfare, or injurious to other property within the area;
(5)
Granting
the variance petition will not have the effect of preventing the orderly
use and enjoyment of other land within the area in accordance with
the provisions of this Code, or adversely affect the rights of owners
or residents or surrounding property;
(6)
The
hardship or inequity suffered by petitioner is not self-induced;
(7)
The
request for a variance is not based exclusively upon a desire from
the petitioner for increased financial gain from the property, or
to reduce an existing financial hardship; and
(8)
The
degree of variance requested is the minimum amount necessary to meet
the needs of petitioner and to satisfy the standards in this Ordinance.
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The variance shall not permit a use for other than uses specifically
authorized for the district within which the property is located.
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(C)
An application
for a variance shall be made in writing in a form prescribed by the
City Council and shall be accompanied by a site plan and additional
information as may be requested in order to properly review the application.
The information may include, but is not limited to, plat plans, site
building plans and contour maps.
(D)
After
consultation with the city staff, the application, accompanying information,
and the nonrefundable filing fee, in an amount established by the
City Council, shall be submitted.
(1)
The
Zoning Administrator or a duly appointed city official shall visit
the site where the proposed variance will apply and the surrounding
area and shall report his findings to the City Council.
(2)
The
Council shall review each application at a public hearing within 45
days of application.
(3)
The
Council shall not grant a variance unless it finds, based on competent
evidence, that each of the conditions in division (B) above has been
established. The burden of establishing conditions is on the applicant.
(4)
The
Council may impose conditions, limitations and safeguards as it deems
appropriate upon the grant of any variance. Violation of any condition,
limitation or safeguard shall constitute a violation of this Ordinance.
(5)
Any
rights authorized by a variance which are not exercised within one
year from the date of granting the variance shall lapse and may be
reestablished only after application and a new hearing pursuant to
this Ordinance.
(Ordinance 484 adopted 2/18/08)
(A)
(1)
No
special use shall be established, operated or maintained, except as
authorized by a special use permit issued in accordance with the requirements
of this Ordinance.
(2)
A
special use permit may be issued only for the special uses specified
in the district in which it is authorized, or for a temporary use
which is not allowed in any district. A special use permit may be
issued by the City Council acting after a properly noticed public
hearing.
(3)
An
application for a special use permit shall be made in writing, and
shall be accompanied by a site plan as defined by this Ordinance in
order to analyze properly the proposed use. For commercial and industrial
uses requiring a special use permit, detailed building plans and operational
data are also required.
(4)
The
City Planner or other authorized city official shall visit the site
where the proposed special use permit will apply and shall report
his findings to the City Council.
(B)
A proposed
special use permit must comply with all the following criteria:
(1)
The
appearance, size, density and operating characteristics of the neighborhood
and uses;
(2)
The
proposed use will not have an adverse effect on the value of surrounding
properties nor impede their proper development;
(3)
The
proposed use will neither create a nuisance nor otherwise interfere
with a neighbor’s enjoyment of his property or operation of
his business;
(4)
The
traffic that the proposed use can reasonably be expected to generate
on existing streets will not create nor add significantly to congestion,
a safety hazard or a parking problem in the area, nor will it disturb
the peace and quiet of the neighborhood; and
(5)
The
proposed use complies with all other applicable ordinances and regulations.
(Ordinance 484 adopted 2/18/08)
(A)
The City
Inspector or another duly authorized city official may order all works,
including site clearing or other site preparation, stopped on any
site where a significant violation of this Ordinance or a final site
plan is found. Any person, including a workman on the site, who fails
to comply with a stop work order shall be guilty of a misdemeanor
punishable as provided in the penalty section thereof.
(B)
If the
Council finds, after notice and hearing, that a significant violation
of an approved final site plan has occurred, the Council may revoke
its approval of the site plan. It shall be unlawful for any person
to do any work on the site covered by the site plan unless and until
a new application for site plan approval has been filed and processed
in accordance with the provisions of this Ordinance and the Council
grants approval to a new final site plan which corrects the violations
of the original site plan.
(C)
Any structure
erected or used, or any work done, contrary to any of the provisions
of this Ordinance or to any of the details contained in the final
site plan approved by the City Council is hereby declared to be unlawful
and shall constitute a violation of this Ordinance. The Council may
direct the City Attorney to initiate injunction, mandamus, abatement
or any other action available in law or equity to prevent, enjoin,
abate, correct or remove the unlawful structure, use or work.
(Ordinance 484 adopted 2/18/08)
(A)
All applications
and submissions required by this Ordinance are to be accompanied by
fees and costs as may be required pursuant to the schedule of fees
as may be adopted and amended from time to time by resolution of the
Council.
(B)
These
fees are not mutually exclusive. The full amount of the fee for each
type of application shall be charged. The fee for a variance request
may be waived by the Council for those cases, such as existing undersized
lots, in which the strict application of the development standards
for the applicable zoning district would render the property unusable.
For mixed use projects, fees shall be prorated in accordance with
the acreage devoted to each use.
(Ordinance 484 adopted 2/18/08)
Any Person, firm or Corporation violating any provision of this
Ordinance shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be fined a sum not more than $2,000.00; each day such
violation continues shall constitute a separate offense.
(Ordinance 484 adopted 2/18/08)
