7.1 
INTENT OF PROVISIONS.
A. 
Within the districts established by this ordinance or amendments thereto, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this ordinance was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this ordinance to permit such nonconforming uses to continue, as long as the conditions within this Section and other applicable sections are met.
B. 
It is further the intent of this ordinance that nonconforming uses shall not be enlarged upon, expanded or extended, and not be used as a basis for adding other structures or uses prohibited elsewhere in the same district.
C. 
Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.
7.2 
NONCONFORMING STATUS. Any use, platted lot, or structure which does not conform with the regulations of the zoning district in which it is located shall be deemed a nonconforming use or structure when:
A. 
Such use, platted lot, or structure was in existence and lawfully operating at the time of the passage of the previous ordinance passed February 6, 1979 or this ordinance on August 19, 1997, and has since been in regular and continuous use; or
B. 
Such use, platted lot, or structure is a lawful use at the time of the adoption of any amendment to this ordinance but by such amendment is placed in a district wherein such use, platted lot, or structure is not otherwise permitted and has since been in regular and continuous use; or
C. 
Such use, platted lot, or structure was in existence at the time of annexation to the City and has since been in regular and continuous use.
7.3 
CONTINUING LAWFUL USE OF PROPERTY AND EXISTENCE OF STRUCTURES.
A. 
The lawful use of land or lawful existence of structures at the time of the passage of this ordinance, although such do not conform to the provisions hereof, may be continued; but if said nonconforming use or structure is discontinued or abandoned, any future use of said premises shall be in conformity with the provisions of this ordinance.
B. 
Discontinuance of a nonconforming use shall commence on the actual act or date of discontinuance. Abandonment of a nonconforming structure shall commence on the act or date of abandonment.
C. 
When a nonconforming use or structure which does not meet the development standards in this ordinance ceases to be used in such manner as stated in Subsection B above for a period of six (6) months, such use shall not be resumed and proof of such event shall constitute prima facie evidence of an act of abandonment except as allowed in Section 7.5. Any nonconforming use which does not involve a permanent type of structure or operation and which is moved from the premises shall be considered to have been abandoned.
D. 
No nonconforming use or structure may be expanded, reoccupied with another nonconforming use, or increased as of the effective date of this ordinance except as provided in Section 7.5.
E. 
Conforming single-family residential uses on platted lots approved prior to this ordinance, which may now be nonconforming due to stricter standards, shall be deemed in conformance with this ordinance as long as the use of the lot is allowed in the respective district. Only the lot size, depth, setbacks and width shall be allowed to be less than the regulations prescribed in the zoning district in which it is located. All other regulations of this ordinance shall be met or the lot shall be considered nonconforming.
F. 
Any existing vacant lot platted prior to the adoption of this ordinance, which was legally conforming, shall be deemed a conforming lot.
7.4 
CHANGING NONCONFORMING USES.
A. 
Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not be changed back to a nonconforming use.
B. 
Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by the process outlined in Section 7.5 below.
C. 
A nonconforming use may not be changed to another nonconforming use.
7.5 
EXPANSION OF NONCONFORMING USES AND BUILDINGS. An expansion of a nonconforming use or structure is allowed in accordance with the following:
A. 
A nonconforming use located within a building may be extended throughout the existing building, provided;
1. 
No structural alteration (except as provided in Subsection E below) may be made on or in the building except those required by law to preserve such building in a structurally sound condition.
2. 
The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing at the time said use became a nonconforming use.
B. 
No nonconforming use within a building may be extended to occupy any land outside the building.
C. 
No nonconforming use of land or building shall be enlarged, increased, or extended to occupy a greater area of land than was occupied at the time the land became a nonconforming use, except to provide off-street loading or off-street parking space.
D. 
The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts except that a lot having less area than herein required which was an official "lot of record" prior to the adoption of this Ordinance, may be used for a single-family dwelling.
E. 
Buildings or structures which do not conform to the area regulations or development standards in this ordinance but where the uses are deemed conforming shall not increase the gross floor area greater than ten percent (10%).
