90-6.01.01
Creation of a Building Site, Tract or Lot.
No permit
for the construction of a building or buildings or fence, wall, or
sign upon any tract or plot shall be issued until a building site,
building tract or building lot has been created by compliance with
one of the following conditions:
(A)
Plat requirement.
The lot or tract is part of a plat
of record, approved by the city and filed in the plat records of Tarrant
County, Texas.
(B)
Officially approved tract requirement.
The tract is
all or part of an officially approved site plan in a PD Planned Development
District or specific use permit (SUP), in which the site plan provides
all utility and drainage easements, alleys, streets and other public
improvements necessary to meet the normal requirements for platting,
including the designation of building areas, and such easements, alleys,
and streets have been acquired and properly dedicated and the necessary
public improvements provided.
(C)
Public improvements.
Per V.T.C.A., Local Government
Code ch. 212, public improvements shall not be required for tracts
greater than five acres that have public access.
90-6.01.02
Building Permit.
(A)
Permit requirement.
(1)
Building permits are required within the city limits in accordance
with 2012 International Building Code. No building or other structure
shall be erected, moved, modified, added to, or structurally altered
within the city limits without a building permit issued by the city.
No building permit shall be issued except in conformity with the provisions
of this chapter and all applicable construction codes of the city.
[Ord. No. 1273-14, § 1(Exh.
A), 5-6-2014; Ord. No.
1296-15, § 2(Exh. A), 8-18-2015]
90-6.02.01
Certificates of Occupancy Required.
(A)
Use.
No building hereafter erected or structurally altered,
shall be used, occupied or changed in use until a certificate of occupancy
or other final building permit inspection has been issued by the building
official, stating that the building or proposed use of the building
or premises complies with the building code, electrical code, plumbing
code, fire code, and the provisions of these regulations.
(B)
Change in use.
A change in use shall be construed to
mean any change in occupancy, type of business, nonresidential tenant,
or ownership in nonresidential building.
[Ord. No. 1273-14, § 1(Exh.
A), 5-6-2014; Ord. No.
1410-20, § 1, 6-22-2020]
(A)
Procedures.
(1)
Process requirements.
(a)
Zoning amendments require city council approval.
The
city council may, from time to time, amend, supplement or change by
ordinance, the boundaries of the zoning districts (i.e., zoning map
amendment (rezoning)) or the regulations herein established (i.e.,
zoning text amendment).
(b)
Planning and zoning commission recommendation required for all amendments.
Before taking action on any proposed amendment the city council
shall submit the same to the planning and zoning commission for its
recommendation and/or report.
(c)
Petitions submitted to the city council.
1.
Any person or corporation having a proprietary interest in any property
may petition the city council for a change or amendment to the zoning
provisions of this Zoning Ordinance or map; or
2.
The planning and zoning commission may, on its own motion or on request
from the city council, study and propose zoning changes and/or amendments
for the city council's consideration.
(2)
Two types of zoning amendments.
(a)
Zoning map amendment (rezoning).
A zoning map amendment
(rezoning) is a change or modification to the boundaries of any zoning
district.
(b)
Zoning text amendment.
A zoning text amendment is a
change to the text of this Zoning Ordinance and does not include change
or modification to the boundaries of any zoning districts.
(3)
Planning and zoning commission recommendation requires public hearing.
(a)
The planning and zoning commission shall hold a public hearing on
any application for any amendment or change prior to making its recommendation
and/or report to the city council.
(b)
In the case of a zoning map amendment (rezoning):
1.
Written notice of all public hearings before the planning and zoning
commission on a proposed amendment or change shall be sent to all
owners of real property within 200 feet of the property on which the
change is requested.
(i)
Such notice shall be given not less than ten days before the
date set for hearing by posting such notice, properly addressed and
postage paid, to each taxpayer as the ownership appears on the last
approved city tax roll or county tax roll for the area affected.
2.
Any proposed map amendment shall be consistent with the comprehensive
plan.
3.
For selected zoning districts, each rezoning application shall be
accompanied by a site plan (see subsection 6.06.01.(A)(1)).
(4)
Sign posting for a zoning map amendment (rezoning) related to a particular
property.
(a)
At least ten days prior to the public hearing by the planning and
zoning commission on a proposed amendment to the zoning text and/or
map related to particular property, the city shall cause a sign, clearly
visible to passersbys, to be placed and maintained on such property.
(b)
The sign shall state that the property is the subject of a rezoning
application.
(c)
The zoning administrator shall furnish the applicant the sign, which
the applicant shall post on the property proposed to be rezoned.
(d)
The sign shall remain continuously posted on the property until the
city council has conducted its public hearing on the matter.
(5)
Effect of posted sign maintenance.
The continued maintenance
of the sign shall not be a condition precedent to the holding of a
public hearing, the adoption of any proposed zoning change, or any
other official action concerning such amendment.
(6)
City council decision and public hearing required.
(a)
A public hearing shall be held by the city council before adopting
any proposed amendment.
(b)
Notice of such hearing shall be given by publication in the official
publication of the city stating the time and place of such hearing,
which time shall not be earlier than 15 days from the date of publication.
(7)
Three-fourths city council vote required for protested amendments.
(a)
If a proposed change to a district regulation or boundary is protested
in writing and signed by the owners of at least 20 percent of either:
1.
The area of the lots or land covered by the proposed change; or
2.
The area of the lots or land immediately adjoining the area covered
by the proposed change and extending 200 feet from that area, then,
in order to take effect, the proposed change must receive at least
three-fourths affirmative vote of all members of the council.
(b)
In computing the percentage of land area under subsection (G)(1)
above, the area of streets and alleys shall be included.
|
Figure 5. Calculation for Areas of Protest
 |
(8)
Joint public hearing.
At its discretion, the city council
may conduct the public hearing on an amendment to the Zoning Ordinance
jointly with a public hearing required to be held by the planning
and zoning commission. The city council may not take action in the
matter until it receives the final report of the commission.
(B)
Public
Hearings and Notification Requirements for Zoning Related Applications.
(1)
Public hearings.
Public hearings shall be conducted
for each review body per plan or application type according to the
following table.
|
Table 11. Review Bodies and Associated Public Hearings
| |||
|---|---|---|---|
|
Application Type
|
City Council
|
Planning & Zoning Commission
|
Board of Adjustment
|
|
Zoning Map Amendment (Rezoning)
|
Hearing
|
Hearing
|
|
|
Zoning Text Amendment
|
Hearing
|
Hearing
|
|
|
PD Application and Review
|
Hearing
|
Hearing
|
|
|
Specifc Use Permit (SUP)
|
Hearing
|
Hearing
|
|
|
Amortization of Nonconforming Uses
|
|
|
Hearing
|
|
Appeal of an Administrative Decision
|
|
|
Hearing
|
|
Zoning Variance
|
|
|
Hearing
|
|
Zoning Special Exception
|
|
|
Hearing
|
(2)
Public notices.
Public notices shall be required according
to the following table.
|
Table 12. Required Public Notice
| ||||
|---|---|---|---|---|
|
Application Type
|
Property Posted (Sign) Notice
|
Published (Newspaper) Notice
|
Mailed Notice
|
Posted Notice
|
|
Zoning Map Amendment (Rezoning)
|
Required (P&Z/ City Council)
|
Required (City Council)
|
Required (P&Z)
|
Required (P&Z/ City Council)
|
|
Zoning Text Amendment
|
|
Required (City Council)
|
|
Required (City Council)
|
|
PD Application and Review
|
Required (P&Z/ City Council)
|
Required (City Council)
|
Required (P&Z)
|
Required (P&Z/ City Council)
|
|
Specifc Use Permit (SUP)
|
Required (P&Z/ City Council)
|
Required (City Council)
|
Required (P&Z)
|
Required (P&Z/ City Council)
|
|
Amortization of Nonconforming Uses
|
|
Required (ZBA)
|
Required (ZBA)
|
Required (ZBA)
|
|
Appeal of an Administrative Decision
|
|
|
|
Required (ZBA)
|
|
Zoning Variance
|
|
|
Required (ZBA)
|
Required (ZBA)
|
|
Zoning Special Exception
|
|
|
Required (ZBA)
|
Required (ZBA)
|
(3)
Types of notice.
