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(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)
(A) Creation and organization of Board of Adjustment.
(1) A Board of Adjustment is hereby established in accordance with the provisions of the state law regarding the zoning of cities. The word “Board”, when used in this chapter, shall be construed to mean the Board of Adjustment.
(2) The Board of Adjustment shall consist of five members, each to be appointed by the City Commission for a term of two years. Board members may be removed for cause by the City Commission upon written charges and after public hearing. One member may be a member of the City Planning Board or Zoning Commission; provided that, the appointment of any member of the City Planning Board or Zoning Commission shall be for his or her term of office as such only.
(3) Vacancies shall be filled for the unexpired term of any member whose position becomes vacant. The Board shall elect its own Chairperson who shall serve for a period of one year or until his or her successor is elected.
(4) The City Commission shall appoint four alternate members of the Board of Adjustment who shall serve in the absence of one or more regular members when requested to do so by the Chairperson of the Board of Adjustment. All cases to be heard by the Board of Adjustment will always be heard by a minimum of four members. Alternate members shall serve for the same period as the regular members and any vacancies shall be filled in the same manner and may be subject to removal as the regular members.
(B) Procedures.
(1) The Board of Adjustment may adopt rules to govern its proceedings provided that such rules are consistent with this chapter or state law. Meetings of the Board may be held at the call of the Chairperson or at such other times as the Board may determine and will be held in accordance with the open meeting law. The Chairperson, or in his or her absence, the acting Chairperson may administer oaths and/or compel public attendance.
(2) The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep a record of its examination and other official actions, all of which shall be immediately filed in the office of the Board of Adjustment and shall be a public record.
(3) Appeals to the Board of Adjustment can be taken by any person aggrieved, or by an officer, department, or board of the municipality affected by any decision of the Building Official relative to the enforcement of this chapter. Such appeal must be filed within 15 days after the decision has been rendered by the Building Official, by filing with the Building Official and with the Board of Adjustment a notice of appeal specifying the grounds thereof, upon payment of a fee in an amount determined by the City Commission. The Building Official shall forthwith transmit to the Board of Adjustment all the papers constituting the records upon which the action appealed from was taken.
(4) An appeal shall stay all proceedings of the action being appealed from unless the officer from whom the appeal is taken certifies the Board of Adjustment, after the notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, upon notice to officer from whom the appeal is taken, and on due cause shown.
(5) The Board of Adjustment shall fix a specific time for the hearing of an appeal, give the public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time.
(6) At a public hearing relative to an appeal, any interested party may appear before the Board in person, by agent or by attorney. The burden of proof shall be on the applicant to establish the necessary facts to warrant favorable action of the Board on a matter. Any action granting a variance authorizing the issuance of a building permit or certificate of occupancy shall be valid only for a period of 90 days from such action, unless said building permit or certificate of occupancy is secured in the 90-day period, in which event the action shall be permanent. The Board shall have the authority to grant a longer period. If said building permit or certificate of occupancy is not secured within the 90-day period, or within any extended period granted by the Board, the action of the Board shall become void without prejudice to a subsequent appeal and such appeal shall be subject to the same regulations and requirements for hearing as herein specified for the original appeal.
(7) An appeal to the Board of Adjustment for the same or a related action on the same piece of property shall not be allowed prior to the expiration of one year from a previous ruling by the Board on any appeal to such body unless other property in the immediate vicinity has, within the said one-year period, been changed or acted on by the Board or City Commission so as to alter the facts and conditions upon which the previous Board action was based, as determined by the Board. Such change of circumstances shall permit the rehearing of an appeal by the Board prior to the expiration of a one-year period, but such conditions shall not have any force in law to compel the Board, after a hearing, to grant a subsequent appeal; such subsequent appeal shall be considered entirely on its merits and the peculiar and specific conditions related to the property on which the appeal is brought.
(8) No final action shall be taken by the Board of Adjustment on an appeal on the absence of a written recommendation from a person designated by the city.
(C) Jurisdiction of the Board of Adjustment. When in its judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, the Board of Adjustment may, in specific cases, after written notice and public hearings, and subject to appropriate conditions and safeguards, authorize or order the following:
(1) Hear and decide appeals where it is alleged there is error on any order, requirement, decision or determination made by the Building Official in the enforcement of this chapter;
(2) To hear and decide special exception to the terms of this chapter upon which such Board is required to pass under this chapter. The Board will set appropriate terms for exceptions when necessary;
(3) To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done;
(4) Permit the reconstruction, extension or enlargement of a building occupied by non-conforming uses, on the lot or tract occupied by such building; provided, such reconstruction does not prevent the return of such property to a conforming use;
(5) Permit such variances of height, yard, area, lot coverage, off-street parking and loading regulations that will not be contrary to the public interest and where, because of special conditions, the enforcement of this chapter or its amendments would result in an unnecessary hardship. 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 chapter to other parcels of land in the district. No variance may be granted if it results in an unnecessary hardship, as herein defined on another parcel of land;
(6) In order to make a finding of hardship and grant a variance, the Board of Adjustment must determine that:
(a) The requested variance does not violate the intent of the chapter or its amendments;
(b) Special conditions of restricted area, shape, topography or physical features exist that are peculiar to subject parcel of land and are not applicable to other parcels of land in the same zoning district;
(c) The hardship is in no way the result of the applicant’s own actions; and
(d) The interpretation of the provisions in this chapter or its amendments would deprive the applicant of rights commonly enjoyed by other properties, in the same zoning district, that comply with the same provisions.
(7) No variance may authorize a use other than those permitted in the district, for which the variance is sought.
(D) Action of the Board.
(1) In exercising its powers, the Board may, in conformity with the provisions of Tex. Rev. Civ. Stat. Art. 1011-a through 1011-j, as amended, (Tex. Local Gov’t Code §§ 211.001 through 211.013) reverse or affirm, wholly or partly, or may modify the order, requirement, decisions or determination appealed from and make such order, requirement, decisions or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken, including the power to impose reasonable conditions to be complied with by the applicant.
(2) The concurring vote of four members of the Board shall be necessary to revise any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to approve any variance in said ordinance.
(3) Any person or persons, jointly or severally, aggrieved by any officer, department or board of the municipality, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or part, specifying the grounds of the illegality. Such petition shall be presented to the Court within ten days after the filing of the decision in the office of the Board, and not thereafter. The date of filing of the decision in the office of the Board shall be the date the Board announces its decision either orally or in writing to the applicant.
(E) Filing fee. A filing fee of $100 to help pay a part of the cost of legal publications, accumulating data and other administrative costs shall accompany each notice or appeal filed with the Board of Adjustments.
(1998 Code, App. A, § 40-81) (Ord. 01-64, passed 1-16-2002)
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