(a) 
No building or other structure shall be erected, moved, added to or structurally altered without a permit therefor, issued by the building official. No building permit shall be issued except in conformity with the provisions of this chapter, except after written order from the board of adjustment.
(b) 
Application for building permit.
(1) 
All applications for building permits shall be accompanied by plans, drawn to scale showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the building official, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this chapter.
(2) 
One (1) copy, hardcopy or digital, of the plans shall be returned to the applicant by the building official, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The copy of the plans, similarly marked, shall be retained by the building official.
(c) 
Building permit expiration.
(1) 
If the work described in any building permit has not begun within ninety (90) days from the date of issuance thereof, said permit shall expire; it shall be cancelled by the building official; and written notice thereof shall be given to the persons affected.
(2) 
If the work described in any building permit has not been substantially completed within two (2) years of the date of issuance thereof, said permit shall expire and be cancelled by the building official, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.
(Ordinance 6555 adopted 12/5/2022)
(a) 
No permit for the construction of a building or buildings upon any tract or plot shall be issued until a building site, building tract or building lot has been created by compliance with one of the following conditions:
(1) 
Approved plat of record.
The lot or tract is part of a plat of record, properly approved by the city council, and filed in the plat records of Grayson County, Texas.
(2) 
Annexation.
The plat, tract or lot faces upon a dedicated street and was separately owned prior to annexation to the city, in which event a building permit for only one main building conforming to all the requirements of this chapter may be issued on each such original separately owned parcel without first complying with subsection (a)(1) above.
(3) 
Approved site plan.
The plat or tract is all or part of a site plan officially approved by the planning and zoning commission, and compliance has been made with provisions and improvements approved on such site plan for all utility and drainage easements, dedication of streets, alleys and other public improvements required to meet the standards established for the platting of land.
(b) 
Building permit issuance requires a plat of record.
A plat of record shall be created prior to the issuance of a building permit.
(Ordinance 6555 adopted 12/5/2022)
(a) 
Certificates of occupancy required.
(1) 
Certificates of occupancy shall be required for any of the following:
(A) 
Occupancy and use of a building hereafter erected or structurally altered;
(B) 
Change in use of an existing building to a use of a different classification;
(C) 
Change in ownership or change in lessee for a non-residential use.
(D) 
Occupancy and use of vacant land, except agricultural use;
(E) 
Change in the use of land to a use of a difference classification;
(F) 
Any change in the use of a nonconforming use; and
(G) 
Any use in existence with an annexation request.
(2) 
Certificate of occupancy required from building official.
No such use, or change of use, shall take place until a certificate of occupancy therefore [therefor] shall have been issued by the building official.
(b) 
Procedure for new or altered buildings.
(1) 
Written application.
Written application for a certificate of occupancy for a new building or for an existing building which is to be altered shall be made at the same time as the application for the building permit for such building.
(2) 
Timing of certificate issuance.
Said certificate shall be issued within fourteen (14) calendar days after a written request for the same has been made to said building official or his agent after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this chapter.
(c) 
Procedure for vacant land or a change in building use.
(1) 
Written application.
Written application for a certificate of occupancy shall be made to the building official for review according to section 14.06.002 (creation of building site) for the following:
(A) 
The use of vacant land;
(B) 
For a change in the use of land or a building; or
(C) 
For a change in a nonconforming use to a conforming use.
(2) 
Timing of certificate issuance.
If the proposed use is in conformity with the provisions of this chapter, the certificate of occupancy therefore [therefor] shall be issued within fourteen (14) calendar days after the completed application for same has been made. The city shall not issue the certificate of occupancy where city taxes are delinquent.
(d) 
Contents of a certificate of occupancy.
(1) 
Building and proposed use.
Every certificate of occupancy shall state that the building or the proposed use of a building or land complies with all provisions of the building and fire laws and ordinances.
(2) 
Record of certificates of occupancy.
A record of all certificates of occupancy shall be kept in file on the office of the building official or his agent and copies shall be furnished upon request to any person having proprietary or tenancy interest in the building or land affected.
(Ordinance 6555 adopted 12/5/2022)
(a) 
Purpose.
The purpose of site plan approval is to determine compliance with this chapter and to promote the orderly and harmonious development of the city.
(b) 
General standards.
(1) 
A site plan is a set of development plans drawn to scale including:
(A) 
Site plan:
(i) 
The location and arrangement of buildings on the subject property.
(ii) 
Building setbacks, yards, and easements.
(iii) 
Off-street parking and loading areas and design of ingress and egress to and from abutting streets.
(iv) 
Zoning of adjacent property.
(v) 
The location of screened trash receptors.
