Real Estate Center · 2015-08-11 · Real Estate Center Director Dr. R. Malcolm Richards The Real...

Real Estate Center

Director

Dr. R. Malcolm Richards

The Real Estate Center was created in 1971 by the Texas Legislature and placed at TexasA&M University.

The Center conducts a comprehensive program of research and education to meet the needsof many audiences, including the real estate industry, instructors and the general public.

A catalog describing hundreds of publications and computer programs is free for the asking.Write the Real Estate Center, Texas A&M University, College Station, Texas 77843-2115 ortelephone 1-800-244-2144. Timely real estate information also is available on the Internet athttp://recenter.tamu.edu.

Advisory Committee

Gloria Van Zandt, Arlington, chairman; Joseph A. Adame, Corpus Christi, vice chairman; CeliaGoode-Haddock, College Station; Carlos Madrid, Jr., San Antonio; Catherine Miller, Fort Worth;Kay Moore, Big Spring; Angela S. Myres, Houston; Jerry L. Schaffner, Lubbock; John P.Schneider, Jr., Austin; and Jay C. Brummett, Austin, ex-officio representing the Texas RealEstate Commission.

© 1999, Real Estate Center. All rights reserved.

Solutions Through Research

Contents

Summary ......................................................................................................................................... 1

Introduction .................................................................................................................................... 1

Zoning Basics ................................................................................................................................. 2

Zoning and the Internet ................................................................................................................. 4

Contact Information Provided ........................................................................................................ 4

Zoning Information Provided.......................................................................................................... 4

Zoning Ordinance Provided ........................................................................................................... 4

Dealing with Zoning Officials ....................................................................................................... 4

Use of Regulations and Development Standards .......................................................................... 5

Planned Developments ................................................................................................................ 10

Variances ...................................................................................................................................... 11

Specific-Use Permits .................................................................................................................... 13

Non-Conforming Uses ................................................................................................................. 14

Violations and Enforcement ......................................................................................................... 15

Amendment Process .................................................................................................................... 16

Notification Process ..................................................................................................................... 20

Time Line ..................................................................................................................................... 20

Fees ............................................................................................................................................... 20

Appendix A. Typical Requirements to Amend a Zoning Ordinance .......................................... 21

Appendix B. Sample Survey of Municipalities—Study of the Zoning Process in Texas ............. 27

Appendix C. Glossary ................................................................................................................... 33

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Summary

Introduction

Zoning is one of the most important legaltools used by local governments toencourage or prohibit certain types of

real estate developments. Zoning is a policepower device that allows for legislative divisionof space into districts and the imposition ofregulations prescribing type of use and inten-sity of use to which land within each desig-nated district may be placed.

Zoning attempts to improve the livingconditions in populated areas by preventingone landowner from damaging neighbors orthe community through the improper use ordevelopment of land. For example, a zoningordinance might prohibit someone fromplacing an automobile repair shop next door toa new home.

The same ordinance that protects propertyfrom what occurs next door also limits thedevelopment of property. This creates a conflictthat is resolved through the local politicalprocess.

According to a 1998 survey by the Real EstateCenter at Texas A&M University, 55 percent ofcity planners believe that their zoning ordi-nance is up to date and easy to understand.Twenty-six percent believe that their ordinanceis sometimes easy to understand. Nineteenpercent think their city’s zoning ordinance is

Zoning is used throughout the state of Texas. In today’s real estate environment,it is important to understand the regulation of land uses within municipalities.This study identifies common zoning questions and problems and illustrates howthese issues are normally addressed.

This study uses survey data on zoning ordinances in Texas cities throughout thestate. A survey developed by the Real Estate Center at Texas A&M University wassent to 50 Texas cities. Municipalities were selected based on their 1998 populationas estimated by the Texas Department of Economic Development. The 20 largestTexas cities were included (with the exception of Houston because of their lack ofzoning); 15 cities with a population between 50,000 and 100,000; and 15 cities witha population between 25,000 and 49,999.

Questionnaires were sent along with a request for a copy of their zoning ordi-nance (see sample survey in Appendix B). Of the largest cities, 35 percent re-sponded. Eleven cities with populations between 50,000 and 100,000 responded (73percent, and seven of the 20 cities with a population of more than 100,000 re-sponded (47 percent). The response rate to a request for a copy of the zoningordinances was 26 percent, or 13 of 50. The survey and zoning ordinances arereferred to throughout this guide.

outdated or not easy to understand by citizensand developers.

This guide explains the terms, proceduresand processes of Texas zoning. It provides abetter understanding of the process andenables citizens to read and understand azoning ordinance.

Real estate agents dealing with property on adaily basis should read this guide. In somecases, the potential buyer will want to changethe use of the property or add an addition tothe property. In these cases, it is helpful forlicensees to be able to explain to the client howthey would go about achieving those changes.

The average citizen may think they willnever come in contact with the zoning process.Quite the contrary. In some instances, a neigh-bor or business down the street may request torezone their property or apply for a special-usepermit. It is helpful for citizens to understandthe rezoning process and their role in thedecision-making process.

In other cases, a citizen may want to build agarage in the backyard or add a large frontporch. In these situations, contact with theplanning department may be required. Ahomeowner may wish to operate a businessand may need to know which businesses areallowed in a particular section of the community.

This guide is a helpful tool for propertyowners, citizens and members of the real estate

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community. Where specific answers areneeded, however, the local planning depart-ment should be contacted.

Zoning BasicsZoning can be difficult to understand. Here

are answers to frequently asked questions.

What is zoning?Zoning is the division of land into districts or

zones for the regulation of land uses anddevelopment standards.

Why is there zoning?Zoning was created to ensure the compatibil-

ity of land uses by minimizing conflicts be-tween uses and, therefore, protecting thehealth, safety and welfare of the communitywhile enhancing the urban environment.

For example, assume a beautiful home on ahalf-acre lot has just been built. Six monthsafter construction and move-in, the propertyowner next door decides to put in a restaurant.This means parking problems and late-nightnoise.

Without a zoning ordinance, there may benothing to prohibit the adjacent landownerfrom building the restaurant or a manufactur-ing facility, for that matter. Zoning works toprotect a home or business from incompatibleland uses. There are additional controls,including deed restrictions and nuisanceordinances, that can restrict land uses.

Where is Zoning?In cities, the zoning ordinance applies to all

areas within the city limits. As a city annexesland, that property then becomes zoned aswell. The extra-territorial jurisdiction (addedland) of the municipality is not subject tozoning regulations. There are no zoningrestrictions outside the city limits. Texascounties cannot pass zoning ordinances.

What is a zoning district?Zoning districts are established to promote

compatible patterns of land use within the citylimits. Zoning districts establish site develop-ment regulations appropriate to the purposesand the uses allowed in each district. Distinctzoning districts exist for residential, office, retailand industrial uses. Also see the glossary,Appendix C.

Who can help with zoning problems?The first question most people ask when

confronted with a city’s zoning ordinance is“whom do I contact at the city about this

matter?” The planning department is the bestplace to start because it normally has someonein charge of city zoning. In large cities, there isan entire department devoted to zoning. Insmaller cities, an individual who handleszoning matters may be part of the building orcommunity development department.

The planning department in most cities isresponsible for handling zoning questions,such as those related to development services,community development or building permits.In addition, the department that handles theplanning functions will have copies of thezoning ordinance and the zoning map. Thedepartment has the responsibility for imple-menting city zoning, even though final deci-sions on zoning changes are made by the citycouncil or planning and zoning commission.

What is the staff looking for in a request for azoning change?

The staff and members of the planning andzoning commission consider zoning changerequests. A number of areas are considered in aproposed change. General questions that theAmarillo planning staff answers on a requestfor a zoning change follow. Most cities usesimilar questions.Comprehensiveness

• Is the change requested contrary to theestablished land-use pattern?

• Will the change constitute the onlyexample of this zoning category in thevicinity?

• Will a zoning change alter the populationdensity and increase the demand placedon public facilities (sewers, streets, and soforth)?

• Will the proposed change be contrary tothe land-use relationship requirement ofthe city’s comprehensive plan?

Changed Conditions• Have the land-use conditions in the

immediate vicinity been subject tochange?

• Has development of the area beencontrary to existing regulations?

Public Welfare• Will the change have a negative influence

on living conditions in the neighborhood?• Will the change create or increase traffic

congestion?• Will the change reduce the light and air to

adjacent areas?

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• Will the change have a negative effect onproperty values?

• Will the change constitute a grant ofspecial privilege to an individual incontrast to the general welfare?

Reasonableness• Are there any reasons why the property

cannot be used in conformance with itspresent zoning?

• Is the zoning change being requested sothat the property owner may realize ahigher profit from resale than under itscurrent zoning classification?

Example: Single-Story Office to High-RiseOffice

Developer Jane has purchased a piece ofproperty that is just big enough for a new six-story office complex. The land was quite a deal.The office building can be seen from theinterstate highway and is next to a neighbor-hood where potential employees live. Theproperty is zoned Office 1 (O-1) for single-storyoffice buildings, so Jane submits a request tochange the zoning to Office 2 (O-2) for high-rise office buildings.

On the surface, this may seem like a reason-able rezoning request. But, there are problems.For example, the location is surrounded byresidential areas. The size of the structure isinappropriate for the area. A six-story officebuilding will allow workers to look into thebackyards of the residential neighbors.

The site is located on a collector street thatwas not designed to handle the traffic createdby a large office building. The comprehensiveplan calls for neighborhood services for thearea. A large office building would not fit underneighborhood services.

What would be an appropriate use of theproperty? The zoning of O-1 is for smalleroffice buildings. Uses may include professionaloffices, medical clinics and banks. The purposeof the O-1 zoning is to provide area residentsconvenient access to local services.

For these reasons, the planning staff is likelyto recommend denial of the proposed zoningchange.

What can Jane do now? She can choose tomake a presentation to the planning andzoning commission and the city council on whyshe believes her development is a compatibleuse for the area. If the city council denies therequest, Jane may choose to develop theproperty in accordance with the zoning ordi-nance and build a one-story office building.

Example: Home Office ConversionHomeowner Joe is an accountant. He cur-

rently has a small office in a strip center. Hishome is 50 years old and was, at the time ofpurchase, located on the corner of a quietneighborhood. Today, the street that runs onthe side of the house is a major arterial. Thestreet that his house fronts on is a busy collec-tor, and there is a stop light at the same corneras his home.

Joe decides that it would be cheaper for himto convert his home to an office than to leasespace in an retail center. He has acquired avacant lot next door to use for parking. Joesubmits a request to change the zoning fromsingle-family residential (R-1) to O-1.