(a)
Postings of signs on property.
The zoning administrator
shall maintain an inventory of signs to fulfill the notification requirements
listed in Table 12. Required Public Notice.
(b)
"Published notice" and "mailed notice" of public hearing for zoning
changes involving real property.
1.
Mailed notice (also referred to as "written notice"):
(i)
Written notice of the public hearing before the planning and
zoning commission shall 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 the tenth calendar
day prior to the date such hearing is to be held.
(ii)
Said written notice shall 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 regular United States mail.
(iii)
If written notice as required is not sent before the tenth calendar
day prior to the date of the hearing, then the hearing must be delayed
until this notice requirement is met. Such notice shall include:
A.
Legal description of the property and the street address or
approximate location within the city;
B.
Present zoning classification of the property and the zoning
sought by the applicant. If not a rezoning, then the nature or intent
of the application shall be described;
C.
The date, time and place of hearing;
D.
The web site that contains the zoning map and information regarding
the rezoning;
E.
The phone number where questions may be answered; and
F.
Other information as may be necessary to provide adequate and
timely public notice.
2.
Published notice.
Notice of the public hearing to occur
before the city council shall be accomplished by publishing the purpose,
date, time, and place of the public hearing in the official newspaper
of the city before the 15th calendar day prior to the date of the
public hearing.
(c)
"Published notice" of public hearing for zoning changes involving
regulation text:
1.
For requests involving proposed changes to the text of the zoning
regulations, notice of the city council public hearing shall be accomplished
by publishing the purpose, date, time, and place of the public hearing
in the official newspaper of the city before the 15th calendar day
prior to the date of the public hearing.
2.
Changes in the zoning text that do not change zoning district boundaries
(i.e., that do not involve specific real property) do not require
mailed/written notification to individual property owners.
(d)
"Published notice" and "mailed notice" of an appeal of an administrative
decision to the board of adjustment:
1.
For an appeal of an administrative decision, the board of adjustment
shall fix a reasonable time for the hearing of an appeal, give the
public notice by written notice in the mail addressed to all owners
of real property located within 200 feet of the property on which
the appeal is made, and by publication of notice of such hearing in
the city's official newspaper.
2.
Both the written/mailed and published notice shall be given at least
ten days prior to the date for the hearing.
3.
At the hearing, any party may appear in person or by attorney or
by agent.
(e)
Additional rules and procedures established:
1.
The city council may, at its option, establish additional rules and
procedures for public notification of proposed zoning changes and
development proposals (e.g., required plans, plats, etc.), 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).
2.
Knowledge of and 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.
(f)
Special notice.
Pursuant to V.T.C.A., Local Government
Code § 211.007(d), the city council may, by a two-thirds vote,
prescribe the type of notice to be given of the time and place of
a public hearing held jointly by the city council and the planning
and zoning commission.
[Ord. No. 1273-14, § 1(Exh.
A), 5-6-2014; Ord. No. 1461-22 adopted 10/24/2022]
90-6.04.01
Applicability, Completeness and Expiration.
(A)
Applicability.
The following procedures shall apply
to any zoning related plan or application that is required by the
city and is submitted in accordance with this Zoning Ordinance.
(B)
Determination of completeness for zoning related applications.
Every required application shall be subject to a determination
of completeness by the zoning administrator.
(1)
Acceptance standard.
The application shall only be accepted
by the zoning administrator when it is accompanied by all documents
required by, and prepared in accordance with, the requirements of
this Zoning Ordinance. A typographical error shall not, by itself,
constitute an incomplete application.
(2)
Acceptance procedures.
A determination of completeness
of an application shall be conducted in accordance with the following
procedures:
(a)
A determination of completeness shall be made by the responsible
official not later than the tenth business day following submission
of the application, unless otherwise specified, after the official
vesting date.
(b)
If the submitted application is incomplete, the applicant shall be
notified in writing not later than the tenth business day following
submission of the application.
1.
Such notice shall be served by depositing it in the U.S. Postal Service,
or by electronic mail transmission, before the close of the tenth
business day following submission of the application.
2.
The notification shall specify the documents or other information
needed to complete the application, and shall state the date the application
will expire (see subsection (D) Expiration of a zoning related application
due to incompleteness below) if the documents or other information
are not provided to the city.
(c)
An application shall be deemed complete on the 11th business day
after the application has been received if notice is not provided
in accordance with subsection (B)(2)(b) above.
(d)
If the application is determined to be complete, the application
shall be processed as prescribed by this Zoning Ordinance.
(3)
Acceptance shall not constitute compliance.
A determination
of completeness shall not constitute a finding of compliance with
the substantive requirements of this section.
(4)
Acceptance shall not guarantee approval.
It is not guaranteed
that an accepted, complete application will be approved, if after
the application is deemed complete it is determined that the application
does not comply with this Zoning Ordinance.
(C)
Re-submittal after notification of incompleteness.
(1)
If the application is re-submitted after a notification of incompleteness
within the time allotted in subsection (B)(2)(b) above, the application
shall be processed upon receipt of the re-submittal.
(2)
To the extent that the information and/or documents submitted are
not sufficient to enable the decision-maker to apply the criteria
for approval, the application may be denied on such grounds.
(D)
Expiration of a zoning related application due to incompleteness.
Pursuant to V.T.C.A., Local Government Code ch. 245, a zoning
related application shall automatically expire at the close of business
on the 45th calendar day after the application official vesting date,
if:
(1)
The applicant fails to provide documents or other information necessary
to comply with the city's technical requirements relating to the form
and content of the permit application; and
(2)
The city provides to the applicant, not later than the tenth business
day after the date the application is filed, written notice that specifies
the necessary documents or other information, and the date the application
will expire if the documents or other information is not provided;
and
(3)
The applicant fails to provide the specified documents or other information
necessary to comply with the city's requirements relating to the application
within the time provided in the notification.
(E)
Zoning amendment application.
(1)
Complete applications required.
No zoning amendment
application shall be accepted for filing or processing unless such
request is accompanied by a completed application form and all documents
required by and prepared in accordance with the requirements of the
zoning regulations and any other applicable ordinance and it is filed
with the zoning administrator.
(2)
Texas Local Government Code ch. 245 does not apply to zoning amendment
applications.
Chapter 245 of the Texas Local Government
Code, as amended, shall not apply to a zoning amendment application
or an ordinance establishing zoning since neither is a permit under
this Zoning Ordinance or V.T.C.A., Local Government Code ch. 245.
(3)
Denial of zoning applications.
(a)
If any city official processes a zoning application prior to the
application being determined complete, the application shall then
be deemed invalid and shall be grounds for denial or revocation of
such application.
(b)
A typographical error shall not constitute an incomplete application.
(c)
The applicant shall be notified of such denial or revocation for
an incomplete zoning application in writing.
(F)
Vesting begins on the official vesting date.
An application
shall be vested into the zoning classifications in effect at the time
of the application's official vesting date.
(G)
Submission of previously decided zoning related application.
After the final decision on a specific application by the decision-maker,
the application shall not be resubmitted for a minimum of six months
from the decision-maker's action.
[Ord. No. 1273-14, § 1(Exh.
A), 5-6-2014]
90-6.05.01
Zoning Vested Rights Determination.
(A)
Purpose.
In accordance with the V.T.C.A., Local Government
Code ch. 245 or successor statute, the purpose of a zoning vested
rights determination request is to determine whether one or more standards
of this Zoning Ordinance should not be applied to a plan or application,
or whether certain permits are subject to expiration.
(B)
Applicability of a zoning vested rights determination request.
(1)
Any application.
A zoning vested rights determination
request may be sought for an application, permit, or plan required
under this Zoning Ordinance.
(2)
Joint submission.
A zoning vested rights determination
request may be submitted by an application along with submission of
a request for a zoning text amendment to this Zoning Ordinance, a
zoning map amendment (rezoning), or any other request for a legislative
decision by the city council.
