The PLANNING AND ZONING COMMISSION (also referred to as THE
COMMISSION) shall function according to the following criteria that
establish membership and operating procedures.
(Ordinance 2011-27(f) adopted 11/12/15)
There is created, in accordance with the Tex. Local Government
Code, Ch. 211, the Planning and Zoning Commission, hereafter sometimes
referred to as the Commission, which shall consist of five people
residing within the city.
(Ordinance 2011-27(f) adopted 11/12/15)
Members shall be nominated by a Council person of the city,
and each person so nominated must be approved by a simple majority
vote of the City Council before being appointed as a member of the
Commission.
(Ordinance 2011-27(f) adopted 11/12/15)
The members of the Commission shall reside within the city and
shall, within 90 days after being appointed, complete the open meetings
training and provide a copy of certificate of completion to the City
Secretary.
(Ordinance 2011-27(f) adopted 11/12/15)
All appointments to the Commission shall serve as a member of
the Commission for a term of office of three years, except as noted
below. Members may be reappointed with no limitation on the number
of terms one member may serve. Upon adoption of this chapter, the
City Council shall appoint two members to two-year terms and three
members to three-year terms. After the initial terms expire, all members
shall serve three-year terms.
(Ordinance 2011-27(f) adopted 11/12/15)
The City Council shall appoint a Chairperson, Vice-Chairperson,
and Secretary from among the Commission membership, and each officer
shall hold office for one year or until replaced by a simple majority
vote of the City Council. The Secretary shall keep minutes of all
meetings held by the Commission as well as the full record of all
recommendations made by the Commission to the City Council.
(Ordinance 2011-27(f) adopted 11/12/15)
Any vacancy(s) on the Commission shall be filled via appointment
by a simple majority vote of the City Council.
(Ordinance 2011-27(f) adopted 11/12/15)
Members of the Planning and Zoning Commission may be removed
from office at any time by a simple majority vote of the City Council
either upon its own motion or upon recommendation of the Planning
and Zoning Commission. A letter of reprimand shall be issued to the
member after he or she has missed two consecutive meetings stating
that missing one more will be grounds for dismissal. Failure to attend
three consecutive scheduled meetings shall be deemed as neglect and
cause for removal from office, unless such absences were due to unusual
circumstances beyond the member’s control such as sickness of
the member or someone within the member’s immediate family.
A vote to remove a Commission member shall be placed on the appropriate
agenda as a regular item and shall be voted upon accordingly.
(Ordinance 2011-27(f) adopted 11/12/15)
The members of the Commission shall regularly attend meetings
and public hearings of the Commission, shall serve without compensation,
and shall not hold any other office within, or serve as an employee
of, the city while serving on the Commission.
(Ordinance 2011-27(f) adopted 11/12/15)
(A) The
Planning and Zoning Commission shall meet in the Civic Center 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, but not less than
once each month. If there have been no applications filed for review
by the Commission, the City Secretary shall notify the Chairperson
and no meeting shall be required for that month.
(B) Meetings
shall be conducted in accordance with the Texas Open Meetings Act
(TOMA).
(Ordinance 2011-27(f) adopted 11/12/15)
(A) The
Commission shall have the power to make rules, regulations, and bylaws
for its own governance, which shall conform with those set forth by
the City Council, and such rules, regulations, and bylaws shall be
subject to approval by the City Council. Such rules and bylaws shall
include, among other items, provisions for the following:
(1) Regular and special meetings, open to the public;
(2) A record of its proceedings, to be open for inspection by the public;
(3) Reporting to the City Council and the public, from time to time and
annually; and
(4) Reviewing the Comprehensive Plan on a regular basis.
(B) The
Commission will follow Robert’s Rules of Order and procedures
shall not be in conflict with the laws applicable to the Commission
on the following.
(1) Quorum.
A quorum shall consist of a majority of the
membership of the Commission, and any issue to be voted upon shall
be resolved by a majority of those members present.
(2) Voting.
All Commission members shall be entitled to
one vote each upon any question, a quorum being present. The Chairperson
shall vote only to break a tie. Voting procedures shall be in accordance
with Robert’s Rules of Order, but shall not be in conflict with
those adopted by the City Council.
(3) Conflict of interest.