A small office will not excessively increasetraffic on the already busy street. The locationat the corner of a busy intersection is notconducive to a single-family home. There is aservice station at one corner of the intersectionand a bank at another.

Although the property is being used inconformance with its present zoning, it isunlikely that the property would remain in useas a single-family home because of its age andlocation, if the current resident were to move.Many of his neighbors have had a difficult timeselling their properties because of the noisecreated by the busy street. In addition, twoneighbors operate home businesses. Joe hasspoken with his neighbors, and none of themoppose his request.

The planning staff is likely to recommendthat Joe request a zoning change to neighbor-hood service instead of O-1. Neighborhoodservice would allow his accounting office. Thenearby properties are currently zoned neigh-borhood service. This request would simply bean extension of the surrounding uses. Theplanning staff is likely to recommend approvalof this zoning request based on the area’schanging land-use patterns.

The zoning process can be complicated. Byunderstanding what the planning staff looksfor in a zoning change request, applicants canbe prepared to answer staff questions. It alsohelps the applicant to select an appropriatezoning district. In Joe’s case, the planning staffwas helpful in determining a more suitablezoning district under which he could operatehis business.

In many cases, meeting with the staff prior tosubmitting an application can be worthwhile.The planning staff sees hundreds of applica-tions and has a good understanding of whichapplications are the most likely to be approved

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by the planning and zoning commission andcity council.

The Internet also can be a helpful tool inunderstanding the planning process within aspecific community.

Zoning and the InternetThe Internet is quickly becoming an easy way

to obtain information about zoning in a par-ticular city. Cities are finding it useful toprovide information about whom to contact,the zoning process and their zoning ordinance.

Larger cities are more likely to provideInternet information. The following selectedTexas cities provide information on Web sites.

Contact Information ProvidedAmarillo—http://www.ci.amarillo.tx.us/

Departments/planning.htmArlington—http://www.ci.arlington.tx.us/

planning/index.htmlAustin—http://www.ci.austin.tx.us/develop-

ment/default.htmBryan—http://www.ci.bryan.tx.us/city.htmCollege Station—http://www.ci.college-

station.tx.us/cbook/develop.htmCorpus Christi—http://www.ci.corpus-

christi.tx.us/main.htmlDallas—http://www.ci.dallas.tx.us/html/

planning_development.htmlDenton—http://www.ci.denton.tx.us/planning/

index.htmlEl Paso—http://www.ci.el-paso.tx.us/direct.htmFort Worth—http://www.ci.fort-worth.tx.us/

fortworth/planning/Garland—http://www.ci.garland.tx.us/

cogplan.htmLaredo—http://www.cityoflaredo.com/Lufkin—http://www.ci.lufkin.tx.usMidland—http://www.basinlink.com/MID-

LAND/city.htmlNorth Richland Hills—http://www.ci.north-

richland-hills.tx.us/general/html/d_plan.htmOdessa—http://www.ci.odessa.tx.usPasadena—http://www.ci.pasadena.tx.us/

importantnos.htmRichardson—http://www.ci.richardson.tx.us/

cityhall/planning/planning.htmlSan Marcos—http://www.ld.centuryinter.net/

sanmarcostx/directln.html

Zoning Information Provided (mayinclude agendas, maps, minutes,schedules, the zoning process and soforth)Amarillo—http://www.ci.amarillo.tx.us/

Departments/planning.htm

Arlington—http://www.ci.arlington.tx.us/planning/index.html

Austin—http://www.ci.austin.tx.us/develop-ment/default.htm

Corpus Christi—http://www.ci.corpus-christi.tx.us/main.html

Denton—http://www.ci.denton.tx.us/planning/index.html

Irving—http://www.ci.irving.tx.us/CommDev/zoning.htm

Lubbock—http://planning.ci.lubbock.tx.us/North Richland Hills—http://www.ci.north-

richland-hills.tx.us/general/html/d_plan.htmOdessa—http://www.ci.odessa.tx.usPlano—http://www.ci.plano.tx.us/services.htmWaco—http://www.waco-texas.com/

Zoning Ordinance ProvidedAmarillo—http://www.ci.amarillo.tx.us/

Departments/planning.htmAustin—http://www.ci.austin.tx.us/develop-

ment/ldc1.htmCorpus Christi—http://www.ci.corpus-

christi.tx.us/main.htmlEl Paso—http://www.ci.el-paso.tx.us/index.htmFort Worth —http://ci.fort-worth.tx.us/

fortworth/csec/Irving—http://www.ci.irving.tx.us/CommDev/

zoning.htm

Dealing with Zoning OfficialsZoning is a process that may be influenced

by the political process, and emotions alsobecome involved. It becomes difficult to predictevents when emotions are involved. Thecitizen, developer, zoning official or politicianmay be unpredictable. Planners want to protectthe compatibility of land uses. Landowners anddevelopers want to protect their financialinterests. Politicians may have pressures fromconstituents.

Because zoning involves humans, it ofteninvolves compromises, and, in many cases,neither party gets what they originally wanted.

Every city operates differently. Some citiesmay strictly enforce the zoning ordinancewhile others may not. Some may grant vari-ances freely while a neighboring city may not.Each city staff has its own procedures andprocesses that are used to ensure compatibleland uses.

It is important not to underestimate thepower of citizens and neighborhood opposi-tion. Twenty-three percent of zoning cases thatwere denied in 1997 in responding Texas cities,were because of neighborhood opposition,according to the Real Estate Center survey.

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Yelling or threatening is rarely an appropri-ate way to deal with city staff. According to theCenter survey, the most effective means ofobtaining a zoning change is by meeting withthe planning staff to discuss the request andfollowing up with the staff throughout theprocess.

None of the responding communities pre-ferred to meet with an attorney or otherrepresentative of the developer. Some commu-nities added that meeting with the surround-ing property owners to help reduce oppositionalso is effective.

Some communities have pre-applicationmeetings with those persons who are inter-ested in developing a property to discusspotential problems before they arise.

In general, there are some simple rules tofollow. First, understand that members of theplanning staff are professionals who assistcitizens in developing properties in accordancewith regulations. Rely on their expertise andadvice.

Second, remember that future contacts withthis staff may be necessary, and it is best tocreate a positive relationship. This can be doneby acting in a professional manner. If there aredisagreements, discuss them with the staff in acalm manner.

Third, neighbors can be allies. If the zoningchange is going to be controversial, it is muchbetter to discuss the change with the neighborsbefore they talk to the planning and zoningcommission or city council. Work with theneighbors or surrounding businesses beforepresenting a zoning case. Even if no resolutioncan be reached, the needs and opinions of thesurrounding community will have beenconsidered.

Use of Regulations and DevelopmentStandards

In general, cities divide land into districtsbased on use. There are three primary types ofdistricts: residential, commercial and industrial.Each district is divided into more restrictivedistricts.

For example, North Richland Hills has 18districts. Garland has 21 districts. Arlington has16 normal zoning districts and eight special-purpose districts. Richardson has the mostzoning districts in the study with 28, andMcAllen the fewest with 11.

Zoning controls the use of property throughrestrictions and development standards. Userestrictions control the types of uses allowedwithin a designated area or district. Within the

zoning ordinance, a list of permitted uses isincluded. The following example is an agricul-tural district for McAllen.

Sec. 138-162. Permitted Uses.The uses permitted in the A-O agricul-tural and open-space districts are asfollows:(1) Farming, ranching, related activities

and accessory uses.(2) One single-family dwelling or one

mobile home on parcels of five acresor more.

(3) Maids’ quarters.(4) Portable buildings or storage build-

ings used as an accessory to theprimary use and not for livingquarters.

(5) Signs in accordance with applicableordinances.

McAllen does not use cumulative zoningwhich allows a use in one district to also beused in another. Normally it means that a lessintensive use is allowed in a more intensive-usedistrict. Thus, uses permitted in an A-O agricul-ture and open-space district also would beallowed in an R-1 single-family residentialdistrict. The city of College Station uses cumu-lative zoning. Here is an example from theCollege Station zoning ordinance.

7.7 District R-5 Apartment-Medium DensityA. PURPOSE: This district provides

land for development of apartmentand condominium units at mediumdensities. This district may serve as atransitional zone between residen-tial areas and non-residential areas.

B. PERMITTED USES:Single-family dwellings, built under

the zoning restrictions of DistrictR-1A.

Duplex dwelling units, built underthe zoning restrictions of DistrictR-2.

Townhouse dwelling units, builtunder the zoning restrictions ofDistrict R-3.

Apartment(s) and apartmentbuildings.

Convalescent homes.Home occupations.Dormitories.Parking lots associated with other

permitted uses in this district.Rooming and boarding houses.

Some cities allow cumulative zoning withintypes of zoning districts. In College Station,

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residential uses are cumulative. Commercialdistricts are cumulative but do not includeresidential uses. Amarillo is almost completelycumulative. Single-family homes are allowed inevery district, except industrial districts.

Cumulative zoning may be a surprise forcitizens. For example, in Amarillo, a subdivisioncould be built in an office district. It may be asurprise for residents when their new neigh-bors are mid-rise office buildings. This type ofzoning provides the most flexibility to theproperty owners, especially in the more intensezoning districts.

The second way that the use of land can becontrolled is through development standards.This applies standards or requirements to theimprovements or placement of the improve-ments on land. Development standards varyaccording to the zoning district. Developmentstandards can include height requirements,minimum area for rear and side yards and off-street parking regulations. The following is anexample of development requirements forLufkin’s R-L Residential Large Single-FamilyDwelling District.

Section 2. HEIGHT REGULATIONSNo building shall exceed two and one-half (2 ½) stories in height.

Section 3. AREA REGULATIONS1. Front Yard

(A) There shall be a front yardhaving a minimum depth of notless than twenty-five (25) feet,except as hereinafter providedin the Article on Exceptions andVariances.

(B) Where lots have double front-age, running through from onestreet to another, the requiredfront yard shall be provided onboth streets.

2. Side YardThere shall be two (2) side yardswith a width of not less than five (5)feet each. The side yard of cornerlots adjacent to a side street shall notbe less than ten (10) feet. The sideyard of corner lots having adjoiningstructures fronting on two adjacentproperty lines shall have a twenty-five (25) foot side yard.

