The lawful use of any building, structure or land existing at the time of the enactment of this Ordinance may be continued although such use does not conform with the provisions of this Ordinance provided; however, the right to continue such nonconforming uses shall be subject to regulations prohibiting the creation of a nuisance and shall terminate when inappropriate use of the premises produces a condition which constitutes a nuisance and further, the right of nonconforming uses to continue shall be subject to such regulations, as the maintenance of the premises and conditions of operations as may, in the judgment of the City Council, be reasonably required for protection of adjacent property and further, the right of nonconforming uses to continue shall be subject to the specific regulations herein contained.
A. 
Nonconforming Buildings.
1. 
Occupancy permitted.
A nonconforming building or structure may be occupied except as herein otherwise provided.
2. 
Repairs or Alterations.
Repairs and alterations may be made to a nonconforming building or structure; provided that no structural alterations shall be made except those required by law or ordinance; and further that these regulations shall never be construed to allow an addition to a nonconforming building except that such nonconforming building may be added to or altered for the purpose of installing and enclosing sanitary facilities such as toilets and bathrooms, provided; however, that such improvements to provide sanitary facilities shall not exceed sixty (60) square feet in area.
3. 
Additions, Enlargements, Moving.
A nonconforming building or structure shall not be added to or moved or enlarged in any manner unless such are made to conform to all the requirements of the district in which such building or structure is located; provided however, a permit may be issued for an addition to an existing residence in a manufacturing district, where such addition does not increase the number of dwelling units with in such residence.
4. 
Restoration of Damaged Buildings:
A nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, explosion, earthquake or other calamity, shall not be again restored or used for such purpose if the expense of such restoration exceeds 75% of the replacement cost of the building or structure at the time such damage occurred. The value of the building shall be determined by the Cooke County Appraisal District. Any nonconforming building or structure partially destroyed may be restored provided restoration is started with in the twelve months of the date of partial destruction and is diligently prosecuted to completion. Whatever a nonconforming building or structure cost at that time, the repair or reconstruction of such building or structure shall conform to all the regulations of the district in which it is located, and it shall be treated as a new building.
B. 
Nonconforming Uses of Buildings.
1. 
Continuation.
Except as otherwise provided in this Ordinance the nonconforming use of the building or structure lawfully existing at the time of the effective date of this Ordinance, may be continued.
2. 
Change.
The use of a nonconforming building or structure may be changed to a use of the same, or more restricted classification, but where the use of a nonconforming building or structure is hereafter changed to a use or a more restricted classification, it shall not thereafter be changed to a use of less restricted classification.
3. 
Occupancy.
A vacant, nonconforming building or structure lawfully constructed may be occupied by use for which the building or structure was designated or intended, if so occupied within a period of one year after the effective date of this Ordinance, and the use of a nonconforming building or structure lawfully constructed which becomes vacant after the effective date of this Ordinance, may also be occupied by the use for which the building or period of one year after building becomes vacant.
4. 
Expansion Prohibited.
A nonconforming use of a portion of a building or structure shall not be expanded or extended into any other portion of such building or structure. If such nonconforming use or portion thereof is discontinued or changed to a conforming use, any future use of such building, structure, or portion thereof shall be in conformity with the regulations of the district in which such building or structure is located.
C. 
Nonconforming Use of Land.
1. 
Continuation of use.
The nonconforming use of land existing at the time of the effective date of this Ordinance, may be continued, provided;
a) 
That no such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property.
b) 
That is [if] such nonconforming use of land or any portion thereof is discontinued or changed any future use of such land or portion thereof shall be in conformity with the provisions of this Ordinance.
c) 
That any sign, billboard, poster panel, storage yard, or trailer camp, which is lawfully existing and maintained at the time of the effective date of this Ordinance, may be continued, although such use does not conform with the provisions hereof, provided however, that no structural alterations are to be made thereto.
D. 
Abandonment.
A nonconforming use of any building, structure or land which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned;
1. 
When the intention of the owner to discontinue the use is apparent, or
2. 
When the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within one year, or
3. 
When a nonconforming building, structure or land or portion thereof which is or hereafter becomes vacant and remain[s] unoccupied or out of use for a continuous period of one year, or
4. 