(vi) 
Fire lanes and the location of fire department connections (FDCs).
(vii) 
A site table indicating the following:
a. 
Gross square feet of each structure.
b. 
Gross square feet of property.
c. 
Required parking.
d. 
Parking provided.
e. 
Current zoning.
f. 
Proposed zoning.
g. 
Hard surface/impervious area (square feet).
h. 
Landscaped area (square feet).
i. 
Floor-to-area ratio (FAR).
(B) 
Landscaping Plan compliant with section 14.04.006:
(i) 
The location and arrangement of buildings on the subject property.
(ii) 
The location and arrangement of tree plantings on the site.
(iii) 
Off-street parking and loading areas and design of ingress and egress to and from abutting streets.
(iv) 
Public and private sidewalks.
(v) 
Planting schedule including a list of proposed shade and ornamental trees.
(vi) 
Landscape buffers.
(vii) 
A site table indicating the following:
a. 
Gross square feet of property.
b. 
Landscaped area (square feet).
c. 
Hard surface/impervious area (square feet).
d. 
Required tree mitigation (caliper inches).
e. 
Provided tree plantings (caliper inches).
(C) 
Building Elevations Plan compliant with section 14.04.007:
(i) 
2-dimensional drawing demonstrating the elevation of each wall face for each proposed building on the site.
(ii) 
Elevations may be drawn in color or grayscale.
(iii) 
The building height measured from the floor to the highest point of the structure for each elevation.
(iv) 
Color of the building materials shall be included as required by ordinance.
(v) 
Building materials shall be indicated.
(vi) 
A table indicating the following:
a. 
Required architectural features included as required by ordinance.
b. 
Percentage of building materials as required by ordinance.
(2) 
Site plans shall be prepared by a design professional (architect, engineer, surveyor, etc.) except as listed below:
(A) 
Temporary use permits.
(B) 
Additions to existing buildings under one thousand (1,000) square feet.
(C) 
Zoning exhibits associated with zone change requests.
(3) 
For any specific use permit application or whenever two or more main buildings, or portions thereof, are placed upon a single lot or tract and such buildings will not face upon a street or officially approved place, a site plan shall be submitted to and approved by the planning and zoning commission.
(4) 
For any temporary use permit application, a site plan shall be submitted to and approved by the planning and zoning commission.
(c) 
Site plan application procedure.
(1) 
Pre-application meeting.
(A) 
It is recommended that the applicant meet with an authorized representative of the development services department to allow the applicant to learn the general procedures for approval, and to review the general plan of the proposed development, but the development/project shall not be discussed in sufficient detail to provide the city with fair notice of the project.
(B) 
No applications may be submitted to or accepted for filing with representatives of the development services department during the meeting.
(2) 
Application contents generally.
All applications and filings shall meet the requirements as defined by the development application checklist and engineering standards, as they exist or may be amended, which shall be established and maintained by the director of development services and the director of engineering services, respectively. Incomplete applications shall not be accepted for filing and shall not be considered officially filed.
(A) 
Filing procedure.
(i) 
All applications and filings for approval required by this chapter shall be filed with the development services department.
(ii) 
The development application checklist, as it exists or may be amended, shall prescribe the procedures for filing.
(iii) 
All applications and filings shall occur only on official development services schedule dates, published as part of the development application checklist.
(iv) 
If an application or filing is rejected by the development services department, then it is not considered filed under this chapter or the law or regulation governing the application or filing, including chapter 212 of the Texas Local Government Code, if applicable.
(v) 
Any application submitted on a date other than an official development services schedule date shall be rejected and shall not be considered filed under this chapter and the law or regulation governing the application or filing, including chapter 212 of the Texas Local Government Code, if applicable.
(vi) 
An application must be considered complete and officially filed in accordance with this section prior to being processed for review and consideration.
(B) 
Development review schedule dates.
The director of development services shall publish schedules of the official development review processing dates as follows:
(i) 
A development services schedule for all land development applications and filings for the period January 1st to December 31st of each year shall be set by the planning and zoning commission on or before December 1st of the year before such period and shall be published as part of the development application checklist. Any changes or amendments to the approved schedule require planning and zoning commission approval.
(ii) 
A disapproval development services schedule for the period January 1st to December 31st of each year shall be set by the planning and zoning commission on or before December 1st of the year before such period and shall be published as part of the development application checklist. Any changes or amendments to the schedule require planning and zoning commission approval. The disapproval development services schedule shall govern an applicant's response to the conditional approval or disapproval of a plan or plat subject to section 212.0093 of the Texas Local Government Code. Any such response submitted on a date other than an official disapproval development services schedule date shall be rejected and shall not be considered filed under this chapter and the law or regulation governing the application or filing, including chapter 212 of the Texas Local Government Code, if applicable.