3. Rear YardThere shall be a rear yard setbackline of fifteen (15) feet away fromand parallel to the rear lot lines ofeach lot or tract. The rear yard area

shall not have any part or portion ofthe main building or any detachedstructures as hereinafter defined,within it.Irrespective of the setback require-ments herein established, no morethan fifty (50) percent, of the area ofany lot shall be covered by a struc-ture as hereinafter defined.Except for corner, flag, and triangu-lar lots, all property lines that are notthe front line or connected to thefront lot line shall be considered arear property line. The determina-tion of what is a rear property lineon a corner, flag or triangular lotshall be determined by the buildingofficial.

4. Area of the LotThe minimum area of the lot shall beten thousand (10,000) square feet;however, a lot having an area of lessthan ten thousand (10,000) squarefeet that was of record prior topassage of this ordinance may beused for any use permitted in thisArticle.

5. Width of LotThe minimum width of the lot shallbe eighty (80) feet.

6. The above area regulations apply tothe “R-L” Residential Large Single-Family Dwelling District and do notapply to lots which may be of tenthousand (10,000) square feet orlarger in other districts.

7. Minimum Depth of LotThe minimum depth of the lot shallbe one hundred (100) feet.

8. Parking RegulationsOff-street parking spaces shall beprovided on the lot to accommodateone (1) motor car for each dwellingunit; however, no supportingmember of any garage, carport orother automobile storage structureshall be located within the requiredfront yard. Places of public assemblyshall provide off-street parking atthe ratio of one space for each fiveseats.

9. Area of DwellingTwelve hundred (1,200) square feetshall be the minimum living area ofthe dwelling.

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Office Zoning Districts Development StandardsCity of Amarillo Table

Source: City of Amarillo Zoning Ordinance

MIN. LOT SIZE & DIMENSIONS

SF- Detached 6,000 50 100 15 10 5 See 4-10-171b9

10 See 4-10-170b5&6

20 65 2 1

SF- Detached 2,000 20 100 15 10 none See 4-10-171b5

10 See 4-10-170b5&6 & 4-

10-171b520 65 2 1

2F- Duplex Unit 3,000 60 100 15 10 510 See 4-10-

170b5&6 20 65 2 1 1/2

Apts.- 1&2 Story 1,200 60 120 15 10 1515 See 4-10-

171b3 20 65 2 1 1/2

Non.-Res. Main Bldg. none none none 15

none See 4-10-172b2

10 See 4-10-171b8

10 See 4-10-171b8 none 50 2

See 4-10-211 2

SF- Detached 6,000 50 100 15 See 4-10-170b7

10 5 See 4-10-171b9

10 See 4-10-170b5&6

20 65 unlimited * 1

SF- Detached 2,000 20 100 15 See 4-10-170b7

10 none See 4-10-171b5

10 See 4-10-170b5&6 & 4-

10-171b520 65 unlimited * 1

2F- Duplex Unit 3,00060 See 4-10-

168c 10015 See 4-10-

170b7 10 510 See 4-10-

170b5&6 20 65 unlimited * 1 1/2

Apts.- 1,2& 3 Stories 1,200 60 120

15 See 4-10-170b7 10 15

15 See 4-10-171b3 20 65 3 1 1/2

Apts.- Over 3 Stories 600 60 120

15 See 4-10-170b7

See 4-10-172b4

15 See 4-10-171b2

15 See 4-10-171b2 20 65

unlimited * See 4-10-

171b2 & 4-10-1724

1 1/2

Non.-Res. Main Bldg. none none none

15 See 4-10-170b7

See 4-10-172b2

10 See 4-10-171b8

10 See 4-10-171b8 none 50 unlimited *

See 4-10-211 2

MINIMUM YARD SETBACKS (feet)

SIDE ON STREET

DEPTH (feet)

FRONT REAR INTERIOR

0-2 OFFICE

REQUIRED OFF-

STREET PARKING (spaces per

unit)

AREA (sq. ft)

WIDTH (feet)

0-1 OFFICE

ZONE TYPE USE SIDE/REAR GARAGE

ENTRANCE

MAX LOT COVERAGE

(percent)

MAXIMUM HEIGHT (stories)

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Some cities use a table as the form of theirdevelopment standards. Amarillo is a goodexample. The table summarizes the develop-ment standards for office zoning districts.Amarillo has cumulative zoning and, therefore,has the development standards for residentialas well as non-residential buildings.

Interpreting Development StandardsOrdinance

Joshua wants to develop an office building inan O-1 district but does not know what re-quirements he needs to meet. By looking at thetable, he discovers that there are no area, widthor depth requirements. He must provide a 15-foot front setback and setbacks of ten feet onthe sides of the building. He also discovers thathe is limited to a two-story building that covers50 percent of the property.

He also finds that this table does not tell himhow many parking spaces are needed. This isbecause the parking requirements are based onthe type of use, not the type of district. Theserequirements will be found in another portionof the ordinance. This ordinance does notprohibit Joshua from exceeding these require-ments. He may choose to provide all of thelandscaping in the front and provide a 40-footfront yard.

Lufkin places the development standardswithin each zoning district’s description.Amarillo uses a chart. Other cities group therequirements in a text format in one placewithin the ordinance. Because of their com-plexity, certain types of requirements often areplaced in a separate section of the zoningordinance. Harlingen does this for their off-street parking requirements. The following is apartial listing of Harlingen’s off-street parkingrequirements for non-residential uses.

2. PARKING SPACE SCHEDULE NON-RESIDENTIAL USES IN ALL NON-RESIDENTIAL USE DISTRICTS:(a) Assisted – Living Facility – Two (2)

spaces for each living unit;(b) Bars, Taverns, or Nightclubs – One

(1) space for each 100 square feet offloor area or one (1) for each twoseats provided, whichever is greater;

(c) Beauty Shop – One (1) space foreach 300 square feet of floor area;

(d) Bowling Alley – Six (6) spaces foreach lane;

(e) Churches – One (1) space for eachfour (4) seats in auditorium orsanctuary;

Interpreting Parking OrdinancesJanet is building a 100-unit assisted-living

facility. She must provide 200 parking spaces.Why so many? A large number of the residentswill only have one car, if they drive at all.However, this allocation provides parking foremployees and visitors. Senior care is labor-intensive, and employees and residents willshare the parking spaces. In this case, Janetmay decide to divide the parking spaces. Shecould place some in the rear of the develop-ment and reserve them for employees. She alsocan allocate some in the front of the complexfor visitors. As long as 200 parking spaces areprovided, Janet can allocate them as shewishes.

In this example, the parking requirementsvary depending on the use. There are a num-ber of other development standards used incities. Some of these standards are required aspart of the subdivision process. Landscapingrequirements are one example. North RichlandHills provides a detailed example. This city listsrecommended shrubs and trees and works on acredit system. In this system a one-inch calipertree is equivalent to 200 square feet of land-scaped area credits. A portion of these follow.

D. Landscape Plan Required. When anapplication is submitted for a buildingpermit on any site where these Land-scape Regulations are applicable, thebuilding permit application shall beaccompanied by a landscape plan. TheEnforcing Officer shall review thelandscape plan to determine compliancewith these landscape regulations. Theplan shall include sufficient informationto determine compliance with thissection, and shall as a minimum containthe following information:1. The date, scale, north arrow, title

and name of owner.2. A minimum scale of not less than

one-inch equals 20 feet.3. All existing and proposed buildings

and other structures, paved areas,planted areas, power poles, lightstandards, fire hydrants, signs,fences, sidewalks and other perma-nent features to be added and/orretained on the site.

4. The location and height of all treesto be preserved or retained.

5. The location of all plants and land-scaping material to be used includ-ing paving, benches, screens,

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fountains, statues or other landscapefeatures.

6. A delineation of the designatedlandscaped area.

7. A list of the species of all plantmaterial to be used.

8. A list of the size and height of allplant material to be used.

9. The spacing of the plant materialwhere appropriate.

10. The layout and description of anirrigation system.

11. The name, address, and telephonenumber of the person or firmresponsible for the preparation ofthe landscape plan.

B. Required Landscaped Area. Everyplatted lot, as required by this Section,shall provide a landscaped area equiva-lent to fifteen percent (15%) of the totalland area of the lot. With the exceptionof the R-7 MF District, at least one-halfof the required total landscaped areashall be located in the street yards. Allground surfaces not used for buildings,sidewalks, roadways or other imperme-able surfaces shall be covered with livegrass, turf, shrubbery, trees, groundcover, flowering plants or appropriatemulching.

C. Landscaping Credits. Credit for treesand shrubs is intended to encourage theenhancement of the lot through addi-tional landscaping elements. As analternative to the required fifteenpercent (15%) total landscaped area,landscape credits may be utilized toreduce the total amount of land areadedicated for landscaping purposes.However, in no instance shall the creditsreduce the total amount of landscapingon a lot to less than seven and one-halfpercent (7 ½%) of the total land area.Credits are allowed for existing or newlyplanted trees and shrubs, and only if thefeature is maintained as a permanentelement of the landscape plan.

All landscaped areas, including shrubsand trees which received landscapingcredits, shall be properly maintained. Ifany plant material dies, such materialshall be subject to replacement asspecified in Section 900, Subsection G.

Interpreting Landscape CreditsJohnny is going to be developing a retail strip

center on a 100,000-square-foot lot. He caneither provide the 15 percent of landscaping, orhe can decide to keep some of the large treesthat are on the lot already and add less addi-tional landscaping. This means that he wouldhave to provide 15,000 square feet of landscap-ing.

In this case, he needs additional space forparking and would rather keep some of theexisting landscaping. Johnny decides he canbuild the parking lot around the six largeexisting trees in the front of the yard. Thosetrees are worth 1,200 square feet each inlandscaping credit. This provides 7,200 of the15,000 square feet of points that he needs. Hecan now meet the minimum 7.5 percentrequirement by providing shrubs along thefrontage of the store on the two streets hisbusiness has access from. This allows Johnny toclear the site where the building will sit andprovide continuous parking on most of the restof the lot.

Signs tend to be one of the most importantrequirements for businesses. In many cases,owners would like as large a sign as possible.Cities normally limit the size of a sign based ona number of factors. Arlington provides anextensive explanation of their sign ordinance.Their sign size is based on the type of businessand the size of street on which it is located. Thefollowing is a small portion of the sign require-ments for a general business sign on an arterial.