When it has been replaced by a conforming use.
E. 
District Changes.
Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one district to another district of a different classification or when boundaries or districts are changed as a result of annexation of a new territory or changes in the regulations or restrictions of this Ordinance, the foregoing provisions shall also apply to any nonconforming uses existing therein which may so become nonconforming.
F. 
Right to Proceed Preserved.
Nothing contained in this Ordinance is intended to alter any rights that may have accrued under prior regulations, pursuant to Sections 43.002, and 245.001 to 245.007 of the Texas Local Government Code, as amended.
(Ordinance 333, sec. 10.2.1, adopted 3/4/13; Ordinance 400, sec. 10.2.1, adopted 10/4/21)
A. 
Created; Membership; Officers; Rules and Bylaws.
1. 
There is created, in accordance with Chapter 211 Of The Texas Local Government Code the “Planning and Zoning Commission,” hereinafter sometimes referred to as the “Commission,” which shall consist of at least seven (7) registered voters of the City Muenster. As per Chapter 211.007(e) of the Texas Local Government Code - if a general-law municipality exercises zoning authority without the appointment of a zoning commission, any reference in a law to a municipal zoning commission or planning commission means the governing body of the municipality. The City Council of the City of Muenster shall serve as the Planning and Zoning Commission until such time that the City Council deems it necessary to appoint a Planning and Zoning Commission.
2. 
Members shall be nominated for appointment by the City Council of the City of Muenster. All appointments to the Commission shall serve as a member of the Commission for a term of two (2) years or until removed from the Commission by the City Council. The City Council may remove or replace any Commission member at any time by a simple majority vote of the full council. Any vacancy(ies) on the Commission shall be filled for the remainder of the unexpired term via appointment by a simple majority vote of the full City Council.
3. 
The commission shall elect from its members a Chairman, Vice Chairman to serve for one (1) year. The City of Muenster shall keep minutes of all meetings held by the Planning and Zoning Commission as well as the full record of all recommendations made by the Commission to the City Council.
4. 
The Commission shall have the power to make rules, regulations and bylaws for its own governance, which shall conform to those set forth by the City Council, and such rules, regulations and bylaws shall be subject to approval by the City Council. Such rules, regulations and bylaws shall include, among other items, provisions for:
a) 
All regular and special meetings to be open to the public, as required by the Texas Open Meetings Act, Chapter 551 of the Texas Government Code, as amended;
b) 
A record to be kept of all proceedings, to be open for inspection by the public, as required by the Texas Open Meetings Act, Chapter 551 of the Texas Government Code, as amended;
c) 
Reporting to the governing body and the public, from time to time and annually as requested; and
d) 
Rules of order and the holding of public hearings on its recommendations.
B. 
Meetings; Public Record.
The Planning and Zoning Commission shall meet in the city hall building or in some other specified location as may be designated by the presiding Chairperson and at such intervals as may be necessary to orderly and properly transact the business of the Commission.
C. 
Powers and Duties.
1. 
The Commission shall have all the rights, powers, privileges and authority as authorized and granted by and through the statutes of the State of Texas authorizing and granting cities the power of zoning and subdivision regulation as found in Chapters 211 and 212 of the Texas Local Government Code, as amended.
2. 
The Planning and Zoning Commission shall be an advisory body and adjunct to the City Council, and shall make recommendations regarding amendments to the comprehensive plan, changes of zoning for real property, zoning and subdivision ordinance amendments[,] approval of plats of subdivisions, and other planning-related matters. The Planning and Zoning Commission shall conduct a regular review of the City’s comprehensive plan and shall be prepared to make recommendations to the City Council, as deemed necessary, to keep the City’s comprehensive plan current with changing conditions and trends and with the planning needs of the City. The Planning and Zoning Commission shall also serve in an advisory capacity on any other planning-related matter(s) in the City, including the periodic review of the City’s impact fee ordinance(s).
D. 
Procedure on Zoning Hearings:
The procedure and process for zoning changes and zoning ordinance amendments shall be in accordance with Section 14.2.4 of this Article.