(C) 
Fees required.
Every application shall be accompanied by the prescribed fees set forth in the city's fee schedule, as approved by city council and as may be amended from time to time. The prescribed fee is not refundable.
(D) 
Delinquent city taxes on property.
An application shall not be deemed complete, nor shall it be approved, if there are delinquent city taxes on the subject property.
(3) 
Modification of applications prior to approval.
The applicant may modify a complete application following its filing and prior to the expiration of the period during which the city is required to act on the application only in accordance with the following conditions.
(A) 
If the modification is for revisions requested by the city, and the modification is received at least fourteen (14) calendar days prior to the time scheduled for decision on the application, the application shall be decided within the original period for decision (from the original official filing date) prescribed by this zoning ordinance.
(B) 
Any other modifications to an application will not be accepted.
(4) 
Initiation, complete application and expiration.
(A) 
Initiation by owner.
An application required under this zoning ordinance may be initiated only by the owner of the land subject to the application, or by the owner's duly authorized representative. If the applicant is a representative of the property owner, the application shall include a written and notarized statement from the property owner, such as a duly executed "power of attorney," authorizing the representative to file the application on the owner's behalf.
(B) 
Applicability.
The procedures within this section shall apply to all applications that are required by the city and submitted in accordance with this zoning ordinance.
(C) 
Determination of completeness.
Every application shall be subject to a determination of completeness by the responsible official for processing the application. An application must be complete in order to be accepted for review by the city.
(i) 
The application shall only be accepted by the responsible official for processing 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.
(ii) 
A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this zoning ordinance.
(iii) 
A determination of completeness shall be conducted in accordance with the following procedures:
a. 
If the application does not contain all information, as defined by the development application checklist, as it exists or may be amended, and/or does not conform to all standards required by any ordinance, law, or regulation governing the application, then it shall be considered incomplete. The applicant shall be notified in writing within ten (10) business days if the submitted application is incomplete.
b. 
The city shall reject all incomplete applications and provide written notice of the rejection to the applicant by one of the following methods:
•
Mail;
•
E-mail;
•
Delivery service; or
•
Hand delivery or other delivery method of written notice approved by the director of development services. The written notice need not identify all reasons why the application was deemed incomplete. If the notice contains one or more reasons why the application was deemed incomplete, addressing the reason(s) identified in the notice does not guarantee acceptance of a subsequent application.
c. 
If the application is determined to be complete, the application shall be processed as prescribed by this zoning ordinance.
(iv) 
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 and all other applicable laws or regulations.
(v) 
No accrual of vested rights from specific applications:
No rights derived from chapter 245 of the Texas Local Government Code, as amended, shall accrue from an application for a permit that expires, from an application for a permit that is denied or from an application that does not provide fair notice.
(D) 
The authority responsible for approving site plans must approve a site plan that satisfies the requirements of this chapter and other applicable law.
(Ordinance 6555 adopted 12/5/2022; Ordinance 6642 adopted 9/18/2023; Ordinance 6898 adopted 11/17/2025)
(a) 
Authority to amend ordinance.
(1) 
Authority.
The city council may from time to time, after receiving a final report thereon by the planning and zoning 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 map.
(2) 
Ordering changes or amendments.
(A) 
The planning and zoning commission or city council may order the consideration of any changes or amendments to this chapter.
(B) 
Any zoning district boundary amendment may be ordered for consideration by the:
(i) 
City council;
(ii) 
Planning and zoning commission; or
(iii) 
The owner of the real property (or the authorized representative of an owner of real property).
(3) 
Planning and zoning commission report required.
In no case shall the city council act upon any zoning request prior to receiving a report on the case from the planning and zoning commission.
(4) 
Zoning amendment application submittal.
(A) 
Each applicant for zoning or for an amendment or change to the existing provisions of this chapter shall submit a zoning application to the director of development services on official development services schedule dates and shall be accompanied by payment of the appropriate fee as established by the city.
(B) 
All applications received on a date other than during the development services schedule dates will not be accepted.
(C) 
Applications must be complete for acceptance, subject to the requirements included in the development application checklist.
(5) 
Zoning application details.
(A) 
To ensure the submission of adequate information, the director of development services is hereby empowered to maintain and distribute a list of specific requirements for zoning applications and update, modify such requirements as deemed necessary.
(B) 
Upon periodic review, the development services staff shall have the authority to update such requirements for zoning application details.
(b) 
Zoning amendments process, public hearing and notice.
(1) 
Zoning district change.
(A) 
Planning and zoning commission public hearing required.
Prior to making its report to the city council, the planning and zoning commission shall hold at least one public hearing on each application.
