PLANNING AND ZONING COMMISSION
7.1 Organization and Appointment
There is hereby created a Planning and Zoning Commission which shall be organized, appointed by the Mayor and confirmed by the City Council and function as follows:
a. Membership: The Planning and Zoning Commission shall consist of seven (7) members who are residents of the City. Vacancies may be filled of any member whose place becomes vacant for any cause in the same manner as the original appointment was made.
b. Organization: The Commission shall meet on-call and shall designate the time and place of its meetings. The Commission may adopt its own rules of procedure and keep a record of its proceedings consistent when the provisions of this ordinance and the requirements of law.
c. Quorum and Compensation: A quorum for the conduct of business shall consist of three members and/or alternate members of commission. The members shall serve without compensation, except for reimbursement of authorized expenses attendant to the performance of their duties.
7.2 Duties and Authority
The Planning and Zoning Commission is hereby charged with the duty and invested with the authority to:
a. Formulate and recommend to the City Council for its adoption a city plan for the orderly growth and development of the city and its environs and from time to time recommend such changes in the plan as it finds will facilitate the movement of people and goods, and the health, recreation, safety, and general welfare of the citizens of the city.
b. Formulate a zoning plan as may be deemed best to carry out the goals of the city plan; hold public hearings and make recommendations to the City Council relating to the creation, amendment, and implementation of zoning regulations and districts as authorized under state law.
c. Exercise all powers of a commission as to approval or disapproval of plans, plats, or replats as authorized under state law.
d. Study and recommend the location, extension, and planning of public rights-of-way, parks, or other public places, and on the vacating or closing of same.
e. Study and make recommendations regarding the general design and location of public buildings, bridges, viaducts, street fixtures, and other structures and appurtenances.
f. Initiate, in the name of the city, proposals for the opening, vacating, or closing of public rights-of-way, parks, or other public places and for the change of zoning district boundaries on the areawide basis.
g. Formulate and recommend to the City Council for its adoption policies and regulations consistent with the adopted city plan governing the location and/or operation of utilities, public facilities, and services owned or under the control of the city.
h. Submit once a year a progress report to the City Council summarizing the activities for the past year and a proposed work program for the coming year.
Additional Provisions for Planning and Zoning Commission
A. Creation of a Building Site.
No permit for the construction of a building or buildings upon any tract or plot shall be issued until a building site, building tract or building lot has been created as follows:
The lot or tract is part of the plat of record, properly approved by the Planning and Zoning Commission, and filed in the Plat Records of Henderson County, Texas.
B. Platting Property Not Permanently Zoned.
The Planning and Zoning Commission of the City shall not approve any plat of a subdivision within the city limits of the City until the area covered by the proposed plat shall have been permanently zoned by the City.
The Planning and Zoning Commission of the City shall not approve any plat of any subdivision in any area where a petition or ordinance for annexation or a recommendation for annexation to the City is pending before the City Council.
C. Variances.
Whenever the tract design or plan is of such unusual size, shape, topography, or arrangement, or is surrounded by such development or conditions, that the strict application of the provisions of the ordinance would result in substantial hardship, or where special planning of complex integrated facilities would promote health and welfare, the Board of Adjustments may vary modify, or waive such requirements to the end that the facilities may be developed consistent with the public safety. The Board shall have no authority to change any provision of this Ordinance and its jurisdiction is limited to hardship and borderline cases which may arise from time to time.
D. Enforcement.
1. Enforcement of this ordinance shall be the duty of the properly appointed zoning official, as appointed by the City Council. No oversight or dereliction on the part of the zoning official or on the part of any official or employee of the town or county shall legalize, authorize, or excuse the violation of any of the provisions of this ordinance.
2. Building Permits - The issuance of building permits shall be the duty of the zoning official, and the construction, alteration or repair, removal or reconstruction of any structure or any part thereof as provided or as restricted herein, shall not be hereafter commenced until after the issuance of a written permit for the same is issued by said zoning official. Said building permit shall be valid for a period of one year unless otherwise noted by the zoning official. The zoning official, in the proper exercise of his duties, shall have the right of entering into a building, dwelling, apartment, apartment house or other building or premises, subject to this ordinance in accordance with the terms hereof, during all reasonable hours, and upon presentation of proper identification to the owner, agent or tenant in charge of such property.
3. When applications for building permits are requested which do not comply with the zoning ordinance, the zoning official has the duty to advise the applicant(s) of their right to request a hearing by the Board of Adjustment for settlement of any dispute which arises over the enforcement of this ordinance. The zoning official shall have the duty to require each applicant for a building permit to furnish a site plan, drawn to scale, showing the name of the person making the application, the actual dimensions of the lot to be built upon as shown by a survey, the size, shape, and location of the building to be erected and such other information as may be necessary to provide for the enforcement of this ordinance. The zoning official bas the further duty to maintain a record of applications and plats, and to make these records and plats available for public inspection.