If any member has a conflict of
interest regarding any item on the Commission’s agenda, that
member shall remove himself or herself from the room and shall refrain
from voting only on the item for which a conflict exists. Refer to
Tex. Local Government Code, Ch. 171 and any applicable city ethics
policies or regulations.
(Ordinance 2011-27(f) adopted 11/12/15)
(A) Statutes
of the state authorizing and empowering cities to regulate the platting
and recording of subdivisions or additions within the city’s
corporate limits and establishing extraterritorial jurisdiction are
hereby adopted, and the Commission, acting through its duly authorized
officials, shall have all the rights, powers, privileges, and authority
authorized and granted by and through said statutes pertaining to
regulation of subdivisions in the city limits and extraterritorial
jurisdiction.
(B) The
Commission shall have all the rights, powers, privileges, and authority
authorized and granted by the City Council and through the statutes
of the state authorizing and granting cities the power of zoning and
subdivision regulation as found in Tex. Local Government Code, Ch.
211 and 212, as amended from time to time.
(C) The
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, zoning ordinance amendments, and zoning to
be given to newly annexed areas, and shall make recommendations regarding
the approval of plats of subdivisions as may be submitted to it for
review and other planning related matters. The Commission shall conduct
an annual 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 Commission shall also serve in an advisory capacity on any
planning related item(s) in the city.
(Ordinance 2011-27(f) adopted 11/12/15)
(A) The
city declares the enactment of these regulations governing the use
and development of land, buildings, and structures as 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:
(1) To correct any error in the regulations or map;
(2) To recognize changed or changing conditions or circumstances in a
particular locality;
(3) To recognize changes in technology, the style of living, or manner
of conducting business;
(4) To change the property to uses in accordance with the approved Comprehensive
Plan; or
(5) To make changes in order to implement policies within the Comprehensive
Plan.
(B) In
making a determination regarding a written requested zoning change,
the Commission and the City Council shall consider the following approval
standard factors:
(1) 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;
(2) 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;
(3) 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 unavailable
for development;
(4) The recent rate at which land is being developed in the same zoning
classification as the written request, particularly in the vicinity
of the proposed change;
(5) How other areas designated for similar development will be, or are
unlikely to be, affected if the proposed amendment is approved; and
(6) Any other factors which will substantially affect the public health,
safety, morals, or general welfare.
(Ordinance 2011-27(f) adopted 11/12/15)
(A) Procedure.
Each application for zoning or for an amendment or change to
the existing provisions of this chapter shall be made in writing on
an application form available at the city in the office of the City
Secretary, filed with the city, and shall be accompanied by payment
of the appropriate fee. The application shall also be accompanied
by additional information materials such as plans, maps, exhibits,
legal description of property, architectural elevations, and information
about proposed uses, as deemed necessary by the Mayor/City Secretary
or his or her designee, in order to ensure that the written request
is understood.
(B) Notarized
statement.
All zoning change requests shall be accompanied
by a notarized statement verifying land ownership and, if applicable,
authorization of a land owner’s agent to file the change request.
(C) Official
submission date and completeness of application.
(1) For the purpose of these regulations, the official submission date
shall be the date upon which a complete application for a zoning change
request, which contains all elements and information required by this
chapter, is first submitted to the Mayor/City Secretary or his or
her designee. No application shall be deemed officially submitted
until the Mayor/City Secretary or his or her designee determines that
the application is complete and a fee receipt is issued by the city.
Failure by the Mayor/City Secretary or his or her designee to make
a determination of incompleteness within 15 calendar days following
the date on which the application was first received by the city shall
result in the application being deemed complete, and the official
submission date shall become the calendar day 16 days following initial
receipt of the application by the city.
(2) Zoning change request applications which do not include all required
information and materials will be considered incomplete, shall not
be accepted for official submission by the city, and shall not be
scheduled on a Commission agenda until the proper information is provided
to city staff.
(Ordinance 2011-27(f) adopted 11/12/15)
(A) For
zoning or rezoning requests involving real property, the Commission
shall hold at least one public hearing on each zoning application.
For proposed changes to zoning district boundaries including rezoning
requests, notice of the Commission hearing shall be accomplished by
publishing the purpose, time, and place of the public hearing in the
official newspaper of the city before 15 days before the date of the
hearing date of the public hearing. Written notice of the public hearing
to occur before the Planning and Zoning Commission shall also 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 200 feet of any property affected thereby, said written notice
to be sent before ten days before the hearing date. Such notice may
be served by using the last known address as listed on the most recently
approved tax roll and depositing the notice, with first-class postage
paid, in the U.S. mail.