(B) 
Written notice of the planning and zoning commission public hearing.
Before the tenth (10th) calendar day before the hearing date before the planning and zoning commission, written notice of each public hearing before the planning and zoning commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved city tax roll, of property within two hundred (200) feet of the property in which the change in classification is proposed. This notice is served by deposit in the United States Postal Service.
(C) 
Published notice of the city council public hearing.
Notice of the city council public hearing shall be given by publication in the official newspaper of the city, stating the time and place of such public hearing, a minimum of fifteen (15) calendar days prior to the date of the public hearing.
(D) 
Property notification signs. Upon the filing of an application to amend the zoning of a tract of land or property under this section, the applicant shall place properly notification signs on such lot or tract of land to inform the public of the applicant's request. The property notification signs must be placed on the subject property no later than fourteen (14) days before the first public hearing scheduled to discuss the proposed amendment. The applicant is responsible for the cost, installation, maintenance and removal of the signs. The signs shall be maintained throughout the pendency of the applicant's request and shall be removed within three (3) days after the later of (i) city council' s adoption of the ordinance that rezones the property; (ii) the planning and zoning commission's denial of the request, unless an appeal to the city council is made; or (iii) the city council's denial of the request or any appeal. The director of development services is authorized to establish additional criteria for the required number, placement, size and content of the signs, all of which the applicant must satisfy. Failure to comply with the requirements in this subsection may result in the postponement of consideration of the applicant's request.
(2) 
Zoning text amendment.
(A) 
Published notice prior to public hearing.
Notice of public hearings on proposed changes in the text of this chapter shall be accomplished by one publication not less than (15) calendar days prior to both the planning and zoning commission and city council meetings thereto in the official newspaper of the city.
(B) 
Exemption.
Changes in the ordinance text that do not change zoning district boundaries do not require written notification to individual property owners.
(c) 
Failure to appear before the commission.
The planning and zoning commission may deny a zoning application if the applicant or representative fails to appear at one (1) or more hearings before the planning and zoning commission.
(d) 
Planning and zoning commission consideration and report.
(1) 
Planning and zoning commission vote.
The planning and zoning commission, after the public hearing is closed, may vote to approve, approve with amendments and conditions, table or deny in whole or in part the application.
(2) 
Planning and zoning commission table.
The planning and zoning commission may table for not more than ninety (90) calendar days from the time it is posted on the agenda until it has had opportunity to consider other proposed changes which may have a direct bearing thereon.
(3) 
Planning and zoning commission consideration.
In making their determination, the planning and zoning commission shall consider, among other things, the following factors:
(A) 
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.
(B) 
Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area, and shall note the findings.
(C) 
The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the city, and any special circumstances that may make a substantial part of such vacant land unavailable for development.
(D) 
The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change.
(E) 
How other areas designated for similar development will be, or are unlikely to be, affected if the proposed amendment is approved, and whether such designation for other areas should be modified also.
(F) 
The impact on the environment regarding the floodplain, riparian areas, topography, and vegetation.
(G) 
Whether the request is consistent with the comprehensive plan and other master plans.
(H) 
Any other factors which will substantially affect the health, safety, morals, or general welfare.
(I) 
Findings of a traffic impact analysis (TIA), if required.
(4) 
Planning and zoning commission justification for denial.
If the planning and zoning commission denies the zoning request, it may offer reasons to the applicant for the denial.
(5) 
Appeals.
See section 14.06.010 (appeals and the appeal process).
(e) 
City council consideration.
(1) 
Proposal recommended for approval by the planning and zoning commission.
(A) 
Every proposal which is recommended for approval by the planning and zoning commission shall be automatically forwarded to the city council for setting and holding of public hearing thereon or as amended by the city charter.
(B) 
No change, however, shall become effective until after the adoption of an ordinance for same and its publication as required by law.
(2) 
City council consideration and action.
The city council, after the public hearing is closed, may vote to approve, approve with amendments and conditions, table or deny in whole or in part the application.
(3) 
Protested amendments.
(A) 
Documented protest requirements.
The following requirements apply to documented protests of a proposed change to a regulation or boundary in accordance with section 211.006(d) of the Texas Local Government Code:
(i) 
Documented protest filing.
Protests shall be filed with the director of development services no later than noon of the business day immediately before the date of the first public hearing. Withdrawals of protests must be in writing and filed with the director of development services before the filing deadline. The provisions of this section governing the form and filing of protests apply equally to withdrawals.
(ii) 
Documented protest participant requirements.
a. 
Interior protester:
The owners, duly signed and acknowledged, of twenty (20) percent or more of the lots or land area included within a proposed boundary may participate in a documented protest for a specific case.
b. 