(Ordinance 333, sec. 10.2.2, adopted 3/4/13; Ordinance 400, sec. 10.2.2, adopted 10/4/21)
A. 
Provisions for a Zoning Board of Adjustment.
1. 
There is hereby created a Zoning Board of Adjustment consisting of five (5) members, each to be appointed by a majority of the City Council. The Zoning Board of Adjustment shall operate in accordance with Sections 211.008 through 211.011 of the Texas Local Government Code, as amended. As per Chapter 211.008(g) of the Texas Local Government Code - the governing body of a type A general-law municipality by ordinance may grant the members of the governing body the authority to act as a Zoning Board of Adjustment. The City Council of the City of Muenster shall serve as the Zoning Board of Adjustment until such time that the City Council deems it necessary to appoint a Zoning Board of Adjustment.
2. 
Members of the Zoning Board of Adjustment shall be appointed for a term of two (2) years and removable for cause by the City Council upon written charges and after public hearing. Vacancies shall be filled by appointment by the City Council of a suitable person to serve out the unexpired term of any member whose place on the Board has become vacant for any cause.
3. 
The City Administrator for the City of Muenster shall be an ex officio member of the Zoning Board of Adjustment without power of vote and as an ex officio member of such Board shall act as Secretary of the Zoning Board of Adjustment and shall set up and maintain a separate file for each application for appeal, special exception and variance received and shall record therein the names and addresses of all persons, firms and corporations to whom notices were delivered to the mailing clerk, post office or mailbox and further keep a record of all notices published as required herein. All records and files herein provided for shall be permanent and official files and records of the City of Muenster.
4. 
The Board shall adopt rules to govern its proceedings, provided; however, that such rules are not inconsistent with this Ordinance.
5. 
Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings of the Board shall be open to the public. Four (4) members of the Board shall constitute a quorum for the conduct of business. All cases to be heard by the Board shall always be heard by at least seventy-five percent (75%) of the members, which constitutes four (4) members.
6. 
The Board shall keep Minutes of its proceedings, showing the vote of each member upon each question, or if absent, or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions and every decision of the Zoning Board of Adjustment shall be in writing and shall contain in full record of the findings of the Board in each case, all of which shall be immediately filed in the office of the Board and shall be a public record.
7. 
The Secretary of the Zoning Board of Adjustment shall forthwith notify in writing, the City Council and the Planning and Zoning Commission of each decision, interpretation, special exception and variance considered under the provisions of this Ordinance.
8. 
The Chairman, or in his absence, the Acting Chairman, may administer oaths or compel the attendance of witnesses.
B. 
Authority of Board of Adjustment.
The Board shall have the authority, subject to the standards established in Sections 211.008 through 211.011 of the Texas Local Government Code, as amended, and those established herein, to exercise powers and to perform duties including the following:
1. 
The Zoning Board of Adjustment may hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this Ordinance and may also decide any questions involving the interpretation of any of the provisions of this Ordinance including determination of the location of any district boundary, if there is uncertainty in respect thereto.
2. 
The Zoning Board of Adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of this Ordinance in harmony with its general purpose and intent and in accordance with the general and specific rules herein contained.
3. 
The Zoning Board of Adjustment may authorize, upon appeal, in specific cases such variance from the terms of this Ordinance as will not be contrary to the public interest, where, owing to such condition, a literal enforcement of the provisions of this Ordinance will result in unnecessary hardship, and so that the spirit of this Ordinance shall be observed and substantial justice done and,
4. 
Hear and decide other matters authorized by Ordinance.
C. 
In exercising its authority under Section 14.2.3(B)(1) above, the Board may reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose the Board has the same authority as the administrative official.
D. 
The concurring vote of at least seventy-five percent (75%), or four (4) members, of the full Board is necessary to:
1. 
Reverse an order, requirement, decision or determination of an administrative official;
2. 
Decide in favor of an applicant on a matter on which the Board is required to review under this Ordinance;
3. 
Authorize a variance from a provision of this Ordinance; or
4. 
Hear and decide special exceptions to a provision of this Ordinance, as set forth in Section 14.2.3(G).
E. 
Variances.