(B) The
city may, at its option, establish additional rules and procedures
for public notification of proposed zoning changes or development
proposals such as site plans, plats, and developer agreements, which
may include, but not be limited to, the posting of a sign(s) on any
property that is proposed for a zoning change or development by the
applicant or its agent(s). Adherence to such rules and procedures,
if so established by the city, shall be the responsibility of the
applicant and shall be required as part of a zoning change or development
application.
(Ordinance 2011-27(f) adopted 11/12/15)
Failure of the applicant or representative for re-zoning request
or CUP to appear before the Commission or the City Council for more
than one hearing, without an approved delay by the Mayor/City Secretary
or his or her designee, shall constitute sufficient grounds for the
Planning and Zoning Commission or the City Council to table or deny
the application unless the city is notified in writing by the applicant
at least 72 hours prior to the hearing.
(Ordinance 2011-27(f) adopted 11/12/15)
(A) The
Commission shall function in accordance with secs. 154.020 through
154.040 and with applicable provisions in the city’s code of
ordinances.
(B) The
Commission shall hold a public hearing on a zoning or rezoning request
and/or a proposed text amendment to the Zoning Ordinance. After all
public input has been received and the public hearing closed, the
Commission shall make its recommendations on the proposed zoning request
and site plan, if submitted, stating its findings, its overall evaluation
of the request, and its assessment regarding how the request relates
to the city’s Comprehensive Plan. The Commission may, on its
own motion or at the applicant’s request, defer its decision
recommendations until it has had an opportunity to consider other
information or proposed modifications to the request which may have
a direct bearing thereon. If the Commission elects to table the request,
such tabling shall specifically state the time period of the tabling
by citing the meeting date whereon the request will reappear on the
Commission’s agenda.
(C) When
the Commission is ready to act upon the zoning request, it may recommend
approval of the request as it was submitted by the applicant, approval
of the request subject to certain conditions as in the case of a planned
development district or a conditional use permit, or disapproval of
the request. If the Commission’s recommendation is to approve
the request either as submitted or with additional conditions, then
the request will be automatically forwarded to the City Council for
a second public hearing thereon.
(D) If
the Commission recommends denial of the zoning change request, it
shall provide reasons to the applicant for the denial if requested
by the applicant. The Commission Chairperson shall inform the applicant
of the right to receive reasons for the denial.
(Ordinance 2011-27(f) adopted 11/12/15)
(A) Applications
forwarded from the Planning and Zoning Commission to the City Council.
(1) Every application or proposal which is recommended for approval,
or approval with conditions, by the Commission shall be automatically
forwarded, along with the Commission’s recommendation, to the
City Council for setting and holding of public hearing thereon following
appropriate public hearing notification by notifying applicant of
date, time, and place, as well as publishing the purpose, time, and
place of the public hearing in the official newspaper of the city
before 15 days of the date of the hearing. The City Council may then
approve the request, approve it with conditions, or disapprove it
by a simple majority vote of the Council members present and voting.
(2) An application which is recommended by the Commission for denial
shall not be forwarded to the City Council unless the applicant files
a written appeal with the City Secretary within ten days after the
Commission’s decision. Said appeal will, in that instance, be
forwarded to the City Council along with the Commission’s reasons
for denial of the request. The appeal shall be scheduled for the next
possible City Council agenda following appropriate public notification
as prescribed in division (A)(1) above. Ultimate approval of the request
will require a three-fourths majority vote of all members of the City
Council. No zoning change shall become effective until after the adoption
of an ordinance for same.
(B) City
Council action on zoning, rezoning, and text amendment requests.
After a public hearing is held before the City Council regarding
the zoning application, the City Council may approve the request in
whole or in part, deny the request in whole or in part, table the
application to a future meeting specifically citing the City Council
meeting to which it was tabled, or it may refer the application back
to the Commission for further study.
(1) If the City Council approves the request, then division (D) below
will apply.
