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The City Council may appoint a zoning administrator whose term of office shall be established by resolution of the Council. In the event the Council refuses or otherwise decides not to appoint a zoning administrator, all duties of that office shall attach to the office of the City Clerk.
(Prior Code, § 601.25)
The enforcing officer shall enforce the provisions of this chapter and in addition thereto and in furtherance thereof he or she shall:
(A) Accept applications and issue permits upon the fulfillment of the requirements necessary thereto, and shall make and maintain records thereof;
(B) Inspect or supervise the inspection of buildings and uses of land to determine compliance with the terms of this chapter;
(C) Maintain permanent and current records of this chapter, including, but not limited to all maps, amendments, and conditional uses, variances, appeals and applications therefor;
(D) Receive, file and forward all applications for appeals, variances, conditional use permits or other matters to the designated official bodies;
(E) Institute in the name of the city any appropriate action or proceeding against the violator of the requirements of this chapter or otherwise to enforce same;
(F) Serve as an ex-officio member of the Planning Commission;
(G) Issue orders for the cessation of all work or improvements regulated by the comprehensive plan of the city to accommodate and regulate development, and to issue orders for the recommencement of the work or improvements upon the correction of the limitation of the violation cited;
(H) Any and all duties relating to the purposes of this or related chapters which may be delegated to him or her by the Council; and
(I) The enforcing officer may, with the prior approval of the Council, appoint deputies, who shall have all powers expressly delegated by the enforcing officer.
(Prior Code, § 601.26)
(A) Board of Appeals and Adjustments established. The City Council hereby establishes a Board of Appeals and Adjustments.
(B) Duties.
(1) The Board of Appeals and Adjustments is authorized to hear appeals when it is alleged that an administrative decision in the interpretation or enforcement of this chapter is in error.
(2) The Board of Appeals and Adjustments is also authorized to hear requests for variances from the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship.
(Prior Code, § 601.27) (Am. Ord. 2005-02, passed 6-27-2005)
(A) A variance may be granted from the requirements of this chapter including those placed on nonconformities. A variance is only permitted when it is in harmony with the general purposes and intent of this chapter and when the variance is consistent with the comprehensive plan. A variance may be granted when the applicant establishes that there are practical difficulties in complying with this chapter. Practical difficulties means that the property owner proposes to use the property in a reasonable manner not permitted by this chapter, the plight of the land owner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, would not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties also includes inadequate access to direct sunlight for solar energy systems. Inadequate access means the failure to achieve reasonable access to direct sunlight, not optimal or maximal access. Variances must be granted for earth sheltered construction as defined in state law, when in harmony with this chapter. The city may impose conditions in granting of a variance. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.
(1) Applications provided by the city must be completed in writing prior to any consideration of variance petitions. Fees for variances are established by ordinance adopted by the City Council.
(2) The Board of Appeals and Adjustments may require the applicant to provide ten copies of plans, maps, surveys, and the like, as deemed necessary, to ensure proper review and consideration of variance petitions.
(3) After filing an application, the City Clerk shall set a date for a public hearing before the Board of Appeals and Adjustments. Notice of the hearing shall be posted and published at least ten days prior to the date of the hearing, and notice shall be mailed to each property owner within 350 feet of the property to which the variance relates. Defects in the notice or failure to notify individual property owners shall not invalidate the proceedings, provided a good faith effort was made to comply with these provisions.
(4) Upon hearing the request, the Board of Appeals and Adjustments shall either approve or deny the variance and shall state the reasons for the action. Conditions for approval may be attached to any variance granted.
(5) Findings. The Board of Appeals and Adjustments must find as follows in the granting of a variance from this chapter.
(a) Granting a variance will not adversely affect the public health, welfare and safety and will not be detrimental or injurious to property or improvements in the neighborhood.
(b) Strict interpretation or enforcement would result in a practical difficulty or unnecessary hardship that is not self created, that is inconsistent with the intent of this chapter and the comprehensive plan.