F. 
Buildings or structures which have been vacant or abandoned for more than six (6) months and do not meet the current area regulations or development standards shall be allowed to be reoccupied by a conforming use if Subsection E above is followed.
7.6 
RESTORATION OF NONCONFORMING STRUCTURE.
A. 
If a structure occupied by a nonconforming use is destroyed by fire, the elements, or other cause, it may not be rebuilt except to conform to the provisions of this Ordinance. In the case of partial destruction of a nonconforming use structure not exceeding sixty percent (60%) of its total appraised value as determined by the Dallas County Central Appraisal District, reconstruction will be permitted, but the existing square footage or function of the nonconforming use cannot be expanded.
7.7 
COMPLETION OF STRUCTURES. Nothing herein contained shall require any change in the plans, construction, or designated use of (1) a building or structure for which a building permit has been issued or a site plan approved prior to the effective date of these zoning regulations, or (2) a building or structure for which a substantially complete application for a building permit was accepted by the Building Official on or before the effective date of these regulations, provided however that such building permit shall comply with all applicable ordinances of the City of DeSoto in effect on the date such application was filed and the building permit is issued within thirty (30) days of the effective date of these regulations.
(Ordinance 417 as amended through 2/7/2017)
8.1 
GENERAL. The Planning and Zoning Commission shall function according to Article 8.100 [Article 9.100] Advisory Boards and Commissions in the DeSoto Code of Ordinances which establishes membership and operating procedures. The powers and duties of the Planning and Zoning Commission are further defined in Section 10 and the City's Charter.
8.2 
CREATED; MEMBERSHIP; OFFICERS.
There is hereby created, in accordance with Subchapter 211.007 of Vernon's Texas Local Government Code and the City Charter, a Planning and Zoning Commission which shall consist of seven (7) citizens from the City of DeSoto. Members shall be appointed by the City Council for a term of three (3) years. The initial appointment of Planning and Zoning Commission members by the City Council shall designate which members shall serve three (3) years, which members shall serve two (2) years and which members shall serve one (1) year; and on each succeeding year thereafter, the Council shall select replacements for the Planning and Zoning Commission members whose terms have expired. Vacancies and unexpired terms shall be appointed by the Council for the remainder of the term.
Members of the Commission may be removed from office by the City Council after public hearing and for cause set forth in writing. All members shall serve without compensation. All members shall serve in accordance with Article 9.100 Advisory Boards and Commissions in the DeSoto Code of Ordinances pertaining to attendance and tenure requirements. The Planning and Zoning Manager shall keep minutes of all meetings held by the Planning and Zoning Commission and full record of all recommendations to be made by the Planning and Zoning Commission to the City Council. A Chairman and Vice-chairman shall be elected by the Planning and Zoning Commission from its membership.
8.3 
QUORUM; VOTING. Four members of the Planning and Zoning Commission shall constitute a quorum, and all members, including the presiding chairman, shall have the right of one vote each, a quorum being present. All actions by the Planning and Zoning Commission shall be by a majority vote of those members present and an affirmative vote of four (4) members shall be necessary for the passage of any recommendation to the City Council. If any member has a conflict of interest in review of any item on the Commission's agenda, he or she shall remove themselves from the room and refrain from voting only on the item for which a conflict exists.
8.4 
MEETINGS. The Planning and Zoning Commission shall meet at such times in the Town Center Municipal Building or other specified locations as may be designated by the Chairman or Vice Chairman in the absence of the Chairman, and at such intervals as may be necessary to orderly and properly transact the business of the Commission but not less than once each month.
8.5 
POWERS AND DUTIES. The Planning and Zoning Commission shall be an advisory body to the City Council and shall make recommendations regarding amendments to the Comprehensive Plan, changes of zoning and zoning to be given to newly annexed areas, and shall make recommendations regarding the approval of the plats of subdivisions as may be submitted to it for review and other planning related matters. The Planning and Zoning Commission shall conduct an annual review of the City's Comprehensive Plan and be prepared to make such recommendations to the City Council as deemed necessary to keep the City's Comprehensive Plan current with the needs and uses of the City. The Planning and Zoning Commission shall serve in an advisory capacity on any planning related item(s) in the City.