4. After passage of this ordinance, no building construction, converted or structurally altered shall be used, occupied or changed in use, and no land shall be used, until a Certificate of Occupancy has been issued. A Certificate of Occupancy shall not be issued unless the structure is complete and complies with the City's zoning, building, and subdivision regulations. The zoning official shall maintain records of Certificates of Occupancy. Existing non-conforming uses shall be issued a Certificate of Occupancy, which will demonstrate that the non-conforming use existed prior to the passage of this ordinance and is therefore not an illegal use.
E. Interpretations.
In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this Ordinance to interfere or abrogate, or annul any easements, covenants, or other agreements between parties, except where this Ordinance imposes a greater restriction; then this Ordinance shall control.
F. Board of Adjustments.
A Board of Adjustments in hereby established in accordance with the provisions of Tex. Loc. Gov’t Code § 211.008, as amended, regarding the zoning of cities and with the powers and duties as provided in said Code. The said Board of Adjustment may, in appropriate cases, and subject to appropriate conditions and safeguards, make special exceptions to the terms of the Ordinance in harmony with its general purposes and intent, and in accordance with general or specific rules therein contained.
The Board of Adjustment shall consist of five members and two alternates, each to be appointed by the Mayor and confirmed by the City Council, for a term of two years and removable for cause by the appointed authority upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant for any cause, in the same manner as the original appointment was made. Three (3) members shall serve until January 1 of odd-numbered years, as heretofore appointed, and two (2) members, as heretofore appointed, shall serve until January I of even-numbered years, and thereafter each member reappointed for each new appointee shall serve for a full term of two (2) years unless removed as hereinabove provided. The City Council may also appoint two (2) alternate members of the board who shall serve in the absence of one or more of the regular members when requested to do so by the chairman of the Board, so that all cases to be heard by the Board will always be heard by a minimum number of four (4) members. These alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two (2) years, and any vacancy shall be filled in the same manner and they shall be subject to removal by the same means and under the same procedures as the regular members. All members of the Board of Adjustment must live within the City limits.
Where there is no Board, the City Council shall serve in its capacity.
The jurisdiction of the Board of Adjustment shall include the following:
Permit changes to the yard, parking, lot size, sign or other development standards when the following conditions are met: 1) the changes are necessary for the public welfare, 2) the literal enforcement of the terms of this ordinance create an unnecessary an significant hardship, of a type which is not self-imposed, and 3) where appropriate uses of surrounding property will not be adversely affected;
Permit the enlargement of extension of a non-conforming building, provided this does not prevent the property from becoming a conforming use within a reasonable time, and does not substantially injure the use of surrounding property.
G. Appeals.
Appeals from the ruling of the zoning official to the Board of Adjustment may be taken by any person aggrieved, or by any officer, department, board or bureau of the City. Such appeal shall be taken within a reasonable time as provided by the rules of the Board, by filing with the zoning official from whom the appeals is taken, and with the Board of Adjustment, a Notice of Appeal specifying the grounds thereof. The zoning official from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action of the appeal was taken. The Board of Adjustment shall have the following power:
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the zoning official in the enforcement of this Ordinance or any Ordinance pursuant thereto.
In exercising the above-mentioned powers, such Board may, in conformity to the provisions of this Ordinance, reverse or affirm wholly or partly, or may modify the order requirement, decision, or determination appealed from and may make such order requirement, decision, or determination that ought to be made and shall have all the powers of the zoning official form whom the appeal as taken. Any person, or persons, jointly or severally, aggrieved by any decision by the Board of Adjustment or any taxpayer or any officer, department, board or bureau 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, and specifying the grounds for the illegality. Such a petition shall be presented to the court within the timeframe required by Tex. Loc. Gov’t Code Ch. 211, as amended from time to time.
Procedure: Appeals may be taken to and before the Zoning Board of Adjustment by any person aggrieved, or by any officer, department, board or bureau in the city. Such appeal shall be made by filing in the office of the City Secretary a notice of appeal and specifying the grounds thereof. The office or department from which the appeal is taken shall forthwith transmit to the Board all of the papers constituting the record from which the action appealed was taken.
Stay of Proceedings: An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector shall certify to the Zoning Board of Adjustment that, by reason of facts in the certificate, a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted or by a court of equity, after notice to the office from whom the appeal was taken.
Notice of Hearing on Appeal: The Board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of such hearing to the petitioner and to the owners of property lying within two hundred (200) feet of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the Board to be affected thereby, such owners and persons being determined according to the current tax rolls of the City. Depositing of such written notice in the mail shall be deemed sufficient compliance therewith.