Section 16-900. General Business Sign.A. Arterials:

1. Permitted constructionPole SignMaximum square footage – 35

square feetMaximum height – 20 feetSetback – 10 feet from the interior

side lot linesLighting – Internal or ExternalTime limit – None

Special Conditionsa. One general business pole sign is

permitted per lot if the lot hasmore than 100 feet of streetfrontage. Lots with less than 100feet of frontage are not permitteda general business pole sign.

b. Two general business signs, eachfor use by a separate tenant maybe substituted for (1) above on a

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lot with more than 399 feet ofstreet frontage along a singlestreet. For the purpose of thissection, a tenant is required to beseparated by all other tenants byfull-height demising walls, ormust be located in a separatebuilding, and shall be served byits own entrance. The minimumspacing between signs shall notbe less than 150 feet. No productline or tenant shall be displayedon more than one sign. The use ofthis special condition shall not bepermitted when a multi-tenantsign is located on the property;however, a ground sign comply-ing with the specific requirementsfor such signs may be permittedin lieu of a second pole sign.

Interpreting Sign OrdinancesJohnny put together his landscaping plan

and is now ready to think about signage for hisbusiness that will have multiple tenants. Hehas slightly more than 400 feet frontage on onearterial street.

He is permitted one general business polesign based on the street frontage and must setthe sign back ten feet from the side lot lines.The center has two access points from the frontof the shopping center. Johnny decides the bestplace to put the sign is in between theseentrances that are more than ten feet from theside lot lines.

The sign can be as much as 20 feet in heightwith a maximum of 35 square feet of signspace. He cannot add a second sign becausenone of the tenants will be in a separatebuilding. The strip center is one continuousbuilding.

Is there any way to negotiate theserequirements?

The answer may be yes. In some cases, aproperty owner may be able to rezone aproperty for a planned development andnegotiate these requirements. This concept isexplained more thoroughly in the next section.

Planned DevelopmentsA planned development is one that does not

follow the normal use requirements anddevelopment standards. In many cases, therequirements of a planned development arenegotiated between the staff and developer.Normally, a community will require a minimum

size to apply for rezoning to planned develop-ment. This typically is between three and fiveacres.

The purpose of the planned development isto encourage innovation by allowing mixed-uses that offer a greater variety in type, designand layout of buildings. To get property zonedas a planned development, it is normallyrequired that a site plan be submitted at thesame time as the application. The planneddevelopment may encompass a number ofitems. The following is an excerpt from theFrisco zoning ordinance.

33.3 PLANNED DEVELOPMENT REQUIRE-MENTS.A. Development requirements for each

PD District shall be set forth in theamending Ordinance granting thatPD District shall include, but maynot be limited to; uses, density, lotarea, lot width, lot depth, yarddepths and widths, building height,building elevations, coverage, floorarea ratio, parking, access, screening,landscaping, accessory buildings,signs, lighting, project phasing orscheduling, management associa-tions and other requirements as thecity council and planning andzoning commission may deemappropriate.

Planned developments have become popularin recent years. According to the Real EstateCenter survey, 32 percent of zoning applica-tions approved in 1997 were for planneddevelopments. Medium-sized cities saw themost frequent use of the planned developmentdistrict.

Example: Office Building to PlannedDevelopment District

Mary owns a large tract of land that is zonedfor O-1. She wants to develop the property as a20-acre office park with office buildings varyingin size from one to five stories. She also wouldlike to have a small amount of retail; primarilyconsisting of restaurants, and possibly a drycleaners, to serve the offices.

The zoning requirement for the O-1 districtshe is in limits her to two-and-a-half stories anddoes not allow retail. She believes that theproject would not be harmful because the tallerstructures would be in the innermost area ofthe complex. Because of the size and complex-ity of the project, it would make sense torezone the area to a planned developmentdistrict.

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City officials agree that an application for aplanned development district makes sense. Tothe north of the property is a highway, to theeast is another office park, the west fronts ontoan arterial street and to the south the propertyis zoned for apartments. She works with thecity planning department on the site plan andis able to negotiate for her five-story buildingalong with the other retail buildings.

In return, Mary agrees to provide a fencealong the south side of the property to screenthe office complex from the apartment zoning.She also agrees to provide additional landscap-ing along the arterial road.

The planning and zoning commission hearsher application, and it is approved. The applica-tion goes to the city council with a recommen-dation for approval. Once the application isapproved by the city council, Mary is free todevelop the property.

There are downsides to a planned develop-ment. Once the uses within the planneddevelopment are set, they cannot be changedwithout amending the zoning ordinance. Thismeans that if an office development ownerwants to lease space to a beauty shop, theordinance must be amended. Such changesinvolve time and expense, and there is noguarantee that the request will be approved.

What if a planned development is not needed,but an exception to the rule is sought?

There are cases where exceptions can bemade. The variance and specific use permit aretwo examples. These are discussed in detail inthe following two sections.

Variances

What is a variance?A variance is an exception to the restrictions

and regulations of the zoning ordinance.Variances allow owners of properties that arenot similar to other properties in the area somerelief from the restrictions of zoning ordinances.

Example: New Porch Fails Setback TestJerry recently purchased a home. The family

has decided to build an enclosed porch in theback yard. The lot is an odd shape and wouldnot meet the rear and side yard requirements.The porch would extend one foot into the sideyard requirement and three feet into the rearyard setback in one area.

In this case, because of the shape of the lot,Jerry would be unable to modify the home. Thesurrounding neighbors have rectangularshaped lots. A variance to the side and rear

yard requirements could be granted. Theintrusion to the setback is minimal, and thesurrounding neighbors should not be harmedby the variance.

Normally, variances are granted only if theproperty owner can demonstrate that a hard-ship exists. The hardship may not be self-created. For example, Jerry could not have soldten feet of his rear yard and then requested avariance because the lot was no longer deepenough to meet the rear yard requirements.

The characteristics of the property must beunique and not exist in more than a few otherproperties for the variance to be granted. InJerry’s case, it is unlikely that there are a largenumber of odd-shaped lots within the city. It isthe responsibility of the property owner toshow that the requirements or standards setforth in the ordinance will deprive the propertyowner of a reasonable use of the land and thatthe variance will be adequate to allow forreasonable use of the property. The impact onneighboring properties and the public is aconsideration.

The board of adjustment is the entity withinthe city responsible for granting variances. Anexample of the authority of the North RichlandHills board of adjustment follows. (Article 2“Amendments, Board of Adjustment andEnforcement”).

The Board of Adjustment, in specific cases,may authorize or order the following:1. Interpretation: To hear and decide

appeals where it is alleged there is erroron any order, requirement, decision, orinterpretation of the Zoning regulationsby the Building Official in the enforce-ment of this Ordinance or a zoningdistrict boundary. In reaching its deci-sion, the Board shall establish firmguidelines for future administrativeactions on like matters.

2. Permits for Nonconformities: To autho-rize a building permit for the reconstruc-tion, extension, or enlargement of abuilding occupied by non-conforminguses, on the lot or tract occupied by suchbuilding, provided such reconstructiondoes not prevent the potential return ofsuch property to a conforming use.

3. Discontinuance of nonconformities: Torequire discontinuance of non-conform-ing uses of land or structures under anyplan whereby the full value of thestructure and facilities can be amortizedwithin a definite period of time, taking

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into consideration the general characterof the neighborhood and the necessityof all property to conform to the regula-tions of this Ordinance. All actions todiscontinue a non-conforming use ofland or structure shall be taken with dueregard to the property rights of thepersons affected when considered in thelight of the public welfare and thecharacter of the area surrounding thedesignated non-conforming use and theconservation and preservation of theproperty. The Board shall, from time totime on its own motion or upon causepresented by interested propertyowners, inquire into the existence,continuation or maintenance of anynon-conforming use within the city.

4. Variances: To authorize upon appeal, inspecific cases, such variance from theterms of this Ordinance as will not becontrary to the public interest andwhere, because of special conditions, theenforcement of the Ordinance wouldresult in an unnecessary hardship.However, the Board shall not have thepower to grant variances from the termsof this Ordinance to grant a variance fora change in use not allowed in a district.In exercising its power to grant a vari-ance, the Board of Adjustment shallmake findings and show in its minutesthat:a) Literal enforcement of the controls

will create an unnecessary hardshipor practical difficulty in the develop-ment of the affected property.

b) The situation causing the hardshipor difficulty is neither self-imposednor generally affecting all or mostproperties in the same zoningdistrict.

c) The relief sought will not injure thepermitted uses of adjacent conform-ing property.

d) The granting of the variance will bein harmony with the spirit andpurposes of these regulations.

In some cases, the officials will notice a trendin the types of requested variances. A largenumber of a certain type may indicate thatthere is a need to modify the zoning ordinance.

Granting numerous variances may lead tospot zoning and the destruction of the purposeof the zoning ordinance. The property ownerneeds to understand the variance procedure

and whether the variance is likely to beapproved.

Harlingen provides a good description oftheir variance process. The description follows.

Zoning Board of Adjustments—What toExpectYou’ve just been told you need a variance orspecial exception to a city ordinance. Whatdo you do now?

The ProcessFirst, one of our staff members will sit downwith you and discuss your options for yourparticular problem. Explain the situation indetail, we are here to assist you.If we determine that you need to apply for avariance, you will get an application for ahearing with the Zoning Board of Adjust-ments (ZBA). There is a $50 non-refundablecharge to apply. You will be required toprovide copies of your latest tax receipts, acopy of the deed for the property in ques-tion and a site plan showing distancesbetween the structure, and street andproperty lines.Staff will mail a notice of application withthe time, date and location of the publicmeeting to be held on the subject. Thisnotice goes to all property owners within200 feet of the site in question and to thelocal newspaper. We will also post themeeting agenda as required by Texas LocalGovernment Code.Staff members will visit the site and studyother relevant information such as neighbor-ing land uses, traffic characteristics, utilityline capacities, special physical circum-stances, and planning and zoning principlesand laws, to determine a recommendationfor the board. An information package withthe executive summary of staff recommen-dation and other pertinent information(maps, a copy of the application, any corre-spondence relevant to the matter, etc.) isprovided to board members several daysprior to the meeting.Attend the ZBA meeting. Sometimes Boardmembers will have questions regarding therequest or will seek input from the applicant.You may want to consider bringing yourneighbors or any other support you mayhave. No one will be forced to speak, norwill they be denied the opportunity to speakduring the public hearing portion of themeeting. There will be Spanish interpreta-tion available upon request. The Chairman

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of the meeting will declare the publichearing closed once everyone who wishesto, has had the opportunity to speak. TheBoard members will then deliberate theircourse of action and take a vote. An applica-tion requires the consenting vote of at leastfour members of the Board in order to bepassed.Who is the ZBA and How Does it Work?The Zoning Board of Adjustments is a five-member board appointed by the CityCommission which hears and decidesappeals for variances to the zoning ordi-nance, special exceptions to ordinanceprovisions, and administrative review.There must be at least four memberspresent to make a quorum and allow apublic hearing to take place. It takes at leastfour affirmative votes to pass an item. Anyappeals to the decision of the ZBA would goto District Court.The ZBA meets once a month, on the firstWednesday of each month at 9:30 a.m. inCity Hall Townhall. Meeting agendas areposted at least 72 hours in advance of themeeting in the bulletin cases located in frontof City Hall at 118 E. Tyler Avenue,Harlingen, Texas 78550.If you have any questions throughout theprocess, feel free to call 956-427-8727. Weunderstand this may be a new situation foryou, and we are happy to help in any waywe can.