8.6 
PROCEDURE ON ZONING HEARINGS. The procedure and process for zoning changes and/or amendments shall be in accordance with Section 10.
(Ordinance 417 as amended through 2/7/2017)
9.1 
CREATION. There is hereby created a Board of Adjustment to be composed of five (5) members and four (4) alternate members who shall be residents and qualified voters of the City of DeSoto and shall serve without compensation.
9.2 
MEMBERS AND TERMS OF OFFICE.
The Board of Adjustment shall consist of five (5) regular members and four (4) alternate members who shall be appointed by the City Council in accordance with subchapter 211.008 through 211.011 Vernon's Texas Local Government Code as amended. The members shall serve for a period of two (2) years and until their successors are duly appointed and qualified. Three (3) regular board members and two (2) alternate members shall be appointed to serve for the two (2) year term on the odd-numbered years, and two (2) regular board members and two (2) alternate board members shall be appointed to serve for the two (2) year term on the even-numbered years and on each succeeding year thereafter, the Council shall select replacements for the Board of Adjustment members whose terms have expired. All members will be appointed by a majority vote of the City Council. Members may be removed by a majority vote of the members of the City Council, for cause on a written charge after a public hearing. Board members may be appointed to succeed themselves. Vacancies shall be filled by an alternate member for the unexpired term of a member whose term becomes vacant. Any member absent from three (3) regular consecutive meetings shall be deemed to have vacated such office unless such absences were due to sickness of the member or the member's family with leave being first obtained from the Chairman. Vacancies of an alternate member shall be filled by appointment of the City Council by majority vote.
Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings of the Board shall be open to the public. Four (4) members of the Board shall constitute a quorum for the conduct of business. All cases to be heard by the Board of Adjustment will always be heard by a minimum number of four (4) members. The members of the Board shall regularly attend meetings and public hearings of the Board and shall serve without compensation.
9.3 
AUTHORITY OF BOARD. The Board of Adjustment shall have the authority, subject to the standards established in sections 211.008 to 211.011 of the Texas Local Government Code and those established herein, to exercise the following powers and perform the following duties:
A. 
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;
B. 
Authorize the expansion or continuation of a nonconforming structure; and
C. 
Authorize in specific cases a variance (see Section 9.5) from the terms of this ordinance if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of this ordinance is observed and substantial justice is done.
D. 
In exercising its authority under Subsection A above, the Board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Board has the same authority as the administrative official.
E. 
The concurring vote of four (4) members of the Board is necessary to:
1. 
Reverse an order, requirement, decision, or determination of an administrative official;
2. 
Decide in favor of an applicant on a matter on which the Board is required to review under this zoning ordinance; or
3. 
Authorize a variation from the terms of this zoning ordinance.
9.4 
LIMITATIONS ON AUTHORITY OF BOARD.
A. 
The Board may not grant a variance authorizing a use other than those permitted in the district for which the variance is sought except as provided in Section 9.6.
B. 
The Board shall have no power to grant or modify specific use permits authorized under Section 35 of these regulations.
C. 
The Board shall have no power to grant a zoning amendment. In the event that a request for a zoning amendment is pending before the Planning and Zoning Commission or the City Council, the Board shall neither hear nor grant any variances with respect to the subject property until final disposition of the zoning amendment.
D. 
The Board shall not grant a variance (except as stated in Subsection E below) for any parcel of property or portion thereof upon which a Site Plan, Preliminary Plat, or Final Plat, where required, is pending on the agenda of the Planning and Zoning Commission and, where applicable, by the City Council. All administrative remedies available to the applicant shall have been exhausted prior to hearing by the ZBA.
E. 