(C)
Determination request submission.
(1)
Filing.
A zoning vested rights determination request
shall be submitted to the zoning administrator in accordance with
the V.T.C.A., Local Government Code ch. 245 or successor statute.
(2)
Stay of further proceedings. Submission of such request shall stay
further proceedings on the related application until a final decision
is reached on the zoning vested rights determination.
(D)
Determination request requirements.
The zoning vested
rights determination request shall allege that the applicant has a
vested right that requires the city to review and decide the application
under standards in effect prior to the effective date of the currently
applicable standards. The request shall include, at a minimum, the
following information and documents:
(1)
Basic owner information.
The name, mailing address,
phone number and fax number of the property owner (or the property
owner's duly authorized agent).
(2)
Identification of property and "project":
(a)
Identification of the property for which the property owner claims
a vested right.
(b)
Identification of the "project," as that term is defined in V.T.C.A.,
Local Government Code § 245.001(3).
(c)
A chronology of the history of the "project," with special emphasis
on facts establishing that the project was in progress on or commenced
after September 1, 1997, as required by V.T.C.A., Local Government
Code § 245.003.
(3)
Narrative description for purpose of determination request.
A narrative description of the grounds for the determination
request, including a statement as to whether the request asserts a
vested right related to a specific regulation or to an entire project.
(4)
Identification of regulations:
(a)
Identification of the city regulations in effect at the time the
original application for the permit that the owner contends are vested
and that the owner contends controls the approval, disapproval, or
conditional approval of an approval for a permit, pursuant to V.T.C.A.,
Local Government Code §§ 245.002(a) and (b).
(b)
Identification of the city regulations, with particularity and in
detail, that the property owner contends do not apply to the project
due to the vested rights provided the property owner by V.T.C.A.,
Local Government Code ch. 245.
1.
Global references to a particular ordinance, or set of criteria,
may be deemed insufficient and the city may consider the request for
a vested rights determination to be incomplete and, hence, not subject
to a staff determination at that time.
(c)
Identification of any current city regulations that applicant agrees
can be applied to the application at issue.
(5)
Copies of applications.
A copy of each approved or pending
application that is the basis for the zoning vested rights determination
request shall be submitted to the city.
(6)
Submittal date of first application.
The submittal date
of the first application that began the vesting process (i.e., first
permit in the series of permits required for the project), as identified
in section 6.04 Complete Applications.
(7)
Submittal date of subsequent application.
If applicable,
the submittal dates of subsequent application for the permits for
the project.
(8)
Narrative description of how current regulations affect proposed
use.
A narrative description of how the application of
current regulations affect proposed use of the land, landscaping or
tree preservation, open space, or park dedication, lot size, lot dimensions,
coverage or building size shown on the application for which the request
is filed.
(9)
Copies of prior vested rights determinations.
A copy
of any prior vested rights determination involving the same land.
(10)
Benchmarking project progress for expiring permits or applications.
Whenever the applicant alleges that a permit or application
subject to expiration should not be terminated, a description of the
events constituting progress toward the completion of the project
approaching permit expiration was approved.
(E)
Validity and expiration of different "permits" for vesting purposes.
(1)
Required plan or rezoning validity and expiration.
(a)
Required plan or rezoning.
A site plan for rezoning
or an SUP's site plan shall be considered a "permit" as described
by state law in V.T.C.A., Local Government Code § 245.005, as
amended, of the Texas Local Government Code (TLGC) and be referred
to as a "required plan."
(b)
Appropriate approval required for a "permit".
A required plan shall not be considered a "permit" unless it has
been approved by the appropriate entity before the effective date
of these regulations, or an application for a required plan is complete
as of the effective date of these regulations.
(c)
Required plan expiration.
Any approved required
plan shall be deemed expired two years from the date on which the
required plan was originally approved by the appropriate entity if
no progress (see subsection (E)(1)(d) below) has been made toward
completion of the project.
(d)
Progress benchmarks.
The term "progress" shall
be as defined based on V.T.C.A., Local Government Code § 245.005
as follows:
1.
Plans for construction and an application for a building permit for
at least one of the buildings on the approved required plan are submitted
within two years following approval of the required plan;
2.
A good-faith attempt is made to file with the city an application
for a permit necessary to begin or continue towards completion of
the project;
3.
Costs have been incurred for developing the project including, without
limitation, costs associated with roadway, utility, and other infrastructure
facilities designed to serve, in whole or in part, the project (but
exclusive of land acquisition) in the aggregate amount of five percent
of the most recent appraised market value of the real property on
which the project is located;
4.
Fiscal security is posted with the city to ensure performance of
an obligation required by the city; or
5.
Utility connection fees for the project have been paid to the city.
(e)
Required plan expiration.
If one of the items
listed in subsections (E)(1)(d)1 through (E)(1)(d)5 above, is not
accomplished within the two-year period, the approved required plan
shall expire upon the second anniversary of its approval by the appropriate
entity, and shall become null and void.
(f)
Required plan extension and reinstatement request:
1.
Prior to the expiration of a required plan, the applicant may request
the city (in writing) to extend the required plan approval.
2.
The zoning administrator shall be the responsible official for processing
and review of the application.
3.
Such request shall be recommended for approval or denial by the planning
and zoning commission, and shall be granted approval or denied by
the city council.
4.
If no request is submitted, then the required plan shall be deemed
to have expired and shall become null and void.
(i)
Any new request for required plan approval thereafter shall
be deemed a "new permit", and shall be submitted with a new application
form, with a new filing fee, and with new plans and materials in accordance
with the procedures set forth in this section.
(ii)
The new request shall also be reviewed for compliance with the
ordinances and regulations in effect at the time the new application
is made.
5.
In determining whether to grant a request for extension, the planning
and zoning commission and city council shall take into account the
following factors:
(2)
Building permit site plan validity and expiration.
A
site plan required as part of a building permit application shall
be considered a "permit" as described by state law in V.T.C.A., Local
Government Code § 245.005, as amended, of the Texas Local Government
Code (TLGC).
(a)
Building permit site plan expiration.
Any approved
building permit site plan shall be deemed expired two years from the
date on which the building permit site plan was approved if no progress
has been made toward completion of the project.
(b)
Progress benchmarks.
The term "progress" shall
be as defined based on V.T.C.A., Local Government Code § 245.005
as follows:
1.
Plans for construction and an application for a building permit for
at least one of the buildings on the approved building permit site
plan are submitted within two years following approval of the building
permit site plan;
2.
A good-faith attempt is made to file with the city an application
for a permit necessary to begin or continue towards completion of
the project;
3.
Costs have been incurred for developing the project including, without
limitation, costs associated with roadway, utility, and other infrastructure
facilities designed to serve, in whole or in part, the project (but
exclusive of land acquisition) in the aggregate amount of five percent
of the most recent appraised market value of the real property on
which the project is located;
4.
Fiscal security is posted with the city to ensure performance of
an obligation required by the city; or
5.
Utility connection fees or impact fees for the project have been
paid to the city.
(c)
Expiration.
If one of the items listed in subsections
(E)(1)(d)1 through (E)(1)(d)5 above, is not accomplished within the
two-year period, then the approved building permit site plan shall
expire and shall become null and void.
(d)
Building permit site plan extension and reinstatement request:
1.
Prior to the expiration of a building permit site plan, the applicant
may request the city (in writing) to extend the building permit site
plan approval.
2.
The zoning administrator shall be the responsible official for processing
and review of the application.
3.
Such request shall be recommended for approval or denial by the planning
and zoning commission, and shall be granted approval or denial by
the city council.
4.
If no request is submitted, then the building permit site plan shall
be deemed to have expired and shall become null and void.
A.
Any new request for building permit site plan approval shall
be deemed a "new permit", and shall be submitted with a new application
form, with a new filing fee, and with new plans and materials in accordance
with the procedures set forth in this section.
B.
The new request shall also be reviewed for compliance with the
ordinances and regulations in effect at the time the new application
is made.
5.
In determining whether to grant a request for extension, the planning
and zoning commission and city council shall take into account the
following reasons for the lapse:
(3)
Planned development master plan: validity and expiration.