The majority of communities in the surveyresponded that there is an average amount ofdifficulty in obtaining a variance. By meetingwith the planning staff, it is possible to deter-mine whether a request for a variance is likelyto be approved or disapproved.

Specific-Use PermitsWhat are specific-use permits?

Specific-use permits allow special useswithin a zoning district with a permit. Someuses are never allowed by normal permit andrestricted to usage on a special-use permitbasis. Examples of uses that may require sucha permit include: public buildings, schools,day-care centers, churches and radio orcellular towers.

Harlingen provides an excellent articlesummarizing the specific-use permit (SUP)process. The portions that follow explain therequirements for an SUP.

Specific-Use Permit RequirementsYou’ve been told you need a Specific-UsePermit for what you want to do on yourproperty. How feasible is it and what isinvolved?The ProcessIf you determine you need to obtain aSpecific-Use Permit (SUP) to use yourproperty the way you desire, the first step isto sit down with one of our staff membersfrom the Planning & Development Depart-ment. Explain your situation in detail; theycan help you identify and examine variousoptions. While a staff member cannot tellyou for sure than an option will or will notwork, they can give their professionalopinion and reasons why or why not oneoption is more feasible than another.When you are ready to proceed with thepermit, you need to fill out an applicationfor Specific-Use Permit with the Planning &Zoning Commission (P&Z). There is a $65non-refundable charge that applies. Youwill also be required to provide a detailedsite plan, which may be hand drawn andcopies of your latest tax receipts.Staff members will mail a notice of applica-tion with the time, date and location of thepublic meeting to be held on the subject.This notice goes to all property ownerswithin 200 feet of the site in question and tothe local newspaper. We will also post themeeting agenda as required by Texas LocalGovernment Code.Staff members will visit the site and studyother relevant information such as neigh-boring land uses, traffic characteristics,utility line capacities, the ComprehensivePlan and planning and zoning principlesand laws, to determine a recommendationfor the board. An information package withthe executive summary of staff recommen-dation and other pertinent information(maps, a copy of the application, anycorrespondence relevant to the matter, etc.)is provided to board members several daysprior to the meeting.

Attend the Planning and Zoning Commis-sion meeting. Sometimes Board memberswill have questions regarding the rezoningrequest, or will seek input from the appli-cant. You may want to consider bringingyour neighbors or any other support youmay have. No one will be forced to speak,nor will they be denied the opportunity to

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speak during the public hearing portion ofthe meeting. There will be Spanish interpre-tation available upon request. The chairmanof the meeting will declare the publichearing closed once everyone who wishes tohas had the opportunity to speak. The Boardmembers will then deliberate their course ofaction and take a vote. An applicationrequires the consenting vote of a majority ofthe members of the Board in order to bepassed. The Chairman does not vote exceptto break a tie.If the P&Z passes a Specific-Use Permitrequest, it will go on for two readings at thefollowing two City Commission meetings.The first reading is generally one week afterapproval by the P&Z, and if the item isapproved on the first reading, the secondreading will be the next regular City Com-mission meeting. The entire process takesapproximately six to eight weeks to complete.Who is the P&Z Board and How Does itWork?The Planning & Zoning Commission is a six-member board that hears and decides arecommendation on rezoning cases andspecific use permits and approves landsubdivisions.There must be at least four members presentto constitute a quorum and allow a publichearing to take place. It takes a simplemajority of affirmative votes to pass an item.The chairman only votes in the event of atie.

Most cities have similar processes. The bestadvice is to meet with the city staff to discussthe case; they can guide citizens through theprocess. It is helpful to understand that ap-proval for a SUP can take anywhere from a fewweeks to two months.

What if a use does not conform to the currentzoning ordinance and is not eligible for avariance or a specific-use permit?

In some cases, the property’s current use wasin place before the zoning ordinance wascreated or before the property received itscurrent zoning. In these cases, the propertycould be considered a non-conforming use.

The non-conforming use is explained in thenext section. If the property is in violation ofthe zoning ordinance and is not a non-con-forming use, the current use should be discon-tinued or an application for rezoning submit-ted. The following sections discuss violations of

the zoning ordinance and the process ofrezoning a property.

When should someone ask for a variance or aspecial-use permit?

The property owner should request a vari-ance when changes to the property are desired,but, because of unusual property characteris-tics, the changes cannot be completed withouta variance. A special-use permit should berequested when the desired use of the prop-erty is not allowed within the existing zoningdistrict except by special use.

Non-Conforming UsesWhat is a non-conforming use?

A non-conforming use exists when anexisting property does not meet the newlyimposed regulations. The most frequentincidence of this occurs through annexation. Aservice station that was at one time on acountry road may be annexed into the city withthe property zoned agricultural uses. The gasstation is now a non-conforming use.

What happens if a property is non-conforming?Most cities allow the property to continue its

existing use. In some cases, officials mayspecify an amount of time until a use mustconform to the zoning ordinance. For example,Amarillo requires adult businesses that are inoperation at the time of annexation to conformto the zoning ordinance within three years.

When does a property lose its non-conformingstatus?

Normally, a non-conforming use loses itsstatus in several instances. If the use is discon-tinued for 12 consecutive months, the propertyloses its status. After that time, the use couldnot begin again.

The second instance where a non-conform-ing use loses its status is in the case of a fire. Ifthe fire destroys more than 50 percent of thestructure, the building cannot be rebuilt to itsoriginal non-conforming use.

Lufkin provides an example of a non-con-forming use ordinance. Some ordinances aremore detailed and explicit in the description ofwhen a use is non-conforming and describe thetime frame in which a use must conform.

Section 1. Any use of property existing at thetime of the passage of this ordinance thatdoes not conform with the regulationsprescribed in the preceding sections of thisordinance shall be deemed a nonconforming

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use, except that of any single-family, duplexor apartment use.

Violations and EnforcementCity officials have several options when it

comes to enforcing a zoning ordinance. Theycan choose to ignore the situation, or they cantry to get the violation stopped.

Twenty-five percent of survey respondentsreport that they send a letter to the violatorcalling on them to bring the property intocompliance within a specified number of days.Seven percent send an inspector to discuss theviolation with the property owner. In one case,the violator was called about the violation.

Many of the communities responding to thesurvey use a combination of methods. Mostsend a letter and an inspector out to theproperty. Prosecuting the violator is the lastresort. In one case, the violator was allowed todiscuss and or apply for a zoning change.Prosecution consists of filing a civil law suitagainst the violator.

Depending on the city, the person respon-sible for the enforcement of the zoning ordi-nance varies. Most are in the planning, buildingpermit, code enforcement or communitydevelopment department. Although, in somecases, the city secretary may be responsible forenforcing the ordinance.

Eighteen percent of the cities surveyedreported that the planning department is theprimary department responsible for zoningenforcement. In many cases, there are multipledepartments that are responsible for theenforcement of the zoning ordinance. Anexample of the enforcement section of the cityof Deer Park’s zoning ordinance follows.

Sec. 12.02. Enforcement [official].It shall be the duty of the buildingofficial to enforce this ordinance and torefuse to issue any permit for anybuilding or structure or the use of anypremises which would violate any of theprovisions hereof. Appeal from thedecision of the building official, may bemade to the board of adjustment asprovided herein.

Why would the planning department not beresponsible for enforcing the zoning ordinance?

In many cases, the city has a department ofcode enforcement that is specifically designedto enforce all of the city’s codes, including thezoning ordinance. In other cases, the buildingpermit office has inspectors who enforce thezoning ordinances as well as the building code.

The main reason a city would have thesedepartments handle zoning enforcement isbecause they have personnel that are out in thecity every day. In most cases, the city plannersspend the majority of their time in the office.In many cities, other departments can reportviolations of the zoning ordinance to theenforcing department.

How do they find out if a violation is occurring?In many cases, neighbors will report a

violation. Many times a neighbor will reportthat someone is operating a business out oftheir home or that a mobile home has beenmoved in. The planning staff catches otherzoning violations when they are out on theirpersonal time. For example, a violation to theparking requirement may be found when aplanner goes out to dinner and discovers thatthe restaurant has expanded their seating areawithout expanding their parking.

City officials cannot uncover every zoningviolation. Violations may occur in areas thatcity officials do not often visit. However, oncethe violation is spotted, there can be seriousconsequences. Fines for violating a zoningordinance can be severe. In the case ofRichardson, the fine may be as much as $2,000per day. Their ordinance follows.

ARTICLE XXVIII. PENALTY FORVIOLATION.Sec. 1. Maximum fine prescribed.

Any person or corporation who shallviolate any of the provisions of thisordinance or any amendment thereto, orfail to comply therewith or with any ofthe requirements thereof, or who shallbuild or alter any building or use inviolation of any detailed statement orplan submitted and approved hereun-der, shall be guilty of a misdemeanorand shall be liable to a fine of not morethan $2,000 and each day such violationshall be permitted to exist shall consti-tute a separate offense. The owner orowners of any building or premises orpart thereof where anything in violationof this ordinance shall be placed or shallexist, and any architect, builder, contrac-tor, agent, person, or corporationemployed in connection therewith andwho may have assisted in the commis-sion of any such violation shall be guiltyof a separate offense and, upon convic-tion, shall be fined as herein provided.

Deer Park adds the other enforcementoptions that are available.

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Sec. 12.01. Violation and penalty.Any person, firm or corporation whoshall violate any of the provisions of thisordinance or who shall violate or fail tocomply with any order or regulationmade thereunder, or who shall build inviolation of any detailed statement ofspecification or plans submitted andapproved thereunder, or any certificateor permit issued thereunder, shall, foreach and every violation and noncom-pliance respectively be deemed guilty ofa misdemeanor, and upon convictiontherefore shall be fined any sum not lessthan twenty-five dollars ($25.00) normore than two thousand dollars ($2,000)and each and every day that suchviolation or noncompliance shall existshall be deemed a separate offense.But in case any person, firm or corpora-tion violates any of the provisions of thisordinance or the general law or fails tocomply therewith, the City of Deer Park,in addition to imposing the penaltiesabove provided, may institute anyappropriate action or proceedings incourt to prevent, restrain, correct orabate, any illegal act, conduct, businessor use, in or about land; and the defini-tion of any violation of the terms of thisordinance as a misdemeanor, shall notpreclude the City of Deer Park frominvoking the civil remedies given it bylaw in such cases, but same shall becumulative of and in addition to thepenalties prescribed for such violation.