If a proposed site does not conform to the zoning district standards and a variance has been requested, the Planning and Zoning Commission and/or the City Council may defer its actions until the Zoning Board of Adjustment has acted on the variance requests.
9.5 
VARIANCES.
A. 
In order to grant a variance from these zoning regulations, the Board of Adjustment must make written findings that an undue hardship exists, using the following criteria:
1. 
That literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property;
2. 
That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district;
3. 
That the relief sought will not injure the permitted use of adjacent conforming property; and
4. 
That the granting of a variance will be in harmony with the spirit and purpose of these regulations.
B. 
A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely on economic gain or loss, nor shall it permit any person a privilege in developing a parcel of land not permitted by this Ordinance to other parcels of land in the particular zoning district. No variance may be granted which results in undue hardship on another parcel of land.
C. 
The applicant bears the burden of proof in establishing the facts justifying a variance.
9.6 
NONCONFORMING USES AND STRUCTURES.
A. 
The ZBA shall have the authority to authorize the expansion or enlargement of a nonconforming use, or the expansion, enlargement or structural alternation to a structure containing a nonconforming use, when such an expansion, enlargement or alteration would not tend to prolong the life of the nonconforming use. Upon review of the facts, the ZBA may establish a specific period of time for the occupancy to revert to a conforming use; and
B. 
To authorize the reconstruction and occupancy of a nonconforming structure, or a structure containing a nonconforming use, where such structure has been damaged by fire or other causes to the extent of more than sixty percent (60%), but less than the total, of the replacement cost of the structure on the date of the damage. Such action by the Zoning Board of Adjustment shall have due regard for the property rights of the person or persons affected, and shall be considered in regard to the public welfare, character of the area surrounding such structure, and the conservation, preservation and protection of property; and
C. 
To authorize the enlargement, expansion or repair of a nonconforming structure in excess of sixty percent (60%) of its current value. In such instance, current value shall be established at the time of application for a hearing before the ZBA.
If such expansion or enlargement is approved by the ZBA, all provisions of the district in which such structure is located shall apply to the new construction on the lot or parcel.
D. 
To authorize a change of use from one nonconforming use to another nonconforming use, provided that such change is to a use of a more restrictive classification, the building or structure containing such nonconforming use shall not revert to the former lower or less restricted classification. The ZBA may establish a specific period of time for the conversion of the occupancy to a conforming use. Any change of a nonconforming use consistent with this Section shall be in accordance with the provisions of Section 7 of this ordinance.
E. 
To authorize the occupancy of an abandoned nonconforming structure. Such action by the ZBA shall have due regard for the property rights of the person or persons affected, and shall be considered in regard to the public welfare and safety, character of the area surrounding such structure, and the conservation, preservation and protection of property.
9.7 
PROCEDURES.
A. 
Application and Fee. An application for granting a variance by the Board of Adjustment, other than an appeal, shall be in writing using forms provided by the City and shall be accompanied by a fee.
B. 
Notice and Hearing. The Zoning Board of Adjustment shall hold a public hearing no later than 45 days after the date the application for action or an appeal is filed. Notice of a public hearing shall be provided to all property owners within two hundred feet (200') of the affected property ten (10) days prior to the public hearing and also published in the official local newspaper ten (10) days prior to the public hearing.
C. 
Appeals.
1. 
An appeal may be taken from the decision of an administrative official by an applicant for the permit on which the decision is rendered, by any person or persons directly aggrieved by the decision or by any officer, department, board or office of the municipality affected by the decision.
2. 
The appellant must file with the Board and the official against whom the appeal is taken a written notice of appeal specifying the grounds for the appeal within fifteen (15) days after the decision has been rendered. The officer to whom the appeal is made shall forthwith transmit to the Board all papers constituting the record of the action that is appealed.
3. 
An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certified in writing to the Board that facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the Board or a court of record on application, after notice to the official, if due cause is shown.
4. 
The appellant party may appear at the appeal hearing in person or by agent or attorney.