The Board may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance with the terms of this Ordinance. For example, if the subject property substantially differs from other similarly zoned land parcels by being of such restricted area, shape or slope so that it cannot reasonably be developed in the same manner as other similarly zoned land parcels, then a variance of the building setback, lot/tract width or depth, or parking requirements may be granted. In granting a variance, the Board shall prescribe only conditions that it deems necessary for, or desirable to, the public interest. In making the findings hereinbelow required, the Board 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 within the proposed use, and the probable effect such variance will have upon traffic conditions and upon the public health, safety, convenience and welfare of the community.
F. 
Conditions Required for Variance.
No variance shall be granted without providing public notice and holding a public hearing on the variance request in accordance with Section 14.2.3(H) of this Ordinance and the Board shall make findings:
1. 
That there are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to lands or buildings in the same zone of [or] neighborhood, and that said circumstances or conditions are such that the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable use of such land or building, and
2. 
That the granting of such variance will not be detrimental to the public welfare or substantially or permanently injurious to the property or improvements in such zone or neighborhood in which the property is located, and
3. 
That the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board is the minimum variance that will accomplish this purpose, and
4. 
That the literal enforcement and strict application of the provisions of this Ordinance will result in an unnecessary hardship inconsistent with the general provisions and intent of this Ordinance and that in granting such variance the spirit of the Ordinance will be preserved and substantial justice done.
5. 
In addition to considering the character and use of adjoining buildings and those in the vicinity, the Zoning Board of Adjustment, in determining its findings shall take into account the number of persons residing or working in such buildings or upon such land and traffic conditions in the vicinity.
6. 
The Zoning Board of Adjustment may, after public notice and hearing and subject to the conditions and safeguards herein contained, vary or adapt the strict application of any of the terms of this Ordinance under the powers and authority herein granted.
7. 
In granting any variance under the provisions of this Ordinance, the Zoning Board of Adjustment may designate such conditions in connection therewith, which, in its opinion, will secure substantially the purpose and intent of this Ordinance.
8. 
A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely upon economic gain or loss, nor shall it permit any person the privilege of developing a parcel of land not permitted by this Ordinance on other parcels of land in the particular zoning district. No variance may be granted which results in undue hardship upon another parcel of land.
9. 
The Board shall have no authority to change any provisions of this Ordinance and its jurisdiction is limited to hardship and borderline cases which may arise from time to time. The Board may not change the district designation of any land either to a more restrictive or less restrictive zone.
G. 
Special Exceptions.
Upon written request of the property owner, the Board may grant special exception to nonconforming uses and structures, limited to the following:
1. 
The granting of such exception will not be injurious or otherwise detrimental to the public health, safety, and the general welfare of the general public, and
2. 
That the granting of such exception will not be substantially or permanently injurious to the property or improvements in such zone of [or] neighborhood in which the property is located, and
3. 
That the granting of such exception will be in harmony with the general purpose and intent of this Ordinance.
4. 
In determining its finding the Board shall take into account the character and use of adjoining buildings and those in the vicinity, the number of persons residing or working in such building or upon such land and traffic conditions in the vicinity.
5. 
Special exceptions may include the following: permit the reconstruction, extension or enlargement of a building occupied as a nonconforming use;
a) 
Permit the extension of a nonconforming use in a building upon a lot occupied as a nonconforming use;
b) 
Permit the use of property in the “R-1” District adjacent to the “R-2,” “B,” or “I” Districts, even if separated therefrom by an alley or by a street, for the parking of passenger cars under such safeguards and conditions of the setback requirements of the more restricted property, provided no other business use is made of such property, and further provided that such parking area shall not extend a greater distance than 200 feet from the “R-2,” “B,” or “I” Districts;
c) 
Permit the use of property owned by a church for the parking of passenger cars in any district under such safeguards and conditions as are necessary to protect adjacent property;
d) 
Permit in any district such modification of the requirements of this Ordinance as the Planning and Zoning Commission may deem necessary to secure an appropriate development of a lot where adjacent to such a lot on two or more sides there are buildings that do not conform to these regulations;
e) 
Permit such modification of yard, lot area or lot width requirements as may be necessary to secure appropriate improvement of a parcel of land where such parcel was separately owned prior to the enactment of this Ordinance and is not adjacent to another parcel of the same ownership and where such parcel is of size that it cannot be appropriately improved without such modification;
f) 
Permit the extension of a building existing prior to the enactment of this Ordinance, by the construction of additional stories above the height limit herein established, if the original plans provided for such additional stories and such building was actually designed and constructed to carry such additional stories.