Citizens also have the right to bring civilaction against a violator of these ordinances.

To prevent fines, the property owner shouldattempt to rezone the property so that itconforms with the current zoning ordinance.This process is discussed in the followingsection.

Amendment ProcessWhen is a change to the zoning ordinancenecessary?

In certain cases, a use may not be definedwithin the city’s zoning ordinance. This mayespecially be the case in smaller communities.The city is normally the agent to change thetext of the zoning ordinance. The staff respon-sible for zoning will present to the planningand zoning commission the reason for a changeor addition of a use to the zoning ordinance.

For example, today many cities choose to addcellular towers as a use in their zoning ordi-nance. Others choose to interpret cellulartowers under an existing use.

It is possible to have the creation of a specialzoning district that may not be used in othercities. For example, Richardson has a technicaloffice district. The uses allowed within thisdistrict are restricted to research facilities,offices and manufacturing facilities for elec-tronics, communication and precision scientificand technical equipment. This district is morespecific than most office or industrial districtsand combines some of the uses found inconventional districts.

The process to amend the zoning ordinancemay vary slightly from city to city. Deer Parkprovides a typical example in the process usedto amend their zoning ordinance.

ARTICLE XIII.AMENDMENT.Sec. 13.0. General.

Reserved.Sec. 13.01. Application for amendment.

13.11. Who may initiate action: Amend-ments may be initiated by the citycouncil, planning and zoning commis-sion or by an application of one or moreproperty owners.13.12. Accompanying data: An applica-tion for an amendment by the propertyowner shall be filed with the planningand zoning commission upon suchforms and accompanied by such dataand information as may be prescribedfor the purpose by the planning andzoning commission. When applicable, anaccurate legal description and map ofthe land and existing building shall besubmitted with the application. It shallbe the responsibility of the applicant toindicate any applicable deed restrictionsapplying to subject property (Ord. No.1715 VIII, 3-20-84).13.13. Application fee: Each applicationby a property owner or their designatedagents shall be accompanied at the timeof filing by a two hundred dollar ($200)fee (Ord. No. 1830 10, 11-19-85).Wherever the entire application foralteration or change hereunder iswithdrawn before publication of noticeis ordered to be given of the hearingbefore the city council, the unusedportion of the application fee paid shallbe refunded to the applicant.

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Sec. 13.02. Attendance at hearings.Each application for amendment by aproperty owner must contain the nameof the owner’s designated agent orattorney if the owner is to be representedby some other person. The owner, hisdesignated agent or attorney shallattend all public hearings which arerequired by this article (Ord. No 1830 7,11-19-85).

Sec. 13.03. Hearing and notice; planning andzoning commission.

Upon filing of an application for rezon-ing or upon the initiating of procedurefor an amendment the planning andzoning commission shall hold a publichearing theron as provided for herein.

13.031. Notice of public hearing: Noticeof the time, place and purpose of apublic hearing before the planning andzoning commission shall be given byUnited States mail and by publication inthe official city newspaper, at least ten(10) days prior to the date of saidhearing and if the amendment proposedchanges the classification of any prop-erty, notice shall also be sent to applicantand to the owners of property any partof which lies with a radius of twohundred (200) feet of the propertyproposed for rezoning or reclassification.For this purpose the tax records of theCity of Deer Park shall be used. Whereall property within the two hundred-feet distance is under the same owner-ship as the property proposed to berezoned or reclassified, the owners of allproperty adjoining said property in thesame ownership shall be notified (Ord.No. 1715 IX, 3-20-84).

Sec. 13.04. Action by planning and zoningcommission.

At the conclusion of any public hearing,the planning and zoning commissionshall submit a report and recommenda-tion on such proposed amendment ofthe city council.

Sec. 13.05. Action by the city council.13.051. Action on planning and zoningcommission recommendation: Afterreceipt of a copy of any report andrecommendation on any application oramendment, the city council and theplanning and zoning commission shallhold a joint public hearing thereon.

Notice of said public hearing shall begiven by: (1) one publication in a news-paper of general circulation in the Cityof Deer Park, not less than fifteen (15)days prior to the time fixed for suchhearing; and (2) at least fifteen (15) daysbefore said hearing; and if the amend-ment proposed changes the classificationof any property, notices are also to besent by United States mail to applicantand to the owners of property any partof which lies within a radius of twohundred (200) feet of the propertyproposed for rezoning or reclassification.For this purpose the tax records of theCity of Deer Park shall be used. Whereall property within the two hundred-foot distance is under the same owner-ship as the property to be rezoned orreclassified, the owners of all propertyadjoining said property in the sameownership shall also be notified. At theconclusion of the joint public hearing,the planning and zoning commissionmay submit another report and recom-mendation on such proposed amend-ment to the city council. (Ord. No. 1715IX, 3-20-84; Ord. No. 1830, 8, 11-19=85)13.052. Protest. If a protest is madeagainst proposed change in this ordi-nance signed by the owners of twenty(20) percent or more of either the areaincluded in such proposed change, orthose immediately adjacent in the rearthereof extending two hundred (200)feet therefrom, or of those directlyopposite thereof extending two hundred(200) feet from the street frontage ofsuch opposite lots, such amendmentshall not become effective except by thefavorable vote of three-fourths (3/4) ofall of the members of the city council.13.06. Reapplication. No amendment, orrepeal of any section of this ordinancewhich has been disapproved by the citycouncil, shall be considered either by thecity council or the planning and zoningcommission on a petition by an appli-cant before the expiration of one yearfrom the date of the final action by thecity council.

To change the text of the zoning ordinance orthe zoning map, a request must be submitted.This is the most direct way to change thezoning on a property. The procedure forgetting an amendment varies depending on

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whether it is to the map or to the text. Oncepassed, the amendment is part of the zoningordinance. Amendments can be initiated byanyone, including citizens, property owners,planners or the city council. Most map amend-ments are proposed by property owners.

When the text of a zoning ordinance isamended, it means that the actual zoningordinance is changed. This could mean addinga use to an existing zoning district or thecreation of a new zoning district.

Example: Coffee Shop in Apartment ZoningDistrict

James wants to open a small coffee shop toserve nearby apartments. He wants to havecoffee shops added to the list of acceptable usesin the apartment zoning district. He ap-proaches the city staff and submits an applica-tion to amend the text of the zoning ordinance.

When the map of the zoning ordinance isamended, it does not change the wording ofthe text. It changes the boundary lines that areon the map. In some cases, it may be difficult toamend the map; in other cases, it may not.Example: Amending the Zoning Map

Once the city annexes land, it normally givesit an agriculture or interim zoning districtclassification. Joe owns a tract of land in thisdistrict that he would like to develop as asubdivision. In this case, the land-use plan isresidential, but the property is still zoned foragriculture; therefore, a zoning change may berelatively easy. Joe would need to submit anapplication to have the map amended.

The process to amend the text or map of azoning ordinance varies with the city. Adiagram of the procedure follows. Normally,the person who wants the amendment mustsubmit an application and a filing fee. The citystaff writes a report based on the application.The planning and zoning commission reviewsthe amendment. The commission makes arecommendation to the city council. The citycouncil or city commission votes on the amend-ment to the text or map.

Public hearings must be held, and notifica-tion of the hearing must be completed before

any action can be taken on the amendment.These hearings are usually held by the citycouncil and the planning and zoning commission.

At the public hearing, if there is no opposi-tion to the amendment by citizens and theplanning commission has given a favorablerecommendation to the city council, theamendment normally will be added to the textor map.

If property owners protest the amendment tothe zoning ordinance, the city council mustvote in favor by three-quarters rather than by amere majority. An example of College Station’srequirements for protests follows.

17.6. EFFECT OF PROTEST TO PROPOSEDAMENDMENT.

In case a protest against any proposedamendment to this ordinance is pre-sented in writing to the City Secretaryprior to the public hearing thereon dulysigned by the owners of twenty percent(20%) or more, either of the area of lotsincluded in such proposed change, or ofthe lots or land immediately adjoiningthe same and extending two hundred(200) feet there from, such amendmentsshall not become effective except by thefavorable vote of three-quarters (3/4) ofall members of the council.

Once the amendment has been passed, itshould be read carefully to ensure changes areunderstood. In many cases, the changing of afew words or a percentage can be significant. Itis important to make sure the most recent andcorrect zoning ordinance is being used and thatall of the amendments are in the ordinance.

In some cities, the zoning ordinance may bechanged frequently; in others it may stay thesame for several years. When obtaining a copyof the zoning ordinance, it is a good idea to askabout any proposed or pending changes.

An example of a typical amendment processcan be found in Appendix A. The followingsections discuss time and costs associated withthe rezoning process as well as the notificationrequirements.

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Amendment Process

If no - Stop

If yes, meet with the neighborsor groups interested in therequest to try to resolve anydifferences.

If no, file a written request forthe application to be heard bythe city council.

If no, an application torezone the property may notbe submitted within a certainnumber of days as prescribedby the city.The property has now been rezoned.

Meet with planning staff to determine if rezoning theproperty is needed.

If yes, submit an application for rezoning, along with afee and, if necessary, the latest copies of tax receipts.

City staff will now mail a notice of application withthe time, date and location of the public meeting to beheld regarding the rezoning. In addition, they will alsosubmit notice to the local newspaper.

Staff will visit the site and study neighboring land uses,traffic characteristics, etc. The staff will prepare areport to be submitted to the planning and zoningcommission.

Will there be any opposition to the request for rezoning?

Attend the planning and zoning commission meeting.Be prepared to answer any questions about the requestand bring any supporters that you may have.

Was the rezoning approved by the planning and zoningcommission?

The request for rezoning will be considered by the citycouncil and either approved or disapproved.

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Notification ProcessA notification process must be met before a

public hearing is held. Normally, a city willplace an ad in the local newspaper a specifiednumber of days in advance so that the publicwill know of the time and date of the hearing.This provides the public a chance to expresstheir opposition or support for the zoningchange.

In addition, some ordinances require that theproperty owners within a certain distance ofthe property that will be affected by the changebe notified individually and in writing beforethe hearing. In some cities, signs are posted onthe affected property to let passers-by knowabout the upcoming public meeting. Thefollowing is a section of an ordinance describ-ing an example of the public hearing require-ments in Bryan.