In conformance with V.T.C.A., Local Government Code ch. 245, as amended,
the applicant shall retain the following additional rights related
to an approved planned development master plan.
(a)
Preliminary plat submittal within two years required:
1.
An application for a preliminary plat shall be submitted for approval
within two years of the date of approval of a planned development
master plan, unless otherwise provided in the PD adopting ordinance.
2.
If a preliminary plat consistent with the planned development master
plan is not submitted within such period, the planned development
master plan shall expire.
(b)
Expiration of an approved planned development master plan:
1.
Expiration of an approved planned development master plan (based
on subsection (E)(3)(a) above) shall result in suspension of the ability
to submit a preliminary plat related to the original planned development
master plan.
2.
A new planned development master plan must be submitted before the
development process can continue.
(c)
Expiration of an approved preliminary plat:
1.
The expiration of an approved preliminary plat shall be governed
by the provisions of the subdivision ordinance.
2.
If a required development application (e.g., preliminary plat, final
plat, building permit) is submitted within the two-year period, but
such development application subsequently expires, the associated
planned development master plan shall also expire.
(4)
Ability to retain the rights to the PD planned development project.
In conformance with V.T.C.A., Local Government Code ch. 245,
as amended, the applicant shall retain the following rights related
to a proposed PD planned development following submittal and approved
of a planned development master plan.
(a)
Ability to submit applications for five years:
1.
The applicant shall retain the ability to submit a new planned development
master plan for a period of five years following the original planned
development master plan approval.
2.
Such new planned development master plan may only be for a substantially
similar PD project.
3.
However, any such new planned development master plan shall adhere
to any and all new standards and regulations that the city has adopted
in relation to a planned development master plan and/or any other
PD application requirements.
(b)
Expiration of project in five years.
Any PD project
for which no preliminary plat has been submitted for a period of five
years following the approval of the related planned development master
plan shall expire on the last day of that five-year period.
(c)
Planning and zoning commission consideration:
1.
After such five-year period has ended and the project expires, the
planning and zoning commission shall consider whether the undeveloped
land within the PD District should be changed to another zoning classification
in accordance with the procedures for a zoning amendment pursuant
to section 6.03 Zoning Text and Map Amendments.
2.
The planning and zoning commission thereafter shall recommend to
the city council whether the right to submit a preliminary plat or
other development application for the same PD project should be reinstated,
or whether the property should be rezoned to another classification.
(d)
City council consideration and action:
1.
Consideration:
A.
The planning and zoning commission's recommendation (as outlined
in subsection (E)(4)(c) above) shall be considered by the city council
in accordance with procedures for a zoning amendment pursuant to section
6.03 Zoning Text and Map Amendments.
B.
The city council shall determine whether the right to submit
the preliminary plat or other development application for the same
PD project should be reinstated, or whether the property should be
rezoned to another classification.
C.
In making such determination, the city council shall consider
the following factors:
i.
Whether the PD planned development remains consistent with the
comprehensive plan;
ii.
Whether the uses authorized in the PD planned development are
compatible with existing and planned land uses adjacent to the site;
iii.
Whether there are extenuating circumstances justifying
the failure to submit a preliminary plat or other development application
during the applicable time period; and
iv.
Whether rezoning the property to another classification constitutes
confiscation of a vested property right or deprives the owner of the
economically viable use of the land.
2.
City council action.
Upon the above subsections
occurring, the city council may take the following actions:
A.
Reinstate the right to submit the preliminary plat or other
development application for the original PD project within a certain
time period, subject to any conditions that may be appropriate to
ensure that significant progress will be made toward development of
land within the PD Planned Development District;
B.
Modify the PD Planned Development District regulations applicable
to the property; or
C.
Repeal the PD Planned Development District for portions of the
property and zone such property to another zoning district classification.
(F)
Decision of a zoning vested rights determination request.
(1)
Review of a zoning vested rights determination request.
The responsible official shall promptly forward the owner's vested
rights request, along with any supporting information or documentation
provided along with the request, to the zoning administrator and city
attorney for their respective reviews.
(2)
Decision on a zoning vested rights determination request:
(a)
The zoning administrator, after consultation with the city attorney,
shall issue a final administrative determination of whether a vested
right exists in relation to the project, and shall identify, with
particularity, all claims for vested rights that have been granted
and all claims for vested rights that have been denied.
(b)
The zoning administrator shall issue a final administrative determination
within 30 business days from the receipt of the responsible official.
(3)
Vesting pre-determination conference.
Prior to rendering
the final determination, the zoning administrator may request a pre-determination
conference with the owner to discuss the owner's vested rights claim
and to ensure that the nature of the claim is fully and completely
understood by the zoning administrator prior to a final determination
being rendered.
(G)
Appeal to the city council of a decision on a zoning vested rights
determination request.
(1)
If the property owner or any affected party believes that the zoning
administrator's vested rights determination is in error, the property
owner or such party shall have the right to appeal within 30 business
days of such determination to the city council, which will have jurisdiction
to hear and decide the appeal pursuant to this Zoning Ordinance and
V.T.C.A., Local Government Code ch. 211.
(2)
The property owner may also request the board of adjustment to grant
a zoning variance from the regulations at issue under the same standards
governing variances for other matters, as set forth in this Zoning
Ordinance and/or V.T.C.A., Local Government Code ch. 211.
(H)
Judicial review.
Should the property owner or any aggrieved
person be dissatisfied with the actions of the city council, they
may avail themselves of all legal remedies to review the decision
as set forth in V.T.C.A., Local Government Code § 211.011.
(I)
Binding determination.
(1)
The zoning administrator's final determination, if not appealed to
the city council within 30 business days, shall be immediately filed
in the city's files related to the project and the determination shall
be considered binding upon the city and the property owner for the
duration of the project.
(2)
Similarly, any decision by the city council regarding a vested right
claim shall be filed in the city's files related to the project and
the determination shall be considered binding upon the city and the
property owner for the duration of the project.
(3)
Notwithstanding the binding nature of the zoning administrator's
final determination and any ruling by the city council, the city and
the property owner may, at any time, enter into a development agreement
that, to the extent authorized by law, modifies the final determination
and the applicable development regulations to be applied to the project.
(J)
Action on petition and order.
The zoning administrator
or city council on the petition or appeal may take any of the following
actions:
(1)
Deny the relief requested in the request, and direct that the application
shall be reviewed and decided under currently applicable standards;
(2)
Grant the relief requested in the request, and direct that the application
be reviewed and decided in accordance with the standards contained
in identified prior regulations; or
(3)
Grant the relief requested in part, and direct that certain identified
current standards be applied to the application, while standards contained
in identified prior regulations also shall be applied.
[Ord. No. 1273-14, § 1(Exh.
A), 5-6-2014]
90-6.06.01
90-6.06.02
Approval.
(A)
Approval authorities.
(1)
City council.
Approval by the city council shall be
required on all site plans submitted in accordance with this Ordinance,
except site plans submitted with a building permit application (see
subsection 6.06.01.(A)(1) above).
(2)
Zoning administrator.
The zoning administrator shall
have approval authority on all site plans submitted at the time of
building permit application (see subsection 6.06.01.(A)(2) above).
(B)
Review process.
(1)
Site plan for a rezoning.
Site plans submitted according
to section 6.03 Zoning Text and Map Amendments for rezoning property
shall follow the following process:
(a)
The development review committee (DRC) shall evaluate all site plans
and submit findings in a report regarding the site plan's conformance
to the standards of this Zoning Ordinance to the zoning administrator
within 20 business days following receipt of a completed application.
(b)
Upon receipt from the DRC, the zoning administrator may either modify
or accept the DRC report and shall submit a report to the planning
and zoning commission.
(c)
The planning and zoning commission shall review and recommend action
to the city council on the site plan forwarded by the zoning administrator.
(d)
The city council shall take action to approve, approve with conditions,
or deny the site plan.
(2)
Site plan for a building permit.
The development review
committee (DRC) shall review site plans at time of building permit
application.