6. 
In granting any special exception under the provisions of this Ordinance, the Board may designate such conditions in connection therewith which, in its opinion, will secure substantially the purpose and intent of this Ordinance.
H. 
Procedure Covering Special Exceptions, Appeals and Granting of Variances.
1. 
Appeals and requests for variances to the Board of Adjustment may be taken by a person aggrieved or by an officer, Department or Board of the City of Muenster affected by any decision of the administrative officer. Such appeal or request for variance shall be taken within fifteen (15) days’ time after the decision has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the Secretary of the Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith have made to the Secretary of the Board all the papers constituting the record upon which the action appealed from was taken.
2. 
Such notice of appeal properly filed as herein provided, shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Zoning Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Adjustment or by a Court of Record on application or [on] notice to the officer from the appeal is taken and on due cause shown.
3. 
Upon notice of appeal being given to the Secretary of the Zoning Board of Adjustment, before such appeal shall be construed as having been perfected the applicant must file with such notice of appeal to the Secretary of the Board, an amount of money estimated by the Secretary to be sufficient to mail and publish all notices required herein, in an amount set by the City.
4. 
Application for special exceptions to the terms of this Ordinance shall be made in writing in duplicate on forms provided in the office of the Secretary of the Zoning Board of Adjustment by the prospective occupant and/or owner of the property. The application may include a site plan, and any other additional information as may be requested in order to properly review the application. Such information may include, but is not limited to, plat plans, site building plans, photographs, topographic contour maps, and other similar documents. All drawings must be to scale. One such application shall be accompanied by an amount of money estimated by the Secretary of the Board to be sufficient to mail and publish all notices required herein, in an amount set by the City.
5. 
One duplicate original of such application shall be forthwith forwarded by the Secretary of the Zoning Board of Adjustment to the office of the City Administrator.
6. 
The Zoning Board of Adjustment shall hold a public hearing on all special exceptions, granting of variances and appeals and written notice of all such public hearings shall be sent by the Secretary of the Board to the applicant and all other persons deemed by the Board to be affected thereby, and all owners of real property lying within two hundred feet (200') of the property on which the special exception, grant of variance or appeal is proposed, such notice to be given not less than ten (10) calendar days before the date set for hearing to all such owners who have rendered their said property for school taxes as the ownership appears on the last approved school tax roll. Such notice may be served by depositing the same properly addressed and postage paid in the local post office. Notice shall also be given by publishing the same in a newspaper of general circulation at least fifteen (15) days prior to the date set for hearing which notice shall state the time and place of such hearing, provided however; all provisions contained herein with respect to the mailing and publishing of notices of hearing shall be deemed sufficient upon substantial compliance with this section, and is to be construed as directory and not mandatory.
I. 
Action by the Zoning Board of Adjustment.
1. 
Upon the hearing, any interested party may appear in person or by agent or by attorney. The burden of proof shall be on the applicant to establish the facts necessary which the Zoning Board of Adjustment must find before granting any special exception, variance or appeal as herein contained.
2. 
In exercising the powers herein granted, the Board may, in conformity with the provisions of this Ordinance reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken.
3. 
The concurring vote of seventy-five percent (75%) (four (4) members) of the Board shall be necessary to reverse any order, requirement, decision or determination, of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance or to effect any variation of this Ordinance or grant any special exception hereto.
4. 
No appeal, request or application to the Zoning Board of Adjustment shall be allowed on the same piece of property prior to the expiration of six (6) months from a ruling of the Board on any appeal, request or application to such body unless other property abutting or adjoining such property shall have with in such six (6) months period been altered or changed by a ruling of the Board, in which case such change of circumstances shall permit the allowance of an appeal, request or application but shall in no wise have any force in law to compel the Board after a hearing, to grant such subsequent appeal, request or application but such hearing shall be considered on its merits as in all other cases.