(c) There are exceptional or extraordinary circumstances or conditions applicable to the property, use or facilities that do not apply generally to other properties in the same district.
(d) Granting of the variance will not allow a use which is otherwise not a permitted use in the zoning district in question.
(6) A variance granted but not used shall become void one year after its effective date.
(B) Variance appeal procedures.
(1) Within 30 days of the action of the Board of Appeals and Adjustments, the applicant or an affected property owner may file an appeal to the City Council to the decision of the Board of Appeals and Adjustments.
(2) The City Council shall set a date for a public hearing, within 45 days of receipt of the appeal, to consider and act upon the appeal.
(Prior Code, § 601.28) (Am. Ord. 2005-02, passed 6-27-2005; Am. Ord. 2013-03, passed 2-11-2013)
(A) Application. Whenever this chapter requires a conditional use permit, an application therefor in writing shall be filed with the enforcing officer.
(B) Contents of application. The application shall be accompanied by a site plan of the proposed use showing information as may be necessary or desirable, including, but not limited to, the following.
(1) Site plan drawn to scale showing parcel and building dimensions.
(2) Location of all buildings and their square footages, in relation to the boundaries of the parcel involved.
(3) The uses existing on all adjoining properties.
(4) Curb cuts, driveways, access roads, parking spaces and off-street loading areas.
(5) Existing topography.
(6) Finished grading and drainage plan.
(7) The type of business or activity and the proposed number of employees.
(8) Proposed floor plan of any building with use or uses indicated.
(9) Existing and proposed sanitary sewer, storm sewer and water plan with estimated use per day.
(10) Soil type and soil limitations for the intended use. If severe soil limitations for the intended use are noted, a plan or statement indicating the soil conservation practice or practices to be used to overcome the limitation shall be made a part of the permit application.
(11) A location map showing the general location of the proposed use within the city.
(12) The conditions giving rise to the need for a conditional use permit, together with the reasons supporting the issuance thereof.
(C) Referral to Commission. The application and required information shall be referred to the Planning Commission for study concerning the effect of the proposed use on the comprehensive plan and on the character and development of the neighborhood.
(D) Public hearing.
(1) A public hearing shall be set before the Planning Commission not less than ten days before notice of the hearing is published in the city’s official newspaper.
(2) Notice of the hearing shall also be mailed to all property owners within 350 feet of the property on which the conditional use is proposed. Defects in the notice or failure to notify individual property owners shall not validate the proceedings, provided a good faith effort was made to comply with these provisions.
(E) Recommendation of the Planning Commission. The Planning Commission shall forward its findings/recommendations on the conditional use permit to the City Council after the public hearing has been held.
(F) City Council action.
(1) The City Council shall consider the advice and recommendation of the Planning Commission and the effects of the proposed use upon the health, safety, and welfare of the city and of the occupants of the immediate neighborhood.
(2) Should the City Council find that the proposed use when conducted under the specified conditions will not be detrimental to the health, safety, or general welfare of the community, it may grant a conditional use permit, specifying the location and the use requested, together with conditions attached thereto as are deemed appropriate.
(G) Periodic review. The City Council may require a periodic review of the permit and the conditions attached thereto to be made by the enforcing officer. The City may charge a fee for periodic review as set forth in the current City Fee Schedule.
(H) Revocation. A violation of any condition set forth in a conditional use permit shall constitute a violation of this code, and constitute grounds for the immediate termination of the permit.
(I) Purpose for which issued.
(1) A conditional use permit shall be issued for a particular use of a structure and/or parcel, and shall not be deemed issued to a particular person or firm.
(2) However, where a conditional use permit is issued based in part or wholly upon the unique skills or abilities of the applicant, the City Council may require as a condition of the permit that any transfer of the use or conveyance of the property upon or in which the use is carried on may be subject to reasonable, predescribed conditions.