(a)
The development review committee (DRC) shall evaluate all site plans
and submit findings in a report regarding the site plan's conformance
to the standards of this Zoning Ordinance within 20 business days
following receipt of a complete application.
(b)
The zoning administrator shall have the authority to approve or deny
the site plan.
(C)
Standards for site plan review and evaluation.
The city council or the zoning administrator (as determined by subsection (A) above) shall review the site plan for compliance with all applicable city ordinances with respect to the following:
(1)
The site plan's compliance with all provisions of this Zoning Ordinance,
and other applicable ordinances.
(2)
The relationship of the development to adjacent uses in terms of
harmonious design, facade treatment, setbacks, building materials,
maintenance of property values, and any possible negative impacts.
(3)
The provision of a safe and efficient vehicular and pedestrian circulation
system, such as driveways.
(4)
The design and location of off-street parking and loading facilities
to ensure that all such spaces are usable and are safely and conveniently
arranged.
(5)
The sufficient width and suitable grade and location of streets designed
to accommodate prospective traffic and to provide access for firefighting
and other emergency equipment to buildings.
(6)
The coordination of streets so as to arrange a convenient system
consistent with the city's adopted thoroughfare plan, as amended.
(7)
The use of landscaping and screening to provide adequate buffers
to shield lights, noise, movement, or activities from adjacent properties
when necessary.
(8)
Exterior lighting to ensure safe movement and for security purposes,
which shall be arranged so as to minimize glare and reflection upon
adjacent properties.
(9)
Protection and conservation of watercourses and areas that are subject
to flooding.
(10)
The adequacy of water, drainage, sewerage facilities, solid waste
disposal, and other utilities necessary for essential services to
residents and occupants.
(D)
Developments approved in conjunction with a site plan.
Any individual lot or lots proposed for development that were approved
in conjunction with a site plan that shall require rezoning that have
not complied with the requirements of section 6.06.06. Applicant Initiated
Elimination of Existing Site Plans and section 6.06.07. Expiration
of Site Plans below or SUP Specific Use Permit, shall follow the requirements
set out in section 6.06 Site Plan Requirements and section 6.03 Zoning
Text and Map Amendments.
(E)
Conformity required for the granting of building or occupancy permits.
In order for a building permit or occupancy permit to be granted,
all construction shall conform to the approved site plan, or if no
site plan is required, then all other requirements of this Ordinance
shall be met.
90-6.06.03
Failure to Comply.
Whenever the zoning administrator
finds that any proposed construction varies substantially for properties
approved in conjunction with a site plan approved by the planning
and zoning commission and city council, the procedure outlined in
section 6.06.04. Major Variation below shall be followed.
(A)
Major variation of a site plan.
(1)
A major variation is defined as an increase or decrease in the size
of a building by 20 percent, a change in configuration of the proposal,
increase in the number of curb cuts or change in direction of curb
cuts, and change in point of discharge of water.
(2)
A change in the use of a building or property with said change in
use being a permitted use in the applicable zoning district, does
not require the site plan to be reviewed.
(B)
Minor variation of a site plan.
(1)
A minor variation may be approved by the zoning administrator or
referred as outlined in section 6.06.04. Major Variation below at
the discretion of the Zoning Administrator.
(2)
A minor variations include corrections of distances and dimensions,
adjustments of building configuration and placement, increase in building
area not to exceed 1,000 square feet, and the addition or removal
of ten or fewer parking spaces.
(3)
In regards to property being developed that does not require an approved
site plan by planning and zoning commission or city council, no deviation
from the site plan submitted at the time of building permit application
shall be allowed unless an application for amendment is made by the
applicant and approved by the zoning administrator.
90-6.06.04
Major Variation.
Major variation to the site plan shall
occur in the same manner as the original application.
90-6.06.05
Fees.
Refer to the adopted Zoning Ordinance Fee Schedule
for fees.
90-6.06.06
Applicant Initiated Elimination of Existing Site Plans.
With the exception of SUP specific use permits and PD planned developments,
applicants for site plans approved in conjunction with a rezoning
request prior to the adoption of this Ordinance may apply for a public
hearing as prescribed in section 6.03 Zoning Text and Map Amendments
before the planning and zoning commission and city council to request
elimination of said site plan.
90-6.06.07
Expiration of Site Plans.
The approval of a site plan
shall be effective for a period of three years from the date of approval
by the city council or city staff, at the end of which time the applicant
must have submitted and received approval of a building permit or
the zoning administrator must determine that the applicant has demonstrated
substantial progress toward the completion of the project for which
the site plan was approved.
(A)
Null and void.
If a building permit is not approved
or the zoning administrator determines no substantial progress has
been made, the site plan approval is null and void.
(B)
Partial expiration.
If permits have been approved only
for a portion of the property and/or improvements, the site plan for
the remaining property and/or improvements shall be null and void.
(C)
Submission of new a site plan.
The applicant shall be
required to submit a new site plan for review and approval subject
to the then existing regulations.
[Ord. No. 1273-14, § 1(Exh.
A), 5-6-2014]
90-6.07.01
General.
(A)
PD Planned Development Zoning District establishment.
An application for a PD Planned Development Zoning District shall
be made to the planning and zoning commission and city council in
the same manner that an application for any zoning map amendment (rezoning)
is made.
(B)
Submission of PD related plats and site plans shall occur after PD
establishment.
The subsequent applications for plats
and site plans within an established PD Planned Development District
shall be reviewed and approved separately and independently in accordance
with established procedures.
(C)
Land area requirement for PD planned developments.
A
PD District requires a minimum of two contiguous acres. Acreage may
be less than two acres when carrying out the recommendations of the
comprehensive plan.
90-6.07.02
Planned Development (PD) Submission Requirements.
(A)
The developer of a PD shall follow a 5-step procedure.
(B)
Approvals needed before proceeding.
(1)
Each required step shall be completed and approved before the following
step is reviewed.
(2)
Where appropriate, other methods authorized in the Subdivision Ordinance
may be substituted in Step 3. Preliminary Plat, and Step 4. Final
Plat, such as an amending plat or minor plat, etc.
(3)
The planning and zoning commission and city council may, however,
review more than one step at the same public hearing.
(C)
Public hearings (rezonings and plats).
(1)
Public hearings shall be held on the zoning map amendment (rezoning)
application and the planned development master plan in accordance
with regular procedures for zoning applications.
(2)
Public hearings on required plats shall be held in accordance with
regular procedures established in the subdivision ordinance.
90-6.07.03
Planned Development (PD) Steps for Creation and Development.
(A)
Step 1. Pre-Application Conference Review.
(1)
At least ten business days prior to submission of an application
for zoning map amendment (rezoning) to a PD planned development, the
applicant shall submit to the zoning administrator a sketch plan drawn
to approximate scale showing streets, lots, public areas, and other
significant features. The applicant shall execute an acknowledgement
that the pre-application conference does not initiate a vested right.
(2)
The applicant should discuss with the zoning administrator the procedure
for adopting a PD planned development and the requirements for the
general layout of streets and utilities, access to arterials, or general
design and narrative, the availability of existing services, and similar
matters.
(3)
The zoning administrator shall also advise the applicant, where appropriate,
to discuss the proposed PD planned development with those officials
charged with responsibility to review the various aspects of the proposal
coming within their jurisdiction.
(4)
The intent of Step 1. Pre-Application Conference Review, is to expedite
and facilitate the approval of a planned development master plan.
(B)
Step 2. PD Application for Rezoning and Planned Development Master
Plan.
(1)
Procedures and requirements.
(a)
The PD zoning map amendment (rezoning) application shall be filed
in accordance with regular procedures and on application forms of
the city.
(b)
The planned development master plan, which is submitted with the
application for rezoning, shall consist of a PD design statement and
a PD Concept Design Map.
(c)
The applicant shall also provide other supporting maps as necessary
to meet the submission requirements of this Zoning Ordinance.
(2)
PD design statement.