5. 
Any special exceptions, variances or appeals authorized or granted by the Zoning Board of Adjustment either under the provisions of this Ordinance or under the authority granted to the Board under the statutes of the State of Texas shall authorize the issuance of a building permit, or a certificate of occupancy, as the case may be, for a period of ninety (90) days from the date of the favorable action on the part of the Board of Adjustment, unless said Board in its Minutes shall, at the same time, grant a longer period. If the building permit and/or certificate of occupancy shall have not been issued within said ninety (90) day period, or such extended period as the Board may specifically grant, then the special exception, variance or favorable appeal shall be deemed waived and all rights thereunder terminated. Such terminating and waiver shall be without prejudice to a subsequent appeal to said Board in accordance with the rules and regulations herein contained.
J. 
Finality of Decisions; Judicial Review.
All decisions of the Board are final and binding. however, any person aggrieved by a decision of the board may present a verified petition to a court of record which states that the decision of the Board is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition must be presented within ten (10) calendar days after the date the Board’s decision is filed in the City Administrator’s office. The board’s decision shall be deemed filed in the office of the Board on the first (1st) business day following the date on which action was taken by the Board.
(Ordinance 333, sec. 10.2.3, adopted 3/4/13; Ordinance 384, ex. A, adopted 11/14/17; Ordinance 400, sec. 10.2.3, adopted 10/4/21)
A. 
Authority to Amend Ordinance.
1. 
The City Council may from time to time, amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts specified on the Zoning Map. Any amendment to the zoning ordinance text or to zoning district boundaries may be ordered for consideration by the City Council, or may be requested by the owner of real property, or his/her authorized representative.
2. 
Consideration for a change in any zoning district boundary line or special zoning regulation may be initiated only by the property owner or his/her authorized agent, or by the City Council on its own motion when it finds that public benefit will be derived from consideration of such matter. In the event the ownership stated on an application and that shown in City records are different, the applicant shall submit proof of ownership and verification that he/she is acting as an authorized agent for the property owner.
3. 
No person who owes delinquent taxes, delinquent paving assessments, impact fees, or any other delinquent debts or obligations to the City of Muenster, and which are directly attributable to a piece of property requested for zoning shall be allowed to submit a zoning request until the taxes, assessments, debts, or obligations directly attributable to said property and owed by the owner or previous owner thereof shall have been first fully discharged by payment, or until an arrangement satisfactory to the City has been made for the payment of such debts or obligations. It shall be the applicant’s responsibility to provide evidence or proof that all taxes have been paid.
B. 
Application.
Each application for zoning, rezoning, a Specific Use Permit (SUP), or for a text amendment to a provision(s) of this zoning ordinance, shall be made in writing on an application form available in the City Administrator’s office. The application shall be delivered to the City and shall be accompanied by payment of the appropriate fee as established by the City. An accurate metes and bounds description of the subject property, or other suitable legal description, a survey, and other appropriate exhibits such as site plans, maps, architectural elevations, information about proposed uses, and any other information that is determined necessary by the City shall also be submitted with the zoning application in order to ensure that the request is understood.
C. 
Procedures for Consideration.
1. 
For zoning and rezoning requests involving real property, the City of Muenster shall hold at least one public hearing on each zoning application, as required in Texas Local Government Code Section 211.006, as amended. For proposed changes to zoning district boundaries, notice of the public hearing to occur shall be accomplished by providing written notice of the public hearing to be sent to all owners of property, as indicated by the most recently approved City tax roll, that is located within the area of application and within two hundred feet (200') of any property affected thereby, said written notice to be sent before the tenth (10th) calendar day prior to the date such hearing is held. Such notice may be served by using the last known address as listed on the most recently approved tax roll and depositing the notice, postage paid, in the United States mail. The City of Muenster shall public a notice of such public hearings within an official newspaper or a newspaper of general circulation in the City before the fifteenth (15th) day before the date set for the required hearing. Said notice shall set forth the date, time, place and purpose of the hearing as required under Texas Local Government Code Section 211.006, as amended.