(2) If the City Council denies the request, then no other zoning application
may be filed for all or part of the subject tract of land, or for
that portion of the Zoning Ordinance, for a waiting period of one
year following the denial, or in the case of a text amendment request
submitted by a property owner or citizen, for a waiting period of
three months following the denial. In the instance that the request
was initiated by the City Council and involved a proposed amendment
to the text of this chapter, then there is no waiting period before
the request can be reconsidered.
(3) The City Council may, at its option, waive the one-year period if,
after due consideration of the matter at a scheduled and posted meeting,
it is determined that denial of the request was based upon erroneous
or omitted information, or if substantial new information pertaining
to the request is discovered.
(C) Protests.
For zoning 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 20% or more of the land area covered by the proposed change,
or the land area within 200 feet of the subject property, in compliance
with the provisions of the Tex. Local Government Code, sec. 211.006.
If a protest against such proposed amendment, supplement, or change
has been filed with the City Secretary, duly signed and acknowledged
by the owners of 20% or more, either of the area of the land included
in such a proposed change or those immediately adjacent to the area
thereof extending 200 feet there from, such amendments shall not become
effective except by a three-fourths vote of all members of the City
Council.
(D) Final
approval and ordinance adoption.
Upon approval of the
zoning by the City Council, the applicant shall submit all related
material with revisions, if necessary, to the Mayor/City Secretary
or his or her designee for the preparation of the amending ordinance.
The zoning request shall be deemed approved at the time the City Council
makes a decision to approve the request as submitted or with certain
conditions. However, the amending ordinance will not be prepared or
formally adopted until a correct description and all required exhibits
have been submitted to the Mayor/City Secretary or his or her designee.
(Ordinance 2011-27(f) adopted 11/12/15)
(A) The
City Council may from time to time, after receiving a final report
thereon by the Commission and after public hearings required by law,
amend, supplement, or change the regulations herein provided or the
boundaries of the zoning districts specified on the Zoning District
Map. Any ordinance regulations or zoning district boundary amendment
may be requested by the City Council, the Commission, or in writing
by the owner of real property or the authorized representative of
an owner of real property. Upon such request, the item(s) shall be
posted on the next Commission agenda after proper application and
notification has been made.
(B) Consideration
for a change in any district boundary line or special zoning regulation
may be initiated only by the property owner or his or her authorized
agent, or by the Commission or the City Council on its own motion
when it finds that public benefit will be derived from consideration
of such matter. Proof of authorization by the property owner must
be submitted with the zoning application. In the event the ownership
stated on an application and that shown in city records are different,
the applicant shall submit proof of ownership or verification that
he or she is acting as an authorized agent for the property owner.
(Ordinance 2011-27(f) adopted 11/12/15)
(A) For
requests involving proposed changes or additions to the text of the
Zoning Ordinance, notice of the Commission hearing shall be accomplished
by publishing the purpose, time, and place of the public hearing in
the official newspaper of the city not less than 15 days prior to
the date of the public hearing. Changes in the ordinance text which
do not change zoning district boundaries, do not establish zoning
regulations for specific districts, or do not involve specific real
property, do not require written notification to individual property
owners.
(B) Public
hearing shall be held as a joint hearing with City Council and the
Commission at which time the changes or additions to the current city
ordinance will be reviewed and any recommendations from City Council
and input from the public will be noted. If needed, the Commission
will schedule a special meeting to review recommendations before submitting
final recommendation to City Council to be voted on at the next scheduled
City Council meeting.
(C) Parliamentary
procedures shall be established by the City Council.
(Ordinance 2011-27(f) adopted 11/12/15)
(A) General
purpose and description.
A conditional use is a land
use which, because of its unique nature, is compatible with the permitted
land uses in a given zoning district only under certain conditions.
Such conditions include a determination that the external effects
of the conditional use in relation to the existing and planned uses
of adjoining property and the neighborhood can be mitigated through
imposition of standards and conditions. This section sets forth the
standards used to evaluate proposed conditional uses and the procedures
for approving conditional use permit (CUP) applications.
(B) Conditional
use permit (CUP) required.
No conditional use shall be established and no building permit shall be issued for any use designated as a conditional use within a zoning district until a conditional use permit is issued in accordance with the provisions of this section. An application for a conditional use permit shall be accompanied by a site plan prepared in the manner described in sec.
154.033. The site plan shall illustrate the proposed use to be established, its relationship to adjoining properties, and how it meets the approval standards set forth in sec.