The PD design statement shall be
a written report submitted as a part of the planned development master
plan containing a minimum of the following elements:
(a)
Title of PD;
(b)
List of the owners and/or developers;
(c)
Statement of the general location and relationship to adjoining land
uses, both existing and proposed;
(d)
Description of the PD concept, including an acreage or square foot
breakdown of land use areas and densities proposed, a general description
proposed, a general description of building use types, proposed restrictions,
and typical site layouts;
(e)
The existing PD zoning districts in the development area and surrounding
it;
(f)
Selection of one conventional zoning district as a base zoning district
to regulate all uses and development regulations not identified as
being modified (multiple base zoning districts may be selected to
accommodate a mixture of land uses in different geographic areas);
(g)
A list of all applicable special development regulations or modified
regulations to the base zoning district; plus a list of requested
subdivision waivers to the Subdivision Ordinance or other applicable
development regulations;
(h)
A statement identifying the existing and proposed streets, including
right-of-way standards and street design concepts;
(i)
The following physical characteristics: elevation, slope analysis,
soil characteristics, tree cover, and drainage information;
(j)
A topographic map with minimum five-foot contour intervals;
(k)
Drainage information, including number of acres in the drainage area
and delineation of applicable flood levels;
(l)
A statement of utility lines and services to be installed, including
lines to be dedicated to the city and which will remain private;
(m)
The proposed densities, and the use types and sizes of structures;
and
(n)
A description of the proposed sequence of development.
(3)
PD Concept Design Map.
(a)
The PD Concept Design Map shall be a graphic representation of the
development plan for the area of a PD planned development.
(b)
The zoning administrator shall establish an application form outlining
all requirements of the PD Concept Design Map and shall be responsible
for maintaining and revising the application form.
(4)
Approval of the planned development master plan.
(a)
Upon final approval by the city council of the planned development
master plan and the appropriate ordinance of rezoning, these elements
shall become a part of the Official Zoning District Map.
(b)
The rezoning ordinance shall adopt the planned development master
plan by reference, and it shall be attached to said ordinance and
become a part of the official records of the city.
(5)
Expiration of planned development master plan.
(a)
If, after two years from the date of approval of a planned development
master plan, no substantial development progress has been made within
the PD, then the planned development master plan shall expire.
(b)
If a planned development master plan expires, a new planned development
master plan must be submitted and approved according to the procedures
within this section.
1.
An extension to the two-year expiration shall be granted if a development
application for the PD has been submitted and is undergoing the development
review process or if the zoning administrator determines development
progress is occurring.
(6)
Use and development of the property.
(a)
The planned development master plan shall control the use and development
of the property, and all building permits and development requests
shall be in accordance with the plan until it is amended by the city
council.
(b)
The developer shall furnish a reproducible copy of the approved PD
Concept Design Map for signature by the mayor and acknowledgement
by the city secretary.
(c)
The planned development master plan, including the signed map and
all supporting data, shall be made a part of the permanent file and
maintained by the city secretary.
(C)
Step 3. Preliminary Plat.
(1)
If the subdivision of land is to occur, then after city council approval
of the zoning map amendment (rezoning) with the associated planned
development master plan, the developer shall prepare a preliminary
plat for the entire development area.
(2)
Where a recorded plat exists and where there will be no extensive
easements, no homeowners or property owners associations, no plat
restrictions, and no sale of lots that do not conform to the platted
lot lines, the city council may waive the platting requirement.
(D)
Step 4. Final Plat.
(1)
Where a subdivision plat is required, the developer shall prepare
a final plat for review, approval, and filing of record according
to procedures established by the city council. In addition to these
procedures, the final plat shall include:
(a)
Provisions for the ownership and maintenance of common open space
and detention/retention ponds. Said open space shall be dedicated
to a private association or dedicated to the public provided that
a dedication to the public shall not be accepted without the approval
of the city council.
(b)
A homeowners and property owners association shall be created if
other satisfactory arrangements have not been made for improving,
operating, and maintaining common facilities, including private street
drives, fire lanes, service and parking areas and recreation areas.
(2)
If no plat is required, then proof of the items identified in subsections
(D)(1)(a) and (D)(1)(b) above, shall be submitted and approved as
a part of the planned development master plan at the time the zoning
map amendment (rezoning) is considered for approval.
(E)
Step 5. Site Plan.
A site plan shall be submitted upon
the application for a building permit and reviewed in accordance with
procedures established in section 6.06 Site Plan Requirements.
90-6.07.04
Planned Development (PD) Modifications.
(A)
Minor PD amendment and adjustment.
The zoning administrator
may approve or defer for city council consideration a minor PD amendment
and adjustment to the planned development master plan provided all
of the following conditions are satisfied:
(1)
The project boundaries are not altered.
(2)
Uses other than those specifically approved in the planned development
master plan are not added. Uses may be deleted but not to the extent
that the character of the project is substantially altered from the
character described within the PD design statement.
(3)
The allocation of land to particular uses or the relationship of
uses within the project are not substantially altered.
(4)
The density of housing is not increased more than ten percent or
decreased by more than 30 percent.
(5)
The land area allocated to nonresidential uses is not increased or
decreased by more than ten percent.
(6)
Floor area, if prescribed, is not increased or decreased by more
than ten percent.
(7)
Floor area ratios, if prescribed, are not increased.
(8)
Open space ratios, if prescribed, are not decreased.
(B)
Zoning administrator approval.
(1)
The zoning administrator shall determine if proposed amendments to
an approved planned development master plan satisfy the above criteria.
(2)
If the zoning administrator finds that these criteria are not satisfied,
an amended planned development master plan shall be submitted for
full review and approval according to the procedures set forth in
these regulations.
90-6.07.05
Reversion.
(A)
Property owner request.
(1)
If the property owner decides to abandon the PD concept and nullify
the planned development master plan, he shall make application for
rezoning either to the original status or to a new classification.
(2)
Said application shall be heard according to regular rezoning procedures
utilized by the planning and zoning commission and city council.
[Ord. No. 1273-14, § 1(Exh.
A), 5-6-2014]
90-6.08.01
Specific Use Permit Regulations and Procedures.
(A)
Procedures for processing a specific use permit.
(1)
The zoning administrator shall initiate review of the SUP and may
request written comments from the development review committee (DRC),
if deemed necessary.
(2)
Planning and zoning commission shall review and recommend approval,
approval with conditions, or denial of the SUP to the city council.
(3)
After receiving recommendation from planning and zoning commission,
city council shall approve, approve with conditions, or deny the SUP.
Although the approval of the SUP does not change the zoning classification.
(4)
Both planning and zoning commission and city council shall provide
the required public hearing and notice in accordance with section
6.03.02. Public Hearings and Notification Requirements for Zoning
Related Applications.
(B)
Compatibility considerations.
(1)
The city council and the planning and zoning commission in considering
any request for specific use permit shall only approve such request
after they have determined that the use or uses allowed will not be
detrimental to the adjacent properties or to the city as a whole.
(2)
The zoning administrator, city council and the planning and zoning
commission may require from the applicant any plans, information,
operational data, and expert evaluation concerning the location, function,
and characteristics of the proposed use or buildings.
(3)
The city council when granting a specific use permit, and the planning
and zoning commission when making a recommendation concerning a specific
use permit, shall establish conditions and regulations, in addition
to those of the base zoning district, necessary to protect the health,
safety, morals, and general welfare of the neighborhood and/or the
city. In addition, the use shall be in general conformance with the
comprehensive plan and general objectives of the city. These conditions
may include but are not limited to:
(a)
Paving of streets, alleys and sidewalks;
(b)
Means of ingress and egress to public streets;
(c)
Provisions for drainage;
(d)
Adequate off-street parking;
(e)
Protective screening, landscaping, and open space;
(f)
Area or security lighting;
(g)
The locations and heights of structures;
(h)
Architectural compatibility of buildings;
(i)
Intensity of the use; and
(j)
Adequate traffic circulation required to contain all stacking activity
on the site.
(C)
Imposed conditions for approval.
(1)
In granting a specific use permit, the city council may impose conditions
that shall be complied with by the owner or grantee before a certificate
of occupancy may be issued by the building official for use of the
building or property.
(2)
Any special conditions shall be set forth in writing in the ordinance
granting the SUP.