30.4. Prior to making its report to the CityCouncil regarding a proposed zoningchange, the Planning and ZoningCommission shall hold at least onepublic hearing on each application.Written notice of all public hearings onproposed changes in district boundariesshall be sent to all owners of property, orto the person rendering the same forCity taxes, located within the area ofapplication and within two hundred feet(200’) of any property affected thereby,within not less than ten (10) days beforesuch hearing is held. Such notice may beserved by using the last known addressas listed on the latest approved tax rolland depositing the notice, postage paid,in the United States mail. Although apublic hearing must be held by theCommission to consider amendments tothe text of this ordinance which do notchange zoning district boundaries,published notice or written notificationto individual property owners is notrequired prior to such a hearing.

Time LineThe time it takes to amend the zoning

ordinance, receive a special use permit or avariance varies from city to city. Normally, sixto ten weeks are required from the submissionof the application to the approval by the citycouncil.

There are several reasons an application maytake longer. If an application is submitted afterthe notification deadlines for the next publicmeeting, the application will not be heard untila later meeting. If the number of cases on anagenda is long, the staff may not be able toschedule the case until a later date.

The complexity of the case is the biggestreason that it may take longer. The morecomplex the case, the more time it takes for theproperty owner and the staff to address all ofthe issues.

If an application for rezoning has beendenied by the planning and zoning commissionor the city council, a new rezoning applicationfor the same property may not be submittedfor a set period (from the time of the finaldenial). This period varies between a fewmonths to a year.

FeesFees vary. Some cities charge based on the

type of zoning requested. For example, Ama-rillo charges $175 for a straight rezoning and$325 for a planned development.

Arlington was the most expensive fee in thecommunities studied. That city charges $1,000plus $50 an acre for non-residential rezonings.The least expensive zoning fee was inHarlingen—$125 for a rezoning. In most cases,a request for a SUP will be priced differentlyfrom any other rezoning.

These fees are used to assist in reimbursingthe planners for the staff time spent on review-ing the application and to pay for the newspa-per ad that is required for public notificationpurposes.

499-450-1294

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Appendix A

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The city of Carrollton provides a goodexample of the amendment process. Thisexample clearly explains what happens at eachphase.

ARTICLE XXXI. CHANGES ANDAMENDMENTSSECTION A. GENERAL.The regulations, restrictions and boundariesset forth in this ordinance may from time totime be amended, supplemented, changed,modified or repealed by ordinance adoptedby the city council provided, however, thatno such action may be taken until:1. Application has been made and duly

filed by the property owner or autho-rized agent upon the forms prescribedby the city of Carrollton, the filing fee asprescribed from time to time by the citycouncil has been paid, and such applica-tion has been submitted to the planningdepartment; or a proposed amendmenthas been initiated by action of theplanning and zoning commission or thecity council; and,

2. The proposal or application has beenrefereed to the planning and zoningcommission for notice and publichearing, and its recommendation madeto the city council; and,

3. Notice has been given and a publichearing has been held in relation to suchproposal before the city council, atwhich time parties in interest andcitizens have had an opportunity to beheard.

SECTION B. HEARING BEFORE THEPLANNING AND ZONING COMMISSION.1. ZONING MAP CHANGES:

When any such amendment or changerelates to a change in classification orboundary of a zoning district, suchamendment or change shall be inaccordance with the following:

a. PUBLIC HEARING NOTICE:Before acting upon any applicationfor amendment to the OfficialZoning Amp, the Planning andZoning Commission shall hold apublic hearing. Notice of suchhearing shall be published at leastone (1) time in a newspaper ofgeneral circulation within the city ofCarrollton not less than ten (10) days

prior to the public hearing. Suchnotice shall state the time and placeof the public hearing and the natureof the change to be considered.

b. NOTIFICATION SIGNS REQUIRED:Notification signs shall be placedupon the property subject to aproposed amendment or change.Such signs shall be placed along allof the property’s street frontage soas to be clearly visible from thestreet. If a property does not have astreet frontage, then such signs shallbe placed up the closest availableright-of-way and upon the property(Ord. No. 1844, 11/03/92).One (1) sign shall be erected for eachincrement of three hundred (300)feet of each street frontage of saidproperty, or any part thereof, exceptthat no applicant is required to erectmore than twenty (20) notificationsigns on the property, regardless ofthe total amount of street frontage.If the property is limited to twenty(20) signs, and the total amount ofstreet frontage exceeds six thousand(6,000) feet, the placement of saidsigns shall be determined by theDirector of Planning. Such signsshall be placed in a manner toensure maximum feasible visibilityfrom such street frontage.Said signs shall be erected not lessthan ten (10) days before the dateset for public hearing before thePlanning and Zoning Commissionand shall remain erected until thepublic hearing at which a finalrecommendation of the Planningand Zoning Commission has beenmade (Ord. No. 1582, 10/03/89).

c. ERECTION OF SIGNS:In the event the applicant fails toerect and maintain said signs inaccordance with the provisions ofparagraph (1) (b) above, then thepublic hearing before the Planningand Zoning Commission may bepostponed to a date in the future soas to allow time for compliance. ThePlanning and Zoning Commissionshall make a determination, basedupon evidence presented at the

Typical Requirements to Amend the Zoning Ordinance

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public hearing, as to whether theintent of this ordinance has beenmet and the applicant has made agood-faith effort to erect andmaintain the signs (Ord. No. 1844,11/03/92).

d. WRITTEN NOTICE:Notice of the public hearing beforethe Planning and Zoning Commis-sion shall be sent to all owners ofreal property lying within twohundred (200) feet of the propertyon which the change is requested orproposed. The notice of publichearing shall be given to eachtaxpayer as the ownership appearson the last approved city tax roll bydepositing such notice, properlyaddressed and postage paid, in theUnited States Post Office not lessthan ten (10) days before the dateset for a public hearing before thePlanning and Zoning Commission.

2. ZONING TEXT CHANGES:When any such amendment relates to achange of a zoning regulation or to thetext of this ordinance not affectingspecific property, notice of publichearing of the Planning and ZoningCommission shall be given by publica-tion in a newspaper of general circula-tion in the city of Carrollton without thenecessity of notifying property ownersby mail. Such notice shall state the timeand place of such hearing and the natureof the subject to be considered. Suchnotice shall be published not less thanten (10) days prior to the public hearing.

3. PETITIONS FOR REZONING ORSPECIAL USE PERMITS:The same procedure for notifyingadjacent property owners established insection B(1) of this Article shall befollowed by the Planning and ZoningCommission for hearings on rezoningpetitions and for Special-Use Permitapplications, unless otherwise provided.

4. REQUEST FOR CONTINUANCE:Any hearing may be continued for goodcause at the request of the applicant, orat the discretion of the Planning andZoning Commission duly noted inwriting in its minutes. In the event thatany hearing is continued or recessed, ora matter tabled for any reason otherthan lack of proper notice, further notice

to surrounding property owners shallnot be required provided that suchcontinuation date and time shall be setat that meeting.

5. RECOMMENDATION REQUIRED:Upon the final hearing of such applica-tion, the Planning and Zoning Commis-sion shall recommend approval or denialof the same and a report of such actionshall be made by the Commission to theCity Council.

SECTION C. HEARING BEFORE THE CITYCOUNCIL.1. ZONING MAP CHANGES:

When any such amendment or changerelates to a change in classification orboundary of a zoning district, suchamendment or change shall be inaccordance with the following:e. PUBLIC HEARING NOTICE:

Before acting upon any applicationfor amendment to the OfficialZoning Map, the City Council shallhold a public hearing. Notice of suchhearing shall be published at leastone (1) time in a newspaper ofgeneral circulation within the city ofCarrollton not less than fifteen (15)days prior to the public hearing.Such notice shall state the time andplace of the public hearing and thenature of the change to be consid-ered.

f. NOTIFICATION SIGNSREQUIRED:Signs shall also be erected not lessthan fifteen (15) days before thepublic hearing before the CityCouncil and remain erected until afinal determination as to the applica-tion is made by the Council. Suchsigns shall meet the same require-ments as those required for hearingsbefore the Planning and ZoningCommission, as prescribed inSection B(1) of this Article.

g. ERECTION OF SIGNS:In the event the application fails toerect and maintain said signs inaccordance with the provisions ofparagraph (1) (b) above, then thepublic hearing before the CityCouncil may be postponed to a datein the future so as to allow time forcompliance. The City Council shallmake a determination, based upon

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evidence presented at the publichearing, as to whether the intent ofthis ordinance has been met and theapplicant has made a good faitheffort to erect and maintain the signs(Ord. No. 1844, 11/03/92).

h. WRITTEN NOTICE:Notice of the public hearing beforethe City Council shall be sent to allowners of real property lying withintwo hundred (200) feet of theproperty on which the change isrequested or proposed. The notice ofpublic hearing shall be given to eachtaxpayer as the ownership appearson the last approved city tax roll bydepositing such notice, properlyaddressed and postage paid, in theUnited States Post Office, not lessthan fifteen (15) days before thedate set for a public hearing beforethe Planning and Zoning Commis-sion.

2. ZONING TEXT CHANGES:When any such amendment relates to achange of a zoning regulation or to thetext of this ordinance not affectingspecific property, notice of publichearing of the City Council shall begiven by publication in a newspaper ofgeneral circulation in the city ofCarrollton without the necessity ofnotifying property owners by mail. Suchnotice shall state the time and place ofsuch hearing and the nature of thesubject to be considered. Such noticeshall be published not less than fifteen(15) days prior to the public hearing.

3. PETITIONS FOR REZONING ORSPECIAL USE PERMITS:The same procedure for notifyingadjacent property owners established insection C(1) of this Article shall befollowed by the City Council for hear-ings on rezoning petitions and forSpecial Use Permit applications, unlessotherwise provided.

4. REQUEST FOR CONTINUANCE:Any hearing may be continued for goodcause at the request of the applicant, orat the discretion of the City Council dulynoted in writing in its minutes. In theevent that any hearing is continued orrecessed, or a matter tabled for anyreason other than lack of proper notice,further notice to surrounding property

owners shall not be required providedthat such continuation date and timeshall be set at that meeting.

5. COMMISSION OR COUNCIL-INITI-ATED CHANGES:Recommendations for revision oramendment of this ordinance, includingthe Official Zoning Map, may be madeby the Planning and Zoning Commis-sion upon its own motion, for finaldetermination by the City Council.Likewise, the City Council may revise,modify or amend this ordinance, includ-ing the Official Zoning Map, upon itsown motion provided, however, thatsuch proposed changes shall first besubmitted to the Planning and ZoningCommission for its recommendation andreport. In either case, final actionthereon shall be taken only upon noticeand hearing as provided herein.