154.032(B).
(C) Status
of conditionally permitted uses.
The following general
rules apply to all conditional uses.
(1) The designation of a use in a zoning district as a conditional use
does not constitute an authorization or assurance that such use will
be approved.
(2) Approval of a conditional use permit shall authorize only the particular
use for which the CUP is issued.
(3) No use authorized by a conditional use permit shall be enlarged,
extended, or relocated, nor may the number of dwelling units be increased,
unless an application is made for approval of a new conditional use
permit in accordance with the procedures set forth in this section.
(4) Development of the use shall not be carried out until the applicant
has secured all the permits and approvals required by these zoning
regulations, the city’s code of ordinances, or any permits required
by regional, state, and federal agencies.
(D) Procedures
for conditional use permit.
(1) An application along with fee established for a conditional use permit
may be submitted by the property owner of record or by the property
owner’s designated representative to the city. Application shall
be accompanied by additional information materials such as plans,
maps, exhibits, legal description of property, information about proposed
use, or any other requested material for application evaluation. An
official submission date will be assigned by the City Secretary once
all information submitted has been reviewed. If a zoning change or
amendment is required or requested in writing, such application shall
accompany the application for a conditional use permit and shall follow
procedures set forth in secs. 154.020 through 154.040. The fee for
zoning change or amendment and conditional use permits shall apply.
(2) The Planning and Zoning Commission will either place the application
on the next scheduled meeting agenda or schedule a special meeting
to review the application. The City Secretary or Commission Chairperson
may contact the applicant for additional information during the review
process.
(3) Once the Planning and Zoning Commission has completed its review,
a public hearing date shall be set. A location map that identifies
the subject property and all property owners within 200 feet of the
subject property will be prepared and notice will be mailed to the
property owners as well as the applicant at the address on the most
recent approved city tax roll ten days prior to the public hearing
date. A legal notice will be published in the local newspaper 15 days
prior to the public hearing.
(4) During the public hearing, the Commission will present a summary
of the proposed conditional use permit application. Persons in support
of the proposed request as well as those in opposition will be given
an opportunity to speak. Rules will be established for conduction
of public hearing according to secs. 154.085 and 154.086.
(5) Immediately following the public hearing, the Planning and Zoning
Commission will hold a special meeting to make recommendation on the
proposed conditional use permit request to City Council. The Commission
may recommend approval, approval with conditions, disapproval, or
table the request until additional information is received. A conditional
use permit that is recommended for disapproval by the Commission will
still be scheduled on the agenda at the next monthly meeting of the
City Council for consideration.
(6) The City Council shall be the final decision maker on applications
for conditional use permits and shall schedule a public hearing which
will be held either as a special meeting, if needed, or preceding
the regular monthly Council meeting. Notice shall be made in the local
newspaper 15 days prior to the public hearing. The City Council shall
approve, approve with conditions, or disapprove the conditional use
permit application in accordance with division (E) below. If the appropriateness
of the use cannot be assured at the location, the application for
conditional use permit shall be denied as being incompatible with
existing uses or with other uses permitted by right in the district.
(E) Procedures
for conditional use permits.
(1) Upon receipt of the recommendation from the Mayor/City Secretary
or his or her designee, the Commission shall conduct a public hearing
in order to formulate its recommendations to the City Council on the
conditional use permit application.
(2) Notice of the hearing before the Planning and Zoning Commission shall
be accomplished by publishing the purpose, time, and place of the
public hearing in the official newspaper of the city 15 days before
the date of the hearing. Written notice of the hearing shall be sent
to applicant and property owners, as indicated by the most recently
approved city tax roll, that are located within 200 feet of any property
affected by proposed application and notice to be sent ten days before
the hearing date. Such notice may be served by using the last known
address as listed on the most recently approved tax roll and depositing
the notice, with first-class postage paid, in the U.S. mail.
(3) Following the public hearing, the Commission shall recommend approval,
approval subject to modification, or denial of the proposal to the
City Council in accordance with division (F) below. If the appropriateness
of the use cannot be assured at the location, the Commission shall
recommend denial of the application as being incompatible with existing
uses or with other uses permitted by right in the district.