(J) Conditional use permit voided. A conditional use permit issued hereunder shall become void one year after the date upon which it was granted, unless the permit is fully implemented and the conditions attached thereto fully met; provided, that the Council may expressly extend the period of time within which a conditional use permit may be implemented and the conditions met at the time of issuance of the original conditional use permit, if requested to do so and the grounds for the request justify an extension.
(Prior Code, § 601.29) (Am. Ord. 2005-02, passed 6-27-2005; Am. Ord. 2008-2, passed - -)
(A) Purpose and definition. In addition to the purposes stated in § 154.02 of this chapter, it is intended that the Interim Use Permit procedures allow flexibility in the use of land or structures in the city when such uses are not permanent and when such uses meet appropriate conditions and performance standards that protect the public health, safety, and welfare. An interim use is a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. The use must cease upon termination of the permit.
(B) Application, public hearing, and procedure. The application, public hearing, notice, and procedural requirements for Interim Use Permits shall be the same as those for Conditional Use Permits, as provided in § 154.29 of this chapter. If a proposed interim use is not listed as a permitted interim use in this chapter, a text amendment to this chapter will be required before an interim use permit may be considered.
(C) Termination. All Interim Use Permits shall terminate on the happening of any of the following events, whichever first occurs:
(1) The termination date stated in the permit.
(2) A violation of the conditions under which the permit was issued.
(D) Standards.
(1) The interim use must be allowed in the zoning district where the property is located.
(2) The interim use must meet or exceed the performance standards set forth in this chapter and other applicable provisions of this code.
(3) The interim use must comply with the specific standards for the use identified in this chapter, and must comply with all conditions of approval, which shall be included in the Interim Use Permit.
(E) Conditions. The city may attach conditions to approval of a permit to mitigate anticipated adverse impacts associated with the use, to ensure compliance with the standards of approval, to protect the value of other property, and to achieve the goals and policies of the Comprehensive Plan.
(Ord. 2007-5-14, passed 5-14-2007)
(A) Authority. The provisions of this chapter may be amended by the City Council.
(B) Initiation for amendment.
(1) The City Council or the Planning Commission may, upon their own motion, initiate an amendment to the text of this chapter or the official map of the city.
(2) Any person owning real estate may petition the Council to amend the text of this chapter or amend the official map of the city in a manner as to affect his or her real estate or a larger parcel which includes his or her real estate.
(C) Application for amendment.
(1) All petitions or requests for amendments shall be filed with the enforcing officer.
(2) When the application involves the changing of zoning districts and boundaries thereof, it shall be accompanied by a map or plat showing the lands proposed to be changed, type of soil, and all lands and uses made thereof within 200 feet of the boundaries of the property proposed to be rezoned, together with a certified list of the names and addresses of the owners of the land in the entire area mentioned.
(D) Referral to the Planning Commission. All petitions or requests for amendments shall be referred to the Planning Commission which shall hold a public hearing to consider the proposed amendment.
(E) Notice. The enforcing officer shall cause to be published a notice of public hearing in the official newspaper of the city at least ten days but not more than 30 days prior to the date of the hearing.
(F) Action by the Planning Commission.
(1) If the request for amendment to the zoning regulations involves a zoning district change, notice of the public hearing shall be mailed to all property owners within 350 feet of the property on which the amendment is proposed.
(2) Defects in the notice or failure to notify individual property owners shall not validate the proceedings, provided a good faith effort was made to comply with these provisions.
(3) The Planning Commission shall forward its findings/recommendations on the proposed amendment to the City Council after the public hearing has been held.
(G) Action by the City Council. The City Council shall review the findings and recommendations of the Planning Commission and act upon the amendment within the time frame prescribed by law.
(Prior Code, § 601.30) (Am. Ord. 2005-02, passed 6-27-2005)
All application fees, escrows, reimbursable expenses, and other costs associated with or attributed to this chapter are established in § 36.01 of the Harris City Code..
(Prior Code, § 601.31) (Am. Ord. 2005-02, passed 6-27-2005; Am. Ord. 2007-5-14, passed 5-14-2007)
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