5. 
The Board shall decide the appeal within four (4) weeks after placement on its agenda after which time the request shall be deemed automatically approved. 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.
D. 
Vote Required for Board Decisions. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of an administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under these zoning regulations, or to effect any variance to the zoning regulations granted by the Board.
E. 
Judicial Review. Any person or persons, jointly or severally, aggrieved by a decision of the Board of Adjustment, or any taxpayer, or any officer, department, or Board of the City may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition must be presented within ten (10) days after the date the decision is filed in the Planning and Zoning office.
(Ordinance 417 as amended through 2/7/2017)
10.1 
DECLARATION OF POLICY AND REVIEW CRITERIA. The City declares the enactment of these regulations governing the use and development of land, buildings, and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:
A. 
To correct any error in the regulations or map.
B. 
To recognize changed or changing conditions or circumstances in a particular locality.
C. 
To recognize changes in technology, the style of living, or manner of conducting business.
D. 
To change the property to uses in accordance with the approved Comprehensive Plan.
In making a determination regarding a requested zoning change, the Planning and Zoning Commission and City Council shall consider the following factors:
1. 
Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the City as a whole.
2. 
Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area, and shall note the findings.
3. 
The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances which may make a substantial part of such vacant land unavailable for development.
4. 
The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change.
5. 
How other areas designated for similar development will be, or are unlikely to be, affected if the proposed amendment is approved.
6. 
Any other factors which will substantially affect the public health, safety, morals, or general welfare.
10.2 
AUTHORITY TO AMEND ORDINANCE.
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. Any Ordinance regulations or Zoning District boundary amendment may be ordered for consideration by the City Council, be initiated by the Planning and Zoning Commission, or be requested by the owner of real property, or the authorized representative of an owner of real property.
Consideration for a change in any district boundary line or special zoning regulation may be initiated only with written consent of the property owner, or by the Planning and Zoning Commission or City Council on its own motion when it finds that public benefit will be derived from consideration of such matter. In the event the ownership stated on an application and that shown on the City records are different, the applicant shall submit proof of ownership.
No person who owes delinquent taxes, delinquent paving assessments, impact fees, or any other delinquent debts or obligations to the City of DeSoto, and which are directly attributable to a piece of property requested for zoning shall be allowed to submit a zoning request until the taxes, assessments, debts, or obligations directly attributable to said property and owed by the owner or previous owner thereof shall have been first fully discharged by payment, or until an arrangement satisfactory to the City has been made for the payment of such debts or obligations. It shall be the applicant's responsibility to provide evidence or proof that the taxes have been paid.
10.3 
APPLICATION. Each application for zoning or for an amendment or change to the existing provisions of this Zoning Ordinance shall be made in writing on an application form available at the City, filed with the City and shall be accompanied by payment of the appropriate fee as established by the City of DeSoto, Texas in Appendix A - Fee Schedule, Article 25.000 of the City of DeSoto Code of Ordinances.
10.4 
PUBLIC HEARING AND NOTICE.
A. 
Prior to making its report to the City Council, the Planning and Zoning Commission shall hold at least one public hearing on each application as application by state law (Texas Local Government Code chapter 211 as so may be amended). Written notice of all public hearings on proposed changes in district boundaries shall be sent to all owners of property, or to the person rendering the same for City taxes, located within the area of application and within two hundred feet (200') of any property affected thereby (as required by the Texas Local Government Code chapter 211), within not less than ten (10) days before such hearing is held. Courtesy written notice of all public hearings on proposed changes in district boundaries shall also be sent to also be sent to all owners of property, or to the person rendering the same for City taxes, between two hundred feet (200') and four hundred feet (400') of any property affected thereby, within not less than ten (10) days before such hearing is held. Such notices may be served by using the last known address as listed on the latest approved tax roll and depositing the notice, postage paid, in the United States mail. Notice of hearings on proposed changes in the text of the Zoning Ordinance shall be accomplished by one publication not less than fifteen (15) days prior thereto in the official newspaper of the City. Changes in the ordinance text which do not change zoning district boundaries do not require written notification to individual property owners.