(4) The City Council shall be the final decision-maker on applications
for conditional use permits. Following a public hearing by, and in
consideration of, the Commission’s recommendations, the City
Council shall approve, modify, or deny the proposal for a conditional
use permit in accordance with division (F) below. If the appropriateness
of the use cannot be assured at the location, the application for
conditional use permit shall be denied as being incompatible with
existing uses or with other uses permitted by right in the district.
(F) Standards.
(1) When considering applications for a conditional use permit, the Commission
in making its recommendation and the City Council in rendering its
decision on the application shall, on the basis of the site plan and
other information submitted, evaluate the impact of the conditional
use on, and the compatibility of the use with, surrounding properties
and neighborhoods to ensure the appropriateness of the use at a particular
location. The Commission and the City Council shall specifically consider
the extent to which:
(a) The proposed use at the specified location is consistent with the
policies embodied in the adopted Comprehensive Plan;
(b) The proposed use is consistent with the general purpose and intent
of the applicable zoning district regulations;
(c) The proposed use meets all standards specifically applicable to the
use as established in current city ordinances; and
(d) The proposed use is compatible with, and preserves the character
and integrity of, adjacent development and neighborhoods and, as required
by the particular circumstances, includes improvements or modifications
either on-site or within the public rights-of-way to mitigate development-related
adverse impacts including, but not limited to, the following:
1. Adequate ingress and egress to property and proposed structures thereon
with particular reference to vehicular and pedestrian safety and convenience,
and access in case of fire;
2. Off-street parking areas, loading areas, and pavement type;
3. Refuse and service areas;
4. Utilities with reference to location, availability, and compatibility;
5. Screening and buffering features to minimize visual impacts and/or
setbacks from adjacent uses;
6. Control of signs, if any, and proposed exterior lighting with reference
to glare, traffic safety, economic effect, and compatibility and harmony
with properties in the district;
7. Required yards and open space;
8. Height and bulk of structures;
10. Exterior construction material, building design, and building facade
treatment;
11. Roadway adjustments, traffic-control devices or mechanisms, and access
restrictions to control traffic flow or divert traffic as may be needed
to reduce or eliminate development-generated traffic on neighborhood
streets;
12. Provision for pedestrian access/amenities/areas;
13. The proposed use is not materially detrimental to the public health,
safety, convenience, and welfare, or results in material damage or
prejudice to other property in the vicinity; and
(2) In approving the application, the Commission may recommend and the City Council shall impose such conditions as are reasonably necessary to assure compliance with these standards and the purpose and intent of this section, in accordance with the procedures in sec.
154.032. Any conditions imposed shall be set forth in the ordinance approving the conditional use, and shall be incorporated into or noted on the site plan for final approval. The Mayor/City Secretary or his or her designee shall verify that the site plan incorporates all conditions set forth in the ordinance authorizing the conditional use and shall sign the plan to indicate final approval. The city shall maintain a record of such approved conditional uses and the site plans and conditions attached thereto.
(3) The foregoing standards of development shall not be subject to variances
that otherwise could be granted by the Zoning Board of Adjustments,
nor may conditions imposed by the City Council subsequently be waived
or varied by the Zoning Board of Adjustments. In conformity with the
authority of the City Council to authorize conditional uses, the City
Council may waive or modify specific standards otherwise made applicable
to the use by this chapter to secure the general objectives of this
section, provided, however, that the City Council shall not waive
or modify any approval factor set forth in division (E) above.
(G) Expiration
and extension.
Termination of approval of a conditional
use for failure to commence development and extension of the time
for performance for a conditional use permit shall be governed by
the following. If a permit has not been applied for and work, repairs,
or demolition are not started within 45 days of the date of CUP approval,
the Planning and Zoning Commission or its designee shall give notice
by first-class mail addressed to address given on the application
to appear before the City Council to show cause why said repairs or
demolition has not been started.
(H) Amendment.
No proposed or existing building, premises, or land use authorized
as a conditional use may be established, enlarged, modified, structurally
altered, or otherwise changed from that approved in the conditional
use permit, unless such amendment is authorized in accordance with
the standards and procedures set forth in this section and the conditional
use permit and approved site plan are amended accordingly.
(I) Other
regulations.
The Zoning Board of Adjustments shall not
have jurisdiction to hear, review, reverse, or modify any decision,
determination, or ruling with respect to the specific land use designated
by any conditional use permit.
(Ordinance 2011-27(f) adopted 11/12/15)