Exterior protester:
The owners, duly signed and acknowledged, of twenty (20) percent or more of the lots or land area within a two hundred (200) foot radius of the exterior boundary of the area may participate in a documented protest for a specific case.
(B) 
Documented protest effect.
If a documented protest, as defined in subsection (e)(3)(A) above, has been filed with the director of development services, then such proposed change shall not become effective except by the affirmative vote of three-fourths (3/4) of all members of the city council.
(4) 
Denial by city council.
(A) 
The city council may deny any request with prejudice.
(B) 
If a request has been denied with prejudice, the same or similar request may not be resubmitted to the city for twelve (12) months from the original date of denial.
(5) 
Final approval and ordinance adoption.
(A) 
Approval of any zoning change or amendment by the city council at the scheduled public hearing shall constitute instruction to city staff to prepare the appropriate ordinance for final formal passage at a subsequent time.
(B) 
If finally approved by the required number of votes, the ordinance shall be executed by the mayor.
(C) 
The ordinance shall become effective from and after its adoption and publication as required by law and the city charter.
(Ordinance 6555 adopted 12/5/2022; Ordinance 6579 adopted 3/20/2023)
(a) 
Purpose and applicability.
(1) 
Cases for which a variance may be granted.
The board of adjustment may authorize, in specific cases, a variance of from the terms of a zoning ordinance for the following:
(A) 
Height;
(B) 
Yard;
(C) 
Lot area;
(D) 
Exterior structure;
(E) 
Lot coverage;
(F) 
Off-street parking; and
(G) 
Loading requirements.
(2) 
Variance criteria.
A variance may be granted only if the board finds that:
(A) 
The requested variance is not contrary to the public interest; and
(B) 
The requested variance does not violate the intent of the zoning ordinance, as amended; and
(C) 
The requested variance allows the spirit of the zoning ordinance to be observed and substantial justice done; and
(D) 
The requested variance would not cause injury to or restrict development on any other parcel of land; and
(E) 
The requested variance is not needed merely to promote economic gain or to prevent economic loss; and
(F) 
A literal enforcement of the zoning ordinance would result in an unnecessary hardship. An unnecessary hardship only exists when a variance is needed to permit development of a specific parcel of land that differs from other parcels of land by being of such a restrictive area, shape, or slope that it cannot be developed in a manner commensurate with the development upon other parcels of land with the same zoning; and
(G) 
The unnecessary hardship, if any, is neither self-created nor personal to the owner of the parcel of land.
(3) 
Variance application submittal.
(A) 
Each applicant for a variance request shall submit a zoning application to the director of development services on official development services schedule dates and shall be accompanied by payment of the appropriate fee as established by the city.
(B) 
All applications received on a date other than during the development services schedule dates will not be accepted.
(C) 
Applications must be complete for acceptance, subject to the requirements included in the development application checklist.
(4) 
Variance application details.
(A) 
To ensure the submission of adequate information, the director of development services is hereby empowered to maintain and distribute a list of specific requirements for variance applications and update, modify such requirements as deemed necessary.
(B) 
Upon periodic review, the development services staff shall have the authority to update such requirements for variance application details.
(5) 
Variance limitations.
(A) 
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 this chapter 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.
(B) 
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.
(6) 
Public hearing required.
(A) 
The board of adjustment shall hold a public hearing for each variance application and shall provide the notice and public hearing required by this article.
(B) 
At the public hearing, the board of adjustment shall consider public comments, the director of development services recommendation, and other applicable information and shall approve, approve with conditions or deny the variance application.
(C) 
Written notice of the board of adjustment public hearing.
Before the tenth (10th) calendar day before the public hearing date, written notice of each public hearing before the board of adjustment on a variance request shall be sent to each owner, as indicated by the most recently approved city tax roll, of property within two hundred (200) feet of the property in which the change in classification is proposed. This notice is served by deposit in the United States Postal Service.
(D) 
Property notification signs. Upon the filing of an application for a variance under this section, the applicant shall place property notification signs on such lot or tract of land to inform the public of the applicant's request. The property notification signs must be placed on the subject property no later than fourteen (14) days before the first public hearing scheduled to discuss the proposed variance. The applicant is responsible for the cost, installation, maintenance and removal of the signs. The signs shall be maintained throughout the pendency of the applicant's request and shall be removed within three (3) days after the approval or denial of the request by the board of adjustment. The director of development services is authorized to establish additional criteria for the required number, placement, size and content of the signs, all of which the applicant must satisfy. Failure to comply with the requirements in this subsection may result in the postponement of consideration of the applicant's request.