B. 
In addition to the notice requirements of Subsection A, if proposed adoption of or change to the district boundaries would cause current conforming use of property to become a nonconforming use of property if adopted, the notice must also:
1. 
Be mailed by Untied States mail to each owner of real or business personal property where the proposed nonconforming use is located as indicated by the most recently approved municipal tax roll and each occupant of the property not later than the 10th day before the hearing date;
2. 
Contain the time and place of the hearing; and
3. 
Include the following text in bold 14-point type or larger:
THE CITY OF DESOTO IS HOLDING A HEARING THAT WILL DETERMINE WHETHER YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE. PLEASE READ THIS NOTICE CAREFULLY.
10.5 
FAILURE TO APPEAR. Failure of the applicant or his representative to appear before the Planning and Zoning Commission or City Council for more than one hearing without an approved delay by the Planning and Zoning Manager shall constitute sufficient grounds for the Planning and Zoning Commission or the City Council to table or deny the application.
10.6 
PLANNING AND ZONING COMMISSION CONSIDERATION AND REPORT. The Planning and Zoning Commission shall function in accordance with Chapter 9, Section 9.103, City of DeSoto Code of Ordinances. The Planning and Zoning Commission, after the public hearing is closed, shall prepare its report and recommendations on the proposed change stating its findings, its evaluation of the request and of the relationship of the request to the Comprehensive Plan. The Planning and Zoning Commission may defer its report for not more than ninety (90) days from the time it is posted on the agenda or until it has had an opportunity to consider other proposed changes which may have a direct bearing thereon unless a postponement is requested by the applicant. If the Planning and Zoning Commission has not acted, the request shall be sent to the City Council as a recommendation to deny.
10.7 
If the Planning and Zoning Commission recommends denial of the zoning change request, it shall offer reasons to the applicant for the denial, if requested by the applicant. The Planning and Zoning Commission, at its discretion, may recommend to the City Council the zoning change request be denied with prejudice. The Planning and Zoning Chairman shall inform the applicant of the right to receive reasons for the denial.
10.8 
CITY COUNCIL CONSIDERATION.
A. 
Applications Recommended for Approval by the Planning and Zoning Commission. Every application or 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. No change, however, shall become effective until after the adoption of an ordinance for same and its publication as required by law.
B. 
Applications Recommended for Denial by the Planning and Zoning Commission. When the Planning and Zoning Commission makes a recommendation that a proposal should be denied, the request, in its original form, will not automatically be placed on the City Council agenda unless requested by the applicant within ten (10) days of such action.
C. 
Resubmission of Applications. A request which has been denied by the City Council may be resubmitted at any time for reconsideration by the City (a new filing fee must accompany the request). The City Council may deny any request with prejudice. If a request has been denied with prejudice, the same or similar request may not be resubmitted to the City for one (1) year from the original date of denial.
D. 
City Council Hearing and Notice for Zoning Changes. 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 hearing, which shall be at least fifteen (15) days after the date of publication.
E. 
Three-Fourths Vote.
1. 
A favorable vote of three fourths (3/4) of all members of the City Council shall be required to approve any change in zoning when such zoning change is protested by the owners of at least twenty percent (20%) 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. In computing the percentage of land, the area of streets and alleys is included. The following rules govern zoning protests:
a. 
Purpose.
(1) 
The state law expressly enables the governing body of a municipality to establish procedures for adopting and enforcing zoning regulations and district boundaries. Pursuant to that authority, the City Council enacts this subsection governing the receipt of written protests submitted for the purpose of requiring the favorable vote of three-fourths of all members of the City Council to effect a change in zoning district classification or boundary.
(2) 
This subsection is not intended to conflict with the state law; it is being enacted at a time when the state law does not explicitly provide how, when, or where a written protest must be filed. The City Council expressly recognizes that this subsection may be partially or completely preempted at any such time that the state law is amended to explicitly provide how, when, or where a written protest must be filed.