2. 
Changes in the Ordinance text which do not change zoning district boundaries do not require written notification to individual property owners to the City Council [sic] for a public hearing to be held following appropriate public hearing notification by publishing the purpose, time and place of the public hearing in the official newspaper of the City before the fifteenth (15th) calendar day prior to the date of the public hearing.
3. 
The City Council may then approve the request, approve it with conditions, or disapprove it by a majority vote of the Council members present and voting. Any conditions provided by the City Council shall not be considered conditions precedent to the granting of the change in zoning or the granting of building permits on such property, but shall be construed as conditions precedent on the granting of a certificate of occupancy and compliance and such requirements shall be complied with before a certificate of occupancy and compliance may be issued for the use or occupancy of the building, land or structure on such property.
4. 
The City of Muenster shall set up and maintain a separate file for each application received and shall record therein the names and addresses of all persons, firms and corporations to whom notices are mailed, including the date of mailing and the persons by whom such notices were delivered to the mailing clerk, post office, or mailbox, and all records and files herein provided shall be permanent and official files of the ‘City of Muenster.’
5. 
Protests.
For zoning and rezoning requests involving real property, a favorable vote of three-fourths of all members of the City Council shall be required to approve any change in zoning when written objections are received from twenty percent (20%) or more of the land area covered by the proposed change, or of the land area within two hundred feet (200') of the subject property, in accordance with the provisions of Section 211.006 of the Texas Local Government Code. If a protest against such proposed zoning change has been filed with the City Administrator, duly signed and acknowledged by the owners of twenty percent (20%) or more, either of the area of the land included in such a proposed change or those owners of property immediately adjacent to the subject property and extending two hundred feet (200'), such zoning change shall not become effective except by a three-fourths vote of the full City Council.
(Ordinance 333, sec. 10.2.4, adopted 3/4/13; Ordinance 400, sec. 10.2.4, adopted 10/4/21)
A. 
Administrative Officers.
Except an otherwise provided in this Ordinance, the City Administrator for the City of Muenster shall administer and enforce this Ordinance, including the receiving of applications, the inspection of premises and the issuing of building permits and certificates of occupancy and compliance. No building permit or certificate of occupancy shall be issued by the City Administrator except where the provisions of this Ordinance have been complied with.
B. 
Building Permit Required.
No person shall erect or construct or proceed with the erection of construction of any building or structure nor add to, enlarge, move, improve, alter, repair, convert, extend, or demolish any building or structure or cause the same to be done in any zone district of the City of Muenster without first applying for and obtaining a building permit thereof from the City Administrator. All applications for such permits shall be in accordance with the requirements of this Ordinance and building code of the City of Muenster and unless upon written order of the Zoning Board of Adjustment, no such building permit or certificate of occupancy shall be issued for any building where said construction, addition, alteration or use thereof would be in violation of any of the provisions of this Ordinance. No building permit shall be issued for the new construction of any building on any property that is not a lot of record. A final plat of the property is required to be recorded in the appropriate county plat records.
C. 
Powers and Duties of the City Administrator.
1. 
Stop Work Order.
Whenever any building work is being done contrary to the provisions of this Ordinance, the City Administrator may order the work stopped and also revoke the building permit theretofore issued by notice in writing served on any person owning such property or their agent or on any person engaged in the doing or causing of such work to be done and any such persons shall forthwith stop and cause to be stopped such work until authorized by the City Administrator to recommence and proceed with the work or upon issuance of building permit in those cases in which the building permit has been revoked and further, such stop work order and revocation of permit shall be posted on the work being done in violation of this Ordinance.
2. 
Notice of Nonconforming Use.
Whenever any building or portion thereof is being used or occupied contrary to the provisions of this Ordinance the City Administrator shall order such use or occupancy discontinued and the building or portion thereof vacated by notice served on any person using or causing such use or occupancy to be continued and such person shall vacate such building or portion thereof within ten (10) days after receipt of such notice or make the building or portion thereof comply with the requirements of this Ordinance.
D. 
In Newly Annexed Territory.