(Ordinance 6555 adopted 12/5/2022; Ordinance 6579 adopted 3/20/2023)
(a) 
Purpose and applicability.
(1) 
Cases for which a special exception may be granted.
The board of adjustment may authorize, in specific cases, a special exception when such special exception is clearly indicated as an alternative within this chapter.
(2) 
Special exception criteria.
A special exception may be granted only if the board finds that:
(A) 
The requested special exception is not contrary to the public interest; and
(B) 
The requested special exception does not violate the intent of this chapter; and
(C) 
The requested special exception allows the spirit of this chapter to be observed and substantial justice done; and
(D) 
The requested special exception would not cause injury to or restrict development on any other parcel of land.
(3) 
Special exception application submittal.
(A) 
Each applicant for a special exception request shall submit a zoning application to the director of development services on official development services schedule dates and shall be accompanied by payment of the appropriate fee as established by the city.
(B) 
All applications received on a date other than during the development services schedule dates will not be accepted.
(C) 
Applications must be complete for acceptance, subject to the requirements included in the development application checklist.
(4) 
Special exception application details.
(A) 
To ensure the submission of adequate information, the director of development services is hereby empowered to maintain and distribute a list of specific requirements for special exception applications and update, modify such requirements as deemed necessary.
(B) 
Upon periodic review, the development services staff shall have the authority to update such requirements for special exception application details.
(5) 
Public hearing required.
(A) 
The board of adjustment shall hold a public hearing for each special exception applicant and shall provide the notice and public hearing required by this article.
(B) 
At the public hearing, the board of adjustment shall consider public comments, the director of development services recommendation, and other applicable information and shall approve, approve with conditions, or deny the special exception application.
(C) 
Written notice of the board of adjustment public hearing.
Before the tenth (10th) calendar day before the hearing date, written notice of each public hearing before the board of adjustment on a special exception request shall be sent to each owner, as indicated by the most recently approved city tax roll, of property within two hundred (200) feet of the property in which the change in classification is proposed. This notice is served by deposit in the United States Postal Service.
(D) 
Property notification signs. Upon the filing of an application for a special exception under this section, the applicant shall place property notification signs on such lot or tract of land to inform the public of the applicant's request. The property notification signs must be placed on the subject property no later than fourteen (14) days before the first public hearing scheduled to discuss the proposed special exception. The applicant is responsible for the cost, installation, maintenance and removal of the signs. The signs shall be maintained throughout the pendency of the applicant's request and shall be removed within three (3) days after the approval or denial of the request by the board of adjustment. The director of development services is authorized to establish additional criteria for the required number, placement. size and content of the signs, all of which the applicant must satisfy. Failure to comply with the requirements in this subsection may result in the postponement of consideration of the applicant's request.
(Ordinance 6555 adopted 12/5/2022; Ordinance 6579 adopted 3/20/2023)
(a) 
Purpose and applicability.
(1) 
Cases for which a TUP may be granted.
The planning and zoning commission may authorize, in specific cases, a TUP when indicated in the article 14.10 (use chart) listed as "TUP."
(2) 
TUP criteria.
A TUP may be granted only if the board finds that:
(A) 
The requested TUP is not contrary to the public interest; and
(B) 
The requested TUP does not violate the intent of this chapter; and
(C) 
The requested TUP allows the spirit of this chapter to be observed and substantial justice done; and
(D) 
The requested TUP would not cause injury to or restrict development on any other parcel of land.
(3) 
TUP application submittal.
(A) 
Each applicant for a TUP request shall submit a zoning application to the director of development services on official development services schedule dates and shall be accompanied by payment of the appropriate fee as established by the city.
(B) 
All applications received on a date other than during the development services schedule dates will not be accepted.
(C) 
Applications must be complete for acceptance, subject to the requirements included in the development application checklist.
(4) 
TUP application details.
(A) 
To ensure the submission of adequate information, the director of development services is hereby empowered to maintain and distribute a list of specific requirements for TUP applications and update, modify such requirements as deemed necessary.
(B) 
Upon periodic review, the development services staff shall have the authority to update such requirements for TUP application details.
(5) 
Other regulations.
(A) 
TUPs may be granted for a time period between two weeks and six months with the exception of a temporary concrete batching plant, which shall follow the requirements in section 14.10.001(d)[11].
(B) 
The planning and zoning commission may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to those expressly stipulated in this chapter for the particular use, as they deem necessary for the protection of adjacent properties, and the public interest.
(6) 
Public hearing required.
(A) 
The planning and zoning commission shall hold a public hearing for each TUP application and shall provide the notice and public hearing required by this ordinance.