(3) 
This subsection is intended to accomplish the following listed objectives, which in the opinion of the City Council, are fully in keeping with the purposes, spirit, and intent of the state law:
(a) 
To allow the staff sufficient time to accurately calculate the land area percentages that determine the voting requirement.
(b) 
To protect the rights of all parties by establishing minimum criteria to assure the reliability of written protests received.
(c) 
To protect the rights of those protesting by establishing procedures and deadlines which are not unduly burdensome or restrictive.
(d) 
To promote order and maintain the integrity of the zoning process.
b. 
Form of Protest.
(1) 
A protest must be in writing and, at a minimum, contain the following information:
(a) 
A description of the zoning case at issue.
(b) 
The printed names of all persons protesting the proposed change in zoning district classification or boundary.
(c) 
The physical addresses of all persons signing the protest.
(2) 
The protest must bear the original signatures of all persons required to sign under Subsection E.1.c.
c. 
Who must sign.
(1) 
A protest must be signed by the owner of the property in question, or by a person authorized by power of attorney to sign the protest on behalf of the owner. If the property is owned by two or more persons, the protest must be signed by a majority of the owners, or by a person authorized by power of attorney to sign the protest on behalf of a majority of the owners, except that in the case of community property, the City shall presume the written protest of one spouse to be the protest of both.
(2) 
In the case of property owned by a corporation, the protest must be signed by the president, a vice-president, or by an attorney in fact authorized to sign the protest on behalf of the corporation. In the case of property owned by a general or limited partnership, the protest must be signed by a general partner or by an attorney in fact authorized to sign the protest on behalf of the partnership.
(3) 
Lots or land subject to a condominium regime are presumed to be commonly owned in undivided interests by the owners of all condominium units and under the control of the governing body of the condominium. For such lots or land to be included in calculation the lots or land area protesting a proposed, the written protest must state that the governing body of the condominium has authorized a protest in accordance with procedures required by its bylaws, and that the person signing the protest is authorized to act on behalf of the governing body of the condominium. A written protest signed by the owner of an individual condominium unit shall not be accepted unless the filing party produces legal documents governing the condominium that clearly establish the right of an individual owner to act with respect to his or her respective undivided interest in the common elements of the condominium.
d. 
Filing deadline.
(1) 
A written protest must be filed with the Planning Department before 4:00 p.m. of the working day immediately preceding the date advertised for the City Council public hearing in the statutory notice published in the official newspaper of the City. A protest sent through the mail must be received by the Planning Department before the deadline.
(2) 
Before the public hearing on the case, the filing deadline is automatically extended whenever the public hearing is re-advertised in the official newspaper of the City pursuant to statuary notice requirements.
(3) 
After the public hearing has begun, the filing deadline may only be extended by calling a subsequent public hearing and advertising that public hearing in the official newspaper of the City pursuant to statutory notice requirements. In such a case, the new filing deadline is 4:00 p.m. of the working day immediately preceding the newly advertised public hearing date.
e. 
Presumptions of validity.
(1) 
In all cases where a protest has been properly signed pursuant to this subsection, the City shall presume that the signatures appearing on the protest are authentic and that the persons or officers whose signatures appear on the protest are either owners of the property or authorized to sign on behalf of one or more owners as represented.
(2) 
In cases of multiple ownership, the City shall presume that a properly signed protest that on its face purports to represent a majority of the property owners, does in fact represent a majority of the property owners.
(3) 
The presumptions in Subsections (1) and (2) are rebuttable, and the City Attorney may advise the City Council that a presumption should not be followed in a specific case based on extrinsic evidence presented.
f. 
Conflicting instruments.
(1) 
In the event that multiple protests and withdrawals are filed on behalf of the same owner, the instrument with the latest date and time of execution controls.
2. 
