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Nothing herein contained shall require any change in plans, construction or designated use of a building legally under construction or restoration or for which a permit for construction or restoration has been issued at the time of passage of this chapter. The entire construction or restoration of the building shall be complete within two years from the passage of this chapter.
(1998 Code, App. A, § 40-68)
(A) Gasoline or diesel storage tanks shall conform to the provisions of Ch. 96 of this code of ordinances.
(B) Portable fuel containers of less than 55 gallons capacity shall not be considered storage tanks for purposes of this section.
(C) No gasoline or diesel storage tank shall be located in Districts A, A-1, A-2, B, B-1, C, C-1, MH and O-P or any residential district that may be created in the future.
(D) Aboveground storage tanks other than vaulted aboveground tanks are prohibited, except in District H and G.
(E) Vaulted aboveground tanks for private use may be allowed in all districts, except A, A-1, A-2, C, C-1, D, D-1, MH and O-P; provided, they meet all local requirements.
(F) Storage tanks for all retail and marine service stations open for public use shall be underground.
(G) No opening for the filling or dispensing of any gasoline or diesel tanks shall be permitted within 50 feet of any boundary of a district zoned for residential uses or within 50 feet of any residential use.
(1998 Code, App. A, § 40-69) (Ord. 94-05, passed 4-20-1994) Penalty, see § 160.999
ADMINISTRATION AND ENFORCEMENT
(A) Zoning Commission.
(1) Creation. There is hereby constituted a commission to be known as the Zoning Commission of the city pursuant to Tex. Local Gov't Code § 211.007 et seq.
(2) Composition. The Zoning Commission shall consist of five members and two alternate members who shall each be appointed by the City Commission, upon recommendation of the Mayor.
(3) Terms of office. The Zoning Commission is recognized as lawfully constituted and existing in accordance with the authority of the Charter, and the terms and appointments of the five currently serving members and two currently serving alternate members are affirmed such that all members are serving two-year staggered terms as follows: three members have terms expiring 9-30-2023; two members have terms expiring 9-30-2024; and the two alternate members have terms expiring 9-30-2023. Thereafter, all appointments on such Zoning Commission shall be for a term of two years. Any vacancy on the Zoning Commission in and during the unexpired term of a member thereof shall be filled by the City Commission, upon recommendation by the Mayor.
(4) Quorum. Any combination of three members and/or alternate members shall constitute a quorum for the transaction of business. The affirmative vote of a majority of these attending any meeting at which there is quorum present shall be necessary to pass any motion or recommendation of the Zoning Commission. Alternates shall sit and vote as a member of the Zoning Commission when required to establish a panel of up to five members. When more than one alternate is available to fill a single vacancy, the Zoning Commission Chairperson shall designate which alternate shall serve.
(5) General duties. The Zoning Commission shall have the following powers:
(a) To recommend the boundaries of the various districts and appropriate regulations to be enforced therein under this section, the Charter of the city or the laws of the state to the City Commission and to recommend approval or denial of zoning changes and regulations under this section, the Charter of the city or the laws of the state;
(b) To hear, recommend or determine any matter relating to zoning control as may be specified or required under this section, the Charter of the city or the laws of the state; and
(c) To exercise such duties and powers as may be now or hereafter conferred by this section, the Charter of the city or applicable laws of the state.
(B) Planning Board.
(1) Creation. There is hereby constituted a board to be known as the Planning Board of the city. It is recognized that at the time of adoption of this section the Planning Board has existed and functioned in accordance with the authority of the city's Charter.
(2) Composition. The Planning Board shall consist of five members and two alternate members who shall each be appointed by the City Commission, upon recommendation of the Mayor.
(3) Terms of office. The Planning Board is recognized as lawfully constituted and existing in accordance with the authority of the Charter, and the terms and appointments of the five currently serving members are affirmed such that all members are serving four-year staggered terms as follows: two members have terms expiring 9-30-2023; one member has term expiring 9-30-2024; one member has term expiring 9-30-2025; and one member has term expiring 9-30-2026. One alternate member shall be appointed to an initial term expiring 9-30-2024 and one alternate member shall be appointed to an initial term expiring 9-30-2025. Thereafter, all appointments on such Planning Board shall be for a term of four years. Any vacancy on the Planning Board in and during the unexpired term of a member or alternate member thereof shall be filled by the City Commission, upon recommendation by the Mayor.
(4) Quorum. Any combination of three members and/or alternate members shall constitute a quorum for the transaction of business. The affirmative vote of a majority of these attending any meeting at which there is quorum present shall be necessary to pass any motion or recommendation of the Planning Board. Alternates shall sit and vote as a member of the Planning Board when required to establish a panel of up to five members. When more than one alternate is available to fill a single vacancy, the Planning Board Chairperson shall designate which alternate shall serve.
(5) General duties. The Planning Board shall have the powers, authorities, duties and responsibilities as designated by the City Commission by duly enacted ordinance, including without limitation any such ordinances in effect as of the date of the adoption of this section.
(1998 Code, App. A, § 40-76) (Ord. 2022-28, passed 11-2-2022)
(A) General. The City Commission may, from time to time, on its own motion or on petition, after public notice and hearings thereon, as provided herein, amend, supplement, change, modify or repeal the regulations and restrictions as established herein and may change, restrict or extend the boundaries of the various districts established herein. Before taking action upon any proposed amendment, modification, change, restriction or extension, the same shall be referred by the City Commission to the Zoning Commission of the city, for recommendation and final report of such Zoning Commission; and no action shall be taken by the City Commission until it has received the final report of said Zoning Commission.