(B) 
At the public hearing, the planning and zoning commission shall consider public comments, the director of development services recommendation, and other applicable information and shall approve, approve with conditions, or deny the TUP application.
(C) 
Written notice of the planning and zoning commission public hearing.
Before the tenth (10th) calendar day before the public hearing date, written notice of each public hearing before the planning and zoning commission on a TUP request shall be sent to each owner, as indicated by the most recently approved city tax roll, of property within two hundred (200) feet of the property in which the change in classification is proposed. This notice is served by deposit in the United States Postal Service.
(D) 
Property notification signs. Upon the filing of an application for a TUP under this section, the applicant shall place property notification signs on such lot or tract of land to inform the public of the applicant's request. The property notification signs must be placed on the subject property no later than fourteen (14) days before the first public hearing scheduled to discuss the proposed TUP. The applicant is responsible for the cost, installation, maintenance and removal of the signs. The signs shall be maintained throughout the pendency of the applicant's request and shall be removed within three (3) days after the approval or denial of the request by the planning and zoning commission. The director of development services is authorized to establish additional criteria for the required number, placement, size and content of the signs, all of which the applicant must satisfy. Failure to comply with the requirements in this subsection may result in the postponement of consideration of the applicant's request.
(Ordinance 6555 adopted 12/5/2022; Ordinance 6579 adopted 3/20/2023; Ordinance 6777 adopted 10/7/2024)
(a) 
Purpose and applicability.
(1) 
General standards.
(A) 
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.
(B) 
The city council may grant, in specific cases, an SUP only where an SUP is permitted for the proposed use and in the applicable zoning district as indicated in the use chart set forth in article 14.10 (use chart). The city council shall grant an SUP in a duly adopted ordinance.
(C) 
A SUP is an amendment to the district regulations of the zoning ordinance that permits the establishment of a specific use within a zoning district in which such specific use may be established unless such use of land or structure is discontinue or abandoned for a period of thirty (30) consecutive days in which event such specific use permit shall be void and such use may not thereafter be resumed unless a new SUP is granted in accordance with this section.
(D) 
A building, premises or land use requiring an SUP shall not be hereafter created, changed, converted or enlarged, either wholly or in part, until a specific use permit has been obtained in accordance with the regulations in this section.
(E) 
The director, 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. The city council when establishing 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:
(i) 
Paving of streets, alleys, and sidewalks;
(ii) 
Means of ingress and egress to public streets;
(iii) 
Provisions for drainage;
(iv) 
Adequate off-street parking;
(v) 
Protective screening, landscaping, and open space;
(vi) 
Area or security lighting;
(vii) 
The locations and heights of structures;
(viii) 
Architectural compatibility of buildings;
(ix) 
Intensity of the use; and
(x) 
Adequate traffic circulation required to contain all stacking activity on the site.
(2) 
SUP criteria.
An SUP may be granted only if the planning and zoning commission and the city council finds that:
(A) 
The requested SUP is not contrary to the public interest; and
(B) 
The requested SUP does not violate the intent of this chapter; and
(C) 
The requested SUP allows the spirit of this chapter to be observed and substantial justice done; and
(D) 
The requested SUP does not violate the intent of the comprehensive plan; and
(E) 
The requested SUP would not cause injury to or restrict development on any other parcel of land.
(3) 
SUP application submittal.
(A) 
Each applicant for an SUP shall submit a zoning application to the director of development services on an official development services schedule date and shall be accompanied by payment of the appropriate fee as established by the city.
(B) 
All applications received on a date other than during the development services schedule dates will not be accepted.
(C) 
Applications must be complete for acceptance, subject to the requirements included in the development application checklist.
(D) 
Application for a specific use permit may be submitted by an applicant with approval from the property owner.
(4) 
SUP application details.
(A) 
To ensure the submission of adequate information, the director of development services is hereby empowered to maintain and distribute a list of specific requirements for SUP applications and update, modify such requirements as deemed necessary.
(B) 
Upon periodic review, the development services staff shall have the authority to update such requirements for SUP application details.
(5) 
Public hearing required.
(A) 
The city council and the planning and zoning commission shall hold a public hearing for each SUP application and shall provide the notice and public hearing required by this section.
(B) 
At the public hearing, the city council and the planning and zoning commission shall consider public comments, the director of development services recommendation, and other applicable information and shall approve, approve with conditions or deny the SUP application.
(C) 
Written notice of the public hearing.
Before the tenth (10th) calendar day before the hearing date, written notice of each public hearing before the planning and zoning commission on an SUP request shall be sent to each owner, as indicated by the most recently approved city tax roll, of property within two hundred (200) feet of the property in which the change in classification is proposed. This notice is served by deposit in the United States Postal Service.
