Plano planning commission approves amendment to clarify certificate-of-occupancy revocation appeals

The Planning and Zoning Commission on a 7-0 vote approved amendments to the zoning ordinance that clarify procedures for denial and revocation of certificates of occupancy and establish the Board of Adjustment as the appeal route for zoning-related revocations.

Jordan Rockerby, lead planner in the Development Services Department, told the commission the change was directed by City Council and the Planning and Zoning Commission and “inserts the board of adjustment and the associated process with the zoning ordinance.” He said the ordinance currently defines certificates of occupancy but does not set out procedure for denial or revocation in the zoning code.

The amendments align the local process with state law: staff cited the Texas Local Government Code, Chapter 211, which governs zoning procedures and appeals and indicates that zoning actions should go through the board of adjustment rather than the Building Standards Commission. Rockerby said revocation already is a possible administrative action; the change clarifies which appeals body is appropriate when the revocation arises from a zoning violation.

Commissioners asked whether the change would require more inspection staff. The building official explained that the revocation and appeal steps will use the same personnel and processes already used for Building Standards Commission appeals, so staff do not expect to add inspectors for the change.

There were no registered speakers during the public hearing period. Commissioner Bronski moved to approve the item as recommended by staff; the motion was seconded and passed 7 to 0.

The ordinance amendment modifies the zoning code text to (1) identify zoning violations as grounds for revoking a certificate of occupancy, (2) require that zoning-related revocation appeals go to the Board of Adjustment, and (3) include conforming edits in the building code when adopted. The change does not create new revocation authority; staff described it as procedural clarification and administrative alignment with state statute.