(D)
Compliance mandatory with written requirements.
No specific
use permit shall be granted unless the applicant, owner and grantee
of the specific use permit shall be willing to accept and agree to
be bound by and comply with the written requirements of the specific
use permit, as attached to the site plan drawing(s) and approved by
the planning and zoning commission and city council.
(E)
Specific use permit expiration and extension.
(F)
Enlargement, modification or structural alternation.
(1)
A building, premises, or land used under a specific use permit may
be enlarged, modified, structurally altered, or otherwise changed
provided the changes do not:
(a)
Increase the height of structures, including antenna support structures;
(b)
Increase building square footage from its size at the time the original
specific use permit was granted by greater than ten percent;
(c)
Reduce the distance between a building or noise-generating activity
on the property and an adjacent, off-site residential use. This provision
shall not apply should the property and the residential use be separated
by a major thoroughfare depicted on the city's thoroughfare plan;
or
(d)
Reduce the amount of open space as indicated on the previously approved
zoning exhibit.
(2)
All other enlargements, modifications, structural alterations, or
changes shall require the approval of a new specific use permit. Antennas
may be placed on antenna support structure that is already permitted
by an existing specific use permit without approval of a separate
specific use permit subject to approval of a final plat and site plan
for the property if appropriate.
(3)
An SUP can only be used by the specific use for which it is granted.
(For example, a use that obtained an SUP cannot convert to another
use that requires an SUP without approval.)
(G)
Board of adjustment exclusion.
The board of adjustment
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 specific use permit.
(H)
Attached only to property
Specific use permits are attached
to the property, not to the owner, the business, or the subtenant.
(I)
Amend, change, or rescind a specific use permit.
Upon
holding a properly noticed public hearing, the city council may amend,
change, or rescind a specific use permit after recommendation by the
planning and zoning commission if:
(1)
The building, premises, or land uses under a specific use permit
is enlarged, modified, structurally altered, or otherwise significantly
changed without approval of a separate specific use permit for such
enlargement, modification, structural alteration or change;
(2)
Violation of any provision of the terms or conditions of a specific
use permit;
(3)
Ad valorem taxes on the property are delinquent by more than six
months; or
(4)
The specific use permit was obtained by fraud or with deception.
[Ord. No. 1273-14, § 1(Exh.
A), 5-6-2014; Ord. No. 1462-22 adopted 10/24/2022]
(A)
City
council initiation of amortization case.
Only the city
council, by majority vote, may request that the board of adjustment
consider establishing a compliance date for a nonconforming use.
(B)
Board
of adjustment decision of amortization case.
(1)
Per the authorization of city council, the board of adjustment may
require the discontinuance of a nonconforming use under any plan whereby
the full value of the use's structure and facilities can be amortized
within a definite period of time, taking into consideration the general
character of the neighborhood and the necessity for all property to
conform to the zoning regulations.
(2)
All actions to discontinue a nonconforming use shall be taken with
due regard for the property rights of the persons affected when considered
in the light of the public welfare and the character of the area surrounding
the nonconforming use and the conservation and preservation of property.
(C)
Public
hearing process.
Upon receiving a request from the city
council, staff shall schedule the first public hearing before the
board. The board may establish a compliance date only after holding
two separate public hearings.
(1)
First public hearing.
The board shall hold a public
hearing to determine whether continued operation of the nonconforming
use will have a significant adverse effect on nearby properties. If,
based on the evidence presented at the public hearing, the board determines
that continued operation of the nonconforming use will have a significant
adverse effect on nearby properties, it shall schedule a second public
hearing to establish a compliance date for the nonconforming use;
otherwise, it shall not. In determining whether the continued operation
will have a significant adverse effect on nearby properties, the board
shall consider the following factors:
(a)
The character of the surrounding neighborhood.
(b)
The degree of incompatibility of the use with the zoning district
in which it is located.
(c)
The manner in which the use is being conducted.
(d)
The hours of operation of the use.
(e)
The extent to which continued operation of the use may threaten public
health or safety.
(f)
The environmental impacts of the use's operation, including but not
limited to the impacts of noise, glare, dust, and odor.
(g)
The extent to which public disturbances and nuisances may be created
or perpetuated by continued operation of the use.
(h)
The extent to which traffic or parking problems may be created or
perpetuated by continued operation of the use.
(i)
Any other factors relevant to the issue of whether continued operation
of the use will adversely affect nearby properties.
(j)
To the extent the nonconforming use impacts the value and marketability
of the abutting and surrounding properties or neighborhood.
(2)
Second public hearing.
(a)
If the board has determined in the first public hearing that the
nonconforming use has an unacceptable adverse effect on nearby properties,
it shall hold a second public hearing to set a date for compliance.
The board shall, in accordance with the law, provide a compliance
date for the nonconforming use under a plan whereby the owner's actual
investment in the use before the time that the use became nonconforming
can be amortized within a definite time period. The following factors
must be considered by the board in determining a reasonable amortization
period:
1.
The owner's capital investment in structures, fixed equipment, and
other assets (excluding inventory and other assets that may be feasibly
transferred to another site) on the property before the time the use
became nonconforming.
2.
Any costs that are directly attributable to the establishment of
compliance date, including demolition expenses, relocation expenses,
termination of leases, and discharge of mortgages.
3.
Any return on investment since inception of the use, including net
income and depreciation.
4.
The anticipated annual recovery of investment, including net income
and depreciation.
5.
A reasonable closeout and termination period for the nonconforming
use.
(b)
If the board, at the first public hearing, requests financial documentation
and/or records from the owner relating to the factors listed directly
above, the owner shall provide said documents and/or records at least
30 days before the second public hearing. If the owner does not provide
said documentation, the board is authorized to make its determination
of a compliance date based upon any reasonably available public records
as well as public testimony at the hearing. Failure by owner to provide
the requested financial documents and records shall not prevent the
board from setting a compliance date.
(D)
Ceasing
operations.
If the board establishes a compliance date
for a nonconforming use, the use must cease operations on that date
and it may not operate thereafter unless it becomes a conforming use.
(E)
Definitions.
For purposes of this subsection, "owner" means the owner of
the nonconforming use at the time of the board's determination of
a compliance date for the nonconforming use.
(F)
Finality
of decisions.
(1)
Decisions that cannot be immediately appealed.
A decision
by the board that the continued operation of a nonconforming use will
have a significant adverse effect on neighboring property and the
board's decision to schedule a second public hearing to establish
a compliance date are not final decisions and cannot be immediately
appealed.
(2)
Decision to deny a request to establish a compliance date.
A decision by the board to deny a request to establish a compliance
date is final unless appealed to state court within ten calendar days
in accordance with V.T.C.A., Local Government Code ch. 211.
(3)
Decision setting a compliance date.
A decision by the
board setting a compliance date is final unless appealed to state
court within ten calendar days in accordance with V.T.C.A., Local
Government Code ch. 211.
[Ord. No. 1273-14, § 1(Exh.
A), 5-6-2014]
(A)
Loss
of nonconforming rights status.
If the zoning administrator
determines that a nonconforming use has been discontinued under subsection
1.06.04.(B) Reinstatement of Nonconforming Use Rights, and has lost
its nonconforming rights, the use shall not be instituted on that
parcel or other parcel in any district that does not permit the discontinued
use.
(B)
Notice
to owner and/or operator required.
Notice of this determination
shall be made in writing to the owner and/or operator of the discontinued
use.
(C)
Application
for nonconforming rights reinstatement.
(1)
The owner and/or operator of the abandoned nonconforming use may
submit a written application to the board to have the nonconforming
rights reinstated.
(2)
Written application for reinstatement of nonconforming rights must
be made within ten business days after the zoning administrator issues
the written notice of determination that a use has been permanently
abandoned.
(D)
Board
decision.
The board may reinstate nonconforming rights
only if the board finds there was a clear intent not to abandon the
use even though the use was discontinued for six months or more. The
failure of the owner and/or operator to remove on-premises signs shall
not be considered (on its own) evidence of a clear intent not to abandon
the use.
[Ord. No. 1273-14, § 1(Exh.