(B) Application requirements.
(1) Any person, firm or corporation requesting a change in zoning of any property from one district classification to another district classification under this chapter shall make an application in writing to the city requesting a change in zoning, which application shall contain the following information:
(a) Legal description of the land on which a zoning change is requested together with the local street address;
(b) Name and address of the owner of the property;
(c) Name and address of the person making the application, if made by anyone other than the owner, together with a statement that the person making the application is authorized to act for the owner in making the application;
(d) District use under which the property is regulated at the time of making the application and the district use requested by the applicant; and
(e) Any other information concerning the property as may be requested by the Department of Transportation and Planning of the city or the Zoning Commission.
(2) Prior to processing the request, the applicant shall pay a fee as established in § 160.107 of this chapter to offset the costs of processing, publishing and mailing of notices.
(C) Zoning Commission public hearing.
(1) Notification. Before acting upon any changes in the classification of property, the Zoning Commission shall hold a public hearing. Written notice of all such public hearings before said Zoning Commission on proposed changes in classification shall be sent to owners of real property lying within 200 feet of the property on which the change in classification is proposed, such notice to be given, not less than ten days before the date set for the hearing, to all such who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the city post office. Where property lying within 200 feet of the property proposed to be changed is located in territory which was annexed to the city after the final date for making the renditions which are included on the last approved city tax roll, proper advertising of the public hearing shall be provided by at least 15 days’ notice of the time and place of such hearing as published in an official newspaper or a newspaper of general circulation in the city.
(2) Continuance. Any hearing may be continued for good cause at the request of the applicant, or at the discretion of the Zoning Commission duly noted in writing in its minutes. In the event that any hearing is continued or recessed or, a matter tabled for any reason other than lack of proper notice, further notice to surrounding property owners shall not be required provided that such continuation date and time shall be set at that meeting.
(3) Recommendation.
(a) Upon the final hearing of such application, the Zoning Commission shall recommend approval or denial of the same and a report of such action shall be made by the Zoning Commission to the City Commission.
(b) In the event that the Zoning Commission recommends that a zoning change request not be granted, the case will not be processed further and shall not be forwarded to the City Commission for public hearing, unless the applicant shall, within ten days after the date the Zoning Commission votes to recommend that the zoning change not be granted, file with the Department of Transportation and Planning a request that the application be forwarded to the City Commission for a public hearing and determination of the zoning change request.
(c) In the event a zoning change request is denied by the Zoning Commission or the City Commission, the property owner/applicant shall not reapply for the same land use rezoning change for a period of 180 days from the date of denial.
(D) City Commission public hearing.
(1) Notification. Before acting upon an amendment change, modification or repeal of this chapter by the City Commission, at least 15 days’ notice of the time and place of such hearing shall be published in an official newspaper or a newspaper of general circulation in the city.
(2) Continuance. Any hearing may be continued for good cause at the request of the applicant, or at the discretion of the City Commission duly noted in writing in its minutes. In the event that any hearing is continued or recessed or a matter tabled for any reason other than lack of proper notice, further notice to surrounding property owners shall not be required provided that such continuation date and time shall be set at that meeting.
(3) Approval. If the zoning request for change in classification of property is approved by the City Commission, an appropriate ordinance shall be voted upon by the City Commission when the City Commission has received notice from the Building Official that the applicant has requested a building permit for the requested uses.
(4) Expiration. If no ordinance granting the requested zoning has been adopted within one year of the date on which the City Commission voted approval of the zoning change, such zoning shall be considered to be expired unless placed on the City Commission agenda for further consideration.
(1998 Code, App. A, § 40-77) (Ord. 95-26, passed 1-3-1996; Ord. 98-37, passed 12-2-1998)
Should any person, firm or corporation petition the city to amend this chapter so as to change the classification of any property from its present zoning classification, contemporaneously with the filing thereof, a filing fee according to the schedule below, shall be paid by him, her or it, to the City Secretary for the benefit of the city to in part compensate the city for its expense in bringing the matter on to a public hearing.
District Requested | Fee |
Any district, except S-P or I (Planned Unit Development) | $250 |
I (Planned Unit Development) | $400 |
S-P for area less than 5 acres | $300 |
S-P for area of 5 acres or more | $350 |
(1998 Code, App. A, § 40-78) (Ord. 01-32, passed 7-21-2001)
In case of a written protest against such change, signed by the owners of 20% or more either of the area of the lots or land included in such proposed change, or of the lots or land immediately adjoining the same and extending 200 feet therefrom, such amendment shall not become effective, except by the favorable vote of three-fourths of all members of the City Commission.
(1998 Code, App. A, § 40-79)
It shall be the duty of the Building Official, Fire Marshal or designee, Assistant Fire Marshal or any deputy or inspector working under their direction, to enforce the provisions of this chapter and to refuse to issue any permit for any building or structure or the use of any premises which would violate any of the provisions hereof, and cause any building, structure, place or premises to be inspected and examined, and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of this chapter. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter, the Building Official is hereby authorized and directed to institute any appropriate action or proceedings to prevent such unlawful erection, maintenance, construction, reconstruction, alteration, repair, conversion or use, to restrain, correct or abate such violation and to prevent any illegal act, conduct or use on or about such premises.
(1998 Code, App. A, § 40-80) (Ord. 94-05, passed 4-20-1994)
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