Within any land area annexed by the City of Muenster as allowed under Chapter 43 of the Texas Local Government Code, as amended, no person shall erect, excavate, construct, or proceed or continue with the erection or construction of any building or structure or add to, enlarge, move, alter, repair, convert, insulate or extend or demolish any buildings or structure or cause the same to be done in any newly annexed territory to the City of Muenster without first applying for and obtaining building permit therefore [therefor] from the City Administrator or the City Council as may be required herewith.
1. 
Permits Issued by the City Administrator.
In a territory newly annexed to the City of Muenster no permit for the construction of a building shall be issued by the City Administrator other than a permit which allow[s] the construction of a building permitted in the “R-1” District unless and until such territory has been classified in a zoning district other than “R-1” District by the City Council in the manner prescribed by this Ordinance.
2. 
Permits Issued by City Council.
An application for a permit for any other use than that specified above shall be made to the City Administrator and then referred to the Planning and Zoning Commission for consideration and recommendation to the City Council. Whenever such recommendation is filed with the City Council by the Planning and Zoning Commission, such recommendation shall be advisory in its nature and the City Council shall be at liberty to affirm it or allow such construction as the facts in their opinion may justify.
3. 
Permits Required for Buildings Under Construction.
The owner, lessee, or any other person, firm or corporation owning, controlling, constructing, supervising, or directing the construction of any building or structure in the process of construction and which is incomplete at the time the land upon which it is situated is annexed to the City of Muenster before proceeding any further with the construction, alteration or completion thereof shall apply to the City Administrator for a permit authorizing further work on said building or structure and shall attach to said application for such permit, plans, and specifications relating to the construction of said building or structure, which said application for building permit shall be promptly referred to the Planning and Zoning Commission for consideration and said Planning and Zoning Commission shall promptly thereafter file with the City Council its recommendation as to granting, modifying or rejecting said permit, the said recommendation to be advisory in its nature and the City Council shall be at liberty to affirm it or allow such construction as the facts in their opinion may justify. Said construction work shall be suspended until the permit provided for herein has been issued or until final zoning regulations have been adopted, which permit the construction, use and occupancy of the structure or building.
E. 
Certificate of Occupancy and Compliance.
1. 
No land shall be occupied or used and no building hereafter erected, altered, or extended shall be used or changed in use until a certificate of occupancy and compliance shall have been issued by the City Administrator stating that the building or proposed use thereof complies with the provisions of this Ordinance.
2. 
No nonconforming use shall be maintained, renewed, changed or extended without a certificate of occupancy and compliance having first been issued by the City Administrator.
3. 
Application for a certificate of occupancy and compliance shall be made with the application for a building permit or may be directly applied for where no building permit is necessary and shall be issued or refused in writing within five (5) days after the City Administrator has been notified in writing that the building or premises is ready for occupancy.
4. 
The City Administrator shall maintain a record of all certificates and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected.
5. 
No permit for excavation for or the erection or alteration of or repairs to any building shall be issued until an application has been made for a certificate of occupancy and compliance.
6. 
No permanent water, sewer, electrical, or gas utility connections shall be made to the land, building or structure until and after a certificate of occupancy and compliance has been issued by the City Administrator.
7. 
Application for Certificate.
Application for a certificate of occupancy and compliance shall be made with the application for a building permit or may be directly applied for where no building permit is necessary and shall be issued or refused, in writing, within ten (10) days after the City Administrator has been notified, in writing, that the building or premises is ready for occupancy.
8. 
Temporary Certificate.
Upon request of the owner or authorized representative, the City Administrator may issue a temporary certificate of occupancy for the temporary use and occupancy of a portion of a building prior to the completion and occupancy of the entire building, provided such temporary occupancy or use is permitted by this Ordinance and does not in any way or manner jeopardize life or property.
9. 
Continuance of Nonconforming Use.
The City Administrator shall issue a certificate of occupancy upon application of any person for the continuance of lawful nonconforming uses.
10. 
Records Kept.
The City Administrator shall maintain a record of all certificates, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected.
(Ordinance 333, sec. 10.2.5, adopted 3/4/13; Ordinance 400, sec. 10.2.5, adopted 10/4/21)