A), 5-6-2014]
90-6.11.01
Appeal of an Administrative Decision.
(A)
The board of adjustment may hear and decide an appeal that alleges
error in an order, requirement, decision or determination made by
an administrative official in the enforcement of this Ordinance or
V.T.C.A., Local Government Code § 211.007, as it exists or may
be amended.
(B)
In exercising the board's authority herein, 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.
90-6.11.02
Appeal of a Building Permit Site Plan Decision.
Any
person aggrieved by the decision of the zoning administrator on a
site plan for a building permit may appeal to the planning and zoning
commission and city council.
(A)
Notice of appeal.
Notice of such appeal shall be given
within 30 business days after the decision of the planning and community
development department, and the department shall cause the appeal
to be set for hearing before the planning and zoning commission and
city council.
(B)
Planning and zoning commission recommendation on appeal.
The planning and zoning commission shall make a recommendation to
the city council on the site plan.
(C)
City council decision on appeal.
The city council shall
take action to approve, approve with conditions, or deny the site
plan.
[Ord. No. 1273-14, § 1(Exh.
A), 5-6-2014]
90-6.12.01
Purpose and Applicability.
(A)
Cases for which a zoning variance may be granted.
The
zoning board of adjustment may authorize a variance from the development
regulations in this Zoning Ordinance such as the height (including
number of stories), yard (including setbacks), lot area, lot coverage,
structures (including size, density and location), parking requirements,
performance standards and other development regulations contained
herein.
(B)
Variance criteria.
No zoning variance shall be granted
without first having given public notice and having held a public
hearing on the zoning variance request in accordance with section
6.03.02. Public Hearings and Notification Requirements for Zoning
Related Applications, and unless the board of adjustment finds all
the following criteria are met:
(1)
Unique circumstances.
That there are special circumstances
or conditions affecting the land involved such that the application
of the Zoning Ordinance's provisions would deprive the applicant of
the reasonable use of his/her land.
(2)
Minimum necessary relief required to alleviate the undue hardship.
The zoning variance, if granted, would be the minimum necessary
relief required to alleviate the undue hardship.
(3)
Preservation of property rights.
That the zoning variance
is necessary for the preservation and enjoyment of a substantial property
right of the applicant.
(4)
No substantial detriment to the public good.
That the
granting of the zoning variance will not be detrimental to the public
health, safety or welfare, impair the purposes and intent of this
Zoning Ordinance and the comprehensive plan or be injurious to other
property within the area.
(5)
Orderly use of land.
That the granting of the zoning
variance will not have the effect of preventing the orderly use of
other land within the area in accordance with the provisions of this
Zoning Ordinance.
(6)
Precedent.
The granting of an individual zoning variance
will not set a precedent.
(7)
Finding of undue hardship.
In order to grant a zoning
variance, the board of adjustment must make findings that an undue
hardship exists, using the following criteria:
(a)
That literal enforcement of the controls will create an undue hardship
or practical difficulty in the development of the affected property;
and
(b)
That the situation causing the hardship or difficulty is neither
self-imposed nor generally affecting all or most properties in the
same zoning district; and
(c)
That the relief sought will not injure the permitted use of adjacent
conforming property; and
(d)
That the granting of a zoning variance will be in harmony with the
spirit and purpose of these regulations.
(e)
Financial hardship alone is not an "undue hardship" if the property
can be used, meeting the requirements of the zoning district in which
the property is located.
(C)
Variance limitations.
(1)
Completed action required before a variance.
An application
or request for a variance shall not be heard or granted with regard
to any parcel of property or portion thereof upon which a site plan,
preliminary plat, or final plat, when required by the Zoning Ordinance
or the subdivision ordinance for any parcel of property or portion
thereof, has not been finally acted upon by both the planning and
zoning commission and, where required, by the city council.
(2)
Exhausted all other options.
The administrative procedures
and requirements of the Zoning Ordinance, and any amendments thereto,
with regard to both the planning and zoning commission and city council
consideration and action on site plans, preliminary plats, and final
plats, must be exhausted prior to requesting a variance.
(D)
Public hearing required.
(1)
The board of adjustment shall hold a public hearing for each variance
applicant and shall provide the notice and public hearing required
by this Ordinance.
(2)
At the public hearing, the board of adjustment shall consider public
comments, the zoning administrator's recommendation, and other applicable
information and shall approve, approve with conditions, or deny the
variance application.
(E)
Concurring vote of 75 percent required.
Pursuant to
V.T.C.A., Local Government Code § 211.009(c), the concurring
vote of 75 percent of the members of the board of adjustment is necessary
to grant a zoning variance.
[Ord. No. 1273-14, § 1(Exh.
A), 5-6-2014; Ord. No.
1296-15, § 2(Exh. A), 8-18-2015]
90-6.13.01
Purpose and Applicability.
(A)
Purpose.
The board of adjustment is authorized to hear and decide a special exception to the Zoning Ordinance that are not permitted by right in a particular district because of potential adverse effect, but which if controlled in the particular instance as to its relationship to the neighborhood and to the general welfare, may be permitted by the board of adjustment, where specifically authorized by subsection (D) below, and in accordance with the substantive and procedural standards of the Zoning Ordinance.
(B)
Zoning special exception defined.
A special exception
is an allowed variation from the Zoning Ordinance, but is differentiated
from a variance as the term is used in this Zoning Ordinance by the
following:
(D)
Zoning special exception authorized.
When in the board
of adjustment judgment, the public convenience and welfare will be
substantially served and the appropriate use of the neighboring property
will not be substantially injured, the board of adjustment may, in
specific cases, after public notice and public hearing and subject
to appropriate conditions and safeguards, authorize the following
special exceptions to the regulations herein established:
(1)
Parking.
(a)
A reduction in the number of on-site parking spaces may be granted
in the nonresidential districts and for all nonresidential uses located
in residential districts. Documentation justifying the reduction must
be presented.
(b)
Parking spaces may be located off-site and counted toward the parking
requirements if the following requirements are met:
1.
Parking spaces are within 300 feet, measured by a straight line from
the nearest point of the land on which the use served is located to
the nearest point of the separated off-site parking space;
2.
A safe and accessible pedestrian connection from the parking area
to the use is available; and
3.
A written agreement shall be drawn to the satisfaction of the city
attorney and executed by all parties concerned assuring the continued
availability of the off-site parking facilities for the use they are
intended to serve.
(2)
The board may issue a special exception to grant nonconforming status
for a structure that did not conform to this Ordinance when it was
constructed or established, if the board finds:
(a)
The nonconformity was clearly and specifically shown in plans and
specifications duly submitted to obtain a city permit;
(b)
Before the work was done, neither the owner, the designer, the surveyor,
the contractor nor any other person assisting with the work knew about
the nonconformity;
(c)
The nonconformity was clearly covered by the city permit (the same
permit for which the plans and specifications were submitted), and
the permit was otherwise regularly issued;
(d)
After learning of the nonconformity, the owner promptly conferred
with the administrative official and voluntarily halted any further
nonconforming work;
(e)
The item will cause no health or safety hazard and no significant
impact upon another person or property; and
(f)
The item can be brought into conformity with this Ordinance within
the time period specified in the special exception, at a modest or
reasonable cost.
1.
Exception: Bringing the item into conformity need not be required
if the board finds that the impact of the item on other persons or
properties is either nil or extremely small.
(E)
The board of adjustment may impose conditions.
In granting
special exceptions under this section, the board of adjustment may
impose such conditions as are necessary to protect adjacent property
owners and to ensure the public health, safety and general welfare,
including but not limited to conditions specifying the period during
which the nonconforming use may continue to operate or exist before
being brought into conformance with the provisions of this Ordinance.
(F)
Concurring vote of 75 percent required.
Pursuant to
V.T.C.A., Local Government Code § 211.009(c), the concurring
vote of 75 percent of the members of the board of adjustment is necessary
to grant a special exception.
[Ord. No. 1273-14, § 1(Exh.
A), 5-6-2014; Ord. No.
1296-15, § 2(Exh. A), 8-18-2015]