Decision by Board: The Board shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The Board may reverse or affirm wholly or partly or may modify the order, requirements, decision, or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer or department from whom the appeal is taken.
H. Variances.
The Board shall have the power to authorize upon appeal in specific cases such variances from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship and so that the spirit of this ordinance shall be observed and substantial justice done, including the following:
Permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of the provisions due to an irregular shape of the lot or topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare.
Authorize, upon appeal, whenever a property owner can show that a strict application of the terms of this ordinance relating to the construction or alteration of buildings or structures will impose upon him unusual and practical difficulties or particular hardship, such variances from the strict application of the terms of this ordinance as are in harmony with its own general purpose and intent, but only when the Board is satisfied that granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance from the Comprehensive Plan as established by this ordinance and at the same time, the surrounding property will be properly protected.
The Board shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirements, decision or determination made by the Building Inspector in the enforcement of this ordinance. Except as otherwise provided herein, the Board shall have, in addition, the following specific powers:
• To permit the erection and use of a building or the use of premises for railroads if such uses are in general conformance with the Master Plan and present no conflict or nuisance to adjacent properties.
• To permit a public utility or public service or structure in any district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety, or general welfare.
• To grant a permit for the extension of a use, height or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership on the effective date of this ordinance.
• To permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than fifty percent (50%) of its fair market value, where the Board finds some compelling necessity requiring a continuance of the nonconforming use.
• To waive or reduce the parking and loading requirements in any of the districts, when (i) the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities; or (ii) when such regulations would impose an unreasonable hardship upon the use of the lot. The Board shall not waive or reduce such requirements merely for the purpose of granting an advantage or a convenience.
A written application for variance shall be submitted together with the required fee, accompanied by an accurate legal description, maps, site plans, drawings and any necessary data, demonstrating:
a) that special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district;
b) that literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance;
c) that the special conditions and circun1stances do not result from the actions of the applicant;
d) that granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures or buildings in the same district; and
e) no nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.
I. Process, Procedures and Duties:
Hearings: The hearings of the Board shall be public. The Board shall hear the intervention of any owner of property adjacent to, in the rear of, or across the street from a lot as to which the granting of any permit is pending, and shall also hear any other parties in interest. All hearings are to be heard by at least four (4) members of the Board.
Meetings: Regular meetings of the Board shall be held at such times as the Board may determine. Special meetings of the Board shall be held at the call of the chairman or at the written request of two regular members of the Board, or city staff, and said request to be submitted to the Chairman.
Rules and Regulations: The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such vote, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the City Secretary and shall be public record. The Board shall act by resolution in which four (4) members must occur. The Board shall adopt from time to time such additional rules and regulations as it may deem necessary to carry into effect the provisions of the ordinance, and shall furnish a copy of the same to the Zoning Administrator and the Building Inspector, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and orders shall be in accordance therewith.
Powers and Duties of Board
Appeals Based on Error: The Board shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by an administrative official of the city of the enforcement of this ordinance.
Special Exceptions: The Board shall have the power to hear and decide special exceptions to the terms of this ordinance upon which the Board is required to pass as follows:
Permit the erection and use [of] a building or the use of premises for railroads if such uses are in general conformity with the Master Plan and present no conflict or nuisance to adjacent properties.
Permit a public utility or public service or structure in any district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety, or general welfare.
Grant a permit for the extension of a use, height, or area regulation into an adjoining district where the boundary line of the district divides a lot in a single ownership on the effective date of this ordinance.
Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than fifty percent (50%) of its fair market value, where the Board finds some compelling necessity requiring a continuance of the nonconforming use and primary purpose of continuing the nonconforming use is not to continue a monopoly.
Waive or reduce the parking and loading requirements of any of the districts, whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
Limitation on Reapplications: When the Board has denied a proposal, no new applications of similar nature shall be accepted by the Board or scheduled for twelve (12) months after the date of Board denial. Applications which have been withdrawn at or before the Board meeting may be resubmitted at any time for hearing before the Board.
Vote of Four Members Required: The concurring vote of four members of the Board is necessary to:
(a) reverse an order, requirement, decision or determination of an administrative official;
(b) decide in favor of an applicant on a matter on which the Board is required to pass; or
(c) authorize a variation from the terms of a zoning ordinance.
Changes
The Board shall have no authority to change any provisions of this ordinance and its jurisdiction is limited to hardship and borderline cases which may arise from time to time. The Board may not change the district designation of any land either to a more or less restrictive zone.
It is the intent of this ordinance that all questions of interpretation and enforcement shall be first presented to the administrative official, that such questions shall be presented to the Board only on appeal from the decision of the Building Official and that recourse from the decisions of the Zoning Board of Adjustment shall be to the courts as provided by the laws of the State of Texas.
(Ord. 2021-005, passed 10-26-2021)