6. WRITTEN PROTEST/RECOMMENDA-TION OF DENIAL:In the case of a written protest againstsuch change, signed by the owners oftwenty (20) percent of more either of thearea of land included in such proposedchange, or of the area of the landimmediately adjoining the same andextending two hundred (200) feettherefrom, or to overrule a recommen-dation of denial of such change by thePlanning and Zoning Commission, suchchange shall not become effective exceptby the favorable vote of three-fourths (3/4) of all members of the City Council.

7. INTERIM ZONING:The requirement of a three-fourths (3/4)vote by the City Council to overrule arecommendation of denial by thePlanning and Zoning Commission willnot apply to zoning requests of land thatwas classified as an interim zone at thetime of annexation. A simple majoritycan approve such request provided allother provisions of this ordinance havebeen met.

8. DENIAL WITH PREJUDICE:The City Council shall, unless otherwisestated in the motion, make all denials ofzoning changes with prejudice. If therequest is denied with prejudice, noadditional application shall be acceptedwhich involves all or any part of thesame property within a period of twelve(12) months, except:

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a. At the request of the City Council;b. Upon written request by the appli-

cant the City Council may waive thetwelve (12) month waiting periodand permit a new application to befiled. Such request for waiver maybe set for a public hearing if requiredby a majority vote of the CityCouncil; or

c. Where the property involved istemporarily classified to the (IH)Interim Holding District.

9. REQUEST FOR HEARING BEFORECOUNCIL:A request that has received a recommen-dation of denial by the Planning andZoning Commission shall not be sched-uled for hearing before the City Councilunless:a. The City Council requests such

hearing; orb. Upon written request by the appli-

cant submitted to the PlanningDepartment within ten (10) days ofthe Planning and Zoning Commis-sion public hearing where suchrecommendation for denial wasmade.

10. JOINT HEARINGS:The City Council may hold a publichearing, after publishing the requirednotice, jointly and with any publichearing required to be held by thePlanning and Zoning Commission.However, the City Council shall not takeaction unless and until it has received afinal report from the Planning andZoning Commission.

11. CONSIDERATION OF ALTERNATIVESTANDARDS:Where this ordinance authorizes CityCouncil approval of alternatives to theminimum standards contained herein,such as alternative material in lieu of thebrick or screening requirements, suchconsideration shall be processed in thesame manner as prescribed by thisArticle for a change to the zoning map.The erection of notification signs,however, shall not be required.

In the event the City Council approves analternative material concept(s), the use of suchmaterial or concept shall become valid uponpassage of a resolution to that effect by CityCouncil. Such approval shall be applicable onlyto the site specifically, upon which the alterna-tive was considered (Ord. No. 1641, 07/17/90).

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Appendix B

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Real Estate Center at Texas A&M UniversitySurvey of Municipalities—Study of the Zoning Process in Texas

1) Does your city have a comprehensive plan for the city’s growth?a) Yesb) Noc) Don’t Know

2) If the answer to #1 is yes, when was the last time your comprehensive plan was updated?a) Less than 2 yearsb) 2 to 5 yearsc) More than 5 yearsd) Don’t know

3) Does your city have a zoning ordinance?a) Yesb) No (If answer is no, skip to question 18)

4) Is the zoning ordinance in your city strictly enforced?a) Yesb) Noc) Sometimesd) Don’t know

5) Which department is responsible for enforcing the zoning ordinance?a) Planning Departmentb) Building Permit Departmentc) Code Enforcement Departmentd) Community Development Departmente) Other_________________

6) What action do the authorities in your city take when they become aware of a zoningviolation?a) Send a letter to the violator informing them to bring the property into compliance

within a set number of days.b) Send an inspector out to the property to discuss the violation with the violator.c) Prosecute the violator.d) Other_______________________________________________________e) Don’t know

7) How many applications for zoning changes were received in your city in 1997?Number _______________

8) How many applications for zoning changes were approved in your city in 1997?Number _______________

9) Of those zoning applications approved in your city in 1997, what percentage matched thecomprehensive land-use plan? __________%

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10) Of those zoning applications approved in your city in 1997, what percentage requested:a) Straight rezoning request (i.e. agriculture to single-family) _________%b) Planned development request (i.e. SF to PD for office complex) _____%c) Other ___________%

11) Of those zoning changes that were approved, what percentage was approved based on:a) Staff recommendation ________%b) Political support ________%c) Neighborhood support ________%

12) Of those requests for zoning changes that were denied, what percentage was deniedbased on:a) Staff recommendation ________%b) Political opposition ________%c) Neighborhood opposition ________%

13) In your opinion, what is the most effective means for a citizen to oppose a zoning changein your area?a) Negotiate with the developerb) Contact local politiciansc) Contact the planning department staffd) Legal action (law suit)e) Group demonstrationf) Other ______________

14) In your opinion, what is the most effective means of obtaining a zoning change in yourarea?a) Submit written application with a secretary and wait for the final results from the

city councilb) Meet with the planning staff to discuss the request and follow up with staff

throughout the processc) Send an attorney to meet with staff about the requestd) Send some other representative to meet with the staffe) Contact the planning and zoning commissioners or the city council members to

discuss the case.f) Other__________________________________________________

15) In your opinion, do you feel that your city’s zoning ordinance is up to date and easy tounderstand by citizens and developers?a) Yesb) Noc) Sometimesd) Don’t know

16) How difficult is it to obtain a variance in your community?a) Not difficultb) Average difficultyc) Extremely difficult

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17) What is your position with the city? ____________________________________

18) How large is your city?a) More than 100,000b) 50,000 to 99,999c) Less than 50,000

Please make any additional comments below.

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

Please return this survey to:Jennifer Evans

Real Estate CenterTexas A&M University

College Station, TX 77843-2115


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Municipalities Surveyed

City County Population

San Antonio Bexar 1,472,700Dallas Dallas 1,047,350El Paso El Paso 588,421Austin Travis 528,000Fort Worth Tarrant 490,000McAllen Hidalgo 468,625Arlington Tarrant 287,000Corpus Christi Nueces 275,419Amarillo Potter/Randall 206,878Waco McLennan 200,000Lubbock Lubbock 196,679Garland Dallas 195,252Clear Lake Harris/Galveston 180,000Plano Collin 175,000Tyler Smith 166,300Irving Dallas 165,000Laredo Webb 145,000Pasadena Harris 130,000Odessa Ector 124,000Texarkana Bowie 120,330Midland Midland 99,875Carrollton Dallas/Denton 97,200San Angelo Tom Green 90,000Richardson Dallas 75,000Longview Gregg 73,000Denton Denton 71,500Killeen Bell 70,000Baytown Harris 68,300Victoria Victoria 60,000Bryan Brazos 60,000Harlingen Cameron 59,100Galveston Galveston 59,070Port Arthur Jefferson 58,551College Station Brazos 56,000North Richland Hills Tarrant 50,650Euless Tarrant 39,750DeSoto Dallas 36,070Sherman Grayson 35,000Huntsville Walker 34,592Mission Hidalgo 33,000Big Spring Howard 33,000San Marcos Hays 32,451Lufkin Angelina 32,451Pearland Brazoria 29,500Wesalco Hidalgo 28,500Deer Park Harris 27,652Eagle Pass Maverick 27,000Kingsville Kleberg 26,010Frisco Collin/Denton 25,600Plainview Hales 25,000

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Appendix C

34

Glossary

This is a list of definitions of the most com-monly used terms, as defined by municipalities.

Board of Adjustment. The quasi-judicial body,appointed by the city council, authorized bystate statutes to consider requests for variancesfrom or interpretations of this ordinance (Cityof North Richland Hills).

Lot. An undivided tract or parcel of landhaving frontage on a public street, and whichis, or in the future may be, offered for sale,conveyance, transfer or improvement, which isdesignated as a distinct and separate tract andwhich is identified by a tract or lot number orsymbol in a duly approved subdivision platwhich has been properly filed of record. Theword “lot” includes the word “plot.”

(1) Corner lot means a lot abutting upontwo or more public streets at theirintersection.

(2) Building coverage means percentage ofthe lot that is occupied by the groundarea of a building and its accessorybuildings.

(3) Lot, double frontage means a lot abut-ting on two nonintersecting publicstreets as distinguished from a cornerlot.

(4) Lot lines mean the lines bounding a lotas defined in this section.a. Front lot line means the property

line between the front yard and thecontiguous street right-of-wayboundary.

b. Rear lot line means the property linebetween the rear yard and theadjacent property or right-of-way,and contiguous with the legalboundary of such use.

c. Side lot line means the propertybetween two adjacent lots orbetween the side yard and thecontiguous street right-of-wayboundary on corner lots (McAllen).

Nonconforming uses. A building structure oruse of land lawfully occupied at the time of theeffective date of this ordinance or amendmentsthereto, and which does not conform to the use

regulations of the district in which it is situated(Lufkin).

Planning and Zoning Commission. The agencyappointed by the city commission as an advi-sory body to it and which is authorized torecommend zoning changes (Amarillo).

Planned Development (PD). Land which isunder unified control and is planned anddeveloped as a whole in a single developmentoperation or programmed series of develop-ment with special zoning standards unique to aparticular site and which usually vary fromthose standards required by this ordinance andother zoning districts.

Plat. The plan or map for the subdivision oraddition (Richardson).

Variance. An adjustment in the application ofthe specific regulation of the zoning ordinanceto a particular parcel of property which,because of special conditions or circumstancesof hardship peculiar to the particular parcel, isnecessary to prevent the property from beingdeprived of rights and privileges enjoyed byother parcels in the same vicinity and zoningdistrict. Only the board of adjustment of thecity of Frisco can grant a variance (Frisco).

Zoning. Control on the use and developmentof land, whether improved or not, by the cityfor the supposed benefit of citizens in thecommunity and the public welfare. This controlis accomplished through two ways, restrictionsand development standards (North RichlandHills).

Zoning Administrator. The director of plan-ning and development services of the city orthe person otherwise duly designated toadminister the provisions of this Ordinance(Arlington).

Zoning District. A classification applied to anycertain land area within the city stipulating thelimitations and requirements of land usage anddevelopment (Garland).

Zoning District Map. The official map, labeledExhibit “A,” upon which the boundaries of thevarious zoning district are drawn and which isan integral part of the zoning ordinance(Bryan).

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