(D) 
Property notification signs. Upon the filing of an application for an SUP under this section, the applicant shall place property notification signs on such lot or tract of land to inform the public of the applicant's request. The property notification signs must be placed on the subject property no later than fourteen (14) days before the first public hearing scheduled to discuss the proposed SUP. The applicant is responsible for the cost, installation, maintenance and removal of the signs. The signs shall be maintained throughout the pendency of the applicant's request and shall be removed within three (3) days after the later of (i) city council's adoption of the ordinance that grants the SUP; (ii) the planning and zoning commission's denial of the request, unless an appeal to the city council is made; or (iii) the city council's denial of the request or any appeal. The director of development services is authorized to establish additional criteria for the required number, placement, size and content of the signs, all of which the applicant must satisfy. Failure to comply with the requirements in this subsection may result in the postponement of consideration of the applicant's request.
(6) 
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.
(7) 
Amend, change, or rescind a specific use permit.
Upon holding a properly notified public hearing, the city council may amend, change, or rescind a specific use permit after recommendation by the planning and zoning commission if:
(A) 
There is a violation and conviction of any of the provisions of this ordinance or any ordinance of the city that occurs on the property for which the specific use permit is granted;
(B) 
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;
(C) 
Violation of any provision of the terms or conditions of a specific use permit;
(D) 
Ad valorem taxes on the property are delinquent by more than six (6) months;
(E) 
The specific use permit was obtained by fraud or with deception; or
(F) 
The advertisement of a zoning change or specific use permit shall be initiated by staff upon receipt of applicant's written response to staff's recommendation. The response shall indicate whether the applicant agrees or disagrees with the staff recommendation. Where the applicant disagrees with any portion of the recommendation, the applicant shall cite the reasons for the disagreement.
(Ordinance 6555 adopted 12/5/2022; Ordinance 6579 adopted 3/20/2023)
(a) 
Purpose and applicability.
This section establishes the appeal process for different applicants. All appeals are not processed in the same manner. Appeals are based on an applicant's judgment that the person or body rendering a decision under this chapter may be incorrect in either the process to reach a decision or in the decision itself.
(1) 
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 chapter or section 211.007 of the Texas Local Government Code.
(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.
(2) 
Appeal of a site plan.
(A) 
The applicant, director of development services or four (4) members of the city council may appeal the decision regarding a site plan by submitting a written notice of appeal to the director of development services.
(i) 
The applicant or director of development services must submit said written notice of appeal no later than fourteen (14) calendar days from the date of such decision.
(ii) 
The city council shall consider an act on whether it will appeal the planning and zoning commission's decision no later than fourteen (14) calendar days from the date of such decision or at its first regular meeting (for which there is time to post an agenda as required by law) that occurs after the planning and zoning commission meeting at which the decision was made, whichever is later.
(iii) 
Written notice of the city council's vote to appeal shall be submitted to the development services department within seven (7) calendar days of the city council's vote.
(B) 
The city council shall consider the appeal at a public meeting no later than forty-five (45) calendar days after the date on which the notice of appeal is submitted to the development services Department.
(C) 
The city council may affirm, modify or reverse the decision of the planning and zoning commission.
(3) 
Appeal of a planning and zoning commission decision to deny a zoning amendment.
(A) 
When the planning and zoning commission determines that a proposed zoning amendment, supplement or change should be denied, it shall so report and recommend to the city council and development services staff shall notify the applicant.
(B) 
If the proposal is denied by the planning and zoning commission, the request shall not be forwarded to the city council unless the applicant requests an appeal to the city council or the request is sent for review by the planning and zoning commission by simple majority vote.
(C) 
Upon denial of a proposed zoning amendment, supplement or change by the planning and zoning commission, the applicant may, upon his own motion within fourteen (14) calendar days, file with the director of development services a written request that a public hearing be scheduled and held before the city council regarding the application. The applicant's written request for appeal shall state why the appeal is being made and provide all necessary documentation to support the request.
(D) 
The applicant shall be responsible for the costs of re-notification, including postage.
(E) 
The affirmative vote of at least three-fourths (3/4ths) of all the members of the city council is required to overrule a recommendation of the planning and zoning commission that a proposed zoning amendment, supplement, or change be denied.
(F) 
The city shall not take action on a property where city taxes are delinquent.
(G) 
In case an application for a proposed zoning amendment, supplement or change is denied by the city council, said application shall not be eligible for reconsideration for twelve (12) months subsequent to such denial. A new application affecting or including all or part of the same property must be substantially different from the application denied, in the opinion of the planning and zoning commission to be eligible for consideration, within twelve (12) months of the denial of the original application.
(Ordinance 6555 adopted 12/5/2022)