A favorable vote of three-fourths (3/4) of the members of the City Council in attendance shall be required to approve any zoning change request which is recommended for denial by the Planning and Zoning Commission.
F. 
Final Approval and Ordinance Adoption. Upon approval of the zoning request by the City Council, the applicant shall submit all related material with revisions, if necessary, to the City for the preparation of the amending ordinance. A metes and bounds description of all property and appropriate exhibits must be submitted with the zoning change request application. The amending ordinance will not be approved until a correct description has been prepared. The zoning request shall be approved at the time the City Council makes a decision to approve the request as submitted or with certain conditions.
10.9 
JOINT PUBLIC HEARINGS. As authorized in section 211.007 of the Texas Local Government Code, the City Council may, by a two-thirds (2/3) 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 Planning and Zoning Commission. If the notice provisions are different than Section 10.4 above, then the provisions of Section 10.4 do not apply.
10.10 
PROCEDURE FOR NEWLY ANNEXED LAND. As soon as reasonable after an annexation ordinance is approved by the City Council, the City Manager or designated city official shall prepare an application for zoning the newly annexed property to "A" Agricultural unless the property owner, City Council or Planning and Zoning Commission determines another zoning district is more appropriate. The application shall be placed on the Planning and Zoning Commission's agenda. All procedures as set forth in this section shall apply.
(Ordinance 417 as amended through 2/7/2017; Ordinance 2248-21 adopted 10/19/2021; Ordinance 2296-22 adopted 11/1/2022; Ordinance 2317-23 adopted 4/18/2023; Ordinance 2399-24 adopted 7/16/2024)
11.1 
CERTIFICATE OF OCCUPANCY. 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 the use of land to a use of a different classification.
D. 
Change in occupant or business within a building.
No such use, or change of use, shall take place until a Certificate of Occupancy therefore shall have been issued by the Building Official. A fee shall be established by separate ordinance.
11.2 
PROCEDURE FOR NEW OR ALTERED BUILDINGS. 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. Said Certificate shall be issued after the Building Official orders the building or structure inspected and finds no violations of the provisions of this ordinance or other regulations which are enforced by the Building Official. Said Certificate shall be issued by the 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 Ordinance.
11.3 
PROCEDURE FOR VACANT LAND OR A CHANGE IN BUILDING USE. Written application for a Certificate of Occupancy for the use of vacant land, a change in the use of land or a change in the use of a building, or for a change from a nonconforming use to a conforming use, shall be made to said Building Official or his agent. If the proposed use is a conforming use, as herein provided, written application shall be made to said Building Official. If the proposed use is found to be in conformity with the provisions of this Ordinance, the Certificate of Occupancy shall be issued after the application for same has been made and all required inspections are completed and approved by the Building Official.
11.4 
CONTENTS. Every Certificate of Occupancy shall contain the following:
A. 
Building permit number;
B. 
The address of the building;
C. 
The name and address of the owner;
D. 
A description of that portion of the building for which the Certificate is issued;
E. 
A statement that the described portion of the building has been inspected for compliance with the requirements of the Uniform Building Code, group and division of occupancy;
F. 
The name of the Building Official;
G. 
Use (uses) allowed; and
H. 
Issue date of Certificate of Occupancy.
11.5 
CONDITIONAL CERTIFICATE OF OCCUPANCY. If the Building Official or his agents find that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, a Conditional Certificate of Occupancy may be issued for a period not to exceed six (6) months, for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. Such Conditional Certificate of Occupancy shall not be construed as in any way altering the respective rights, duties, or other obligations of the owners/tenants relating to the use or occupancy of the premises or any other provision of this Ordinance.
11.6 
POSTING. The Certificate of Occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Building Official or his authorized agent.
11.7 
REVOCATION. The Building Official may, in writing, suspend or revoke a Certificate of Occupancy issued under the provisions of this ordinance whenever the Certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provision of this ordinance or the building code and other codes adopted by the City, and any amendments thereto.
(Ordinance 417 as amended through 2/7/2017)