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Alamo Heights City Zoning Code

ARTICLE XI

ADMINISTRATION

§ 3-91 Administration.

The provisions of this chapter shall be administered by the public works director or his designee. Where special exceptions are noted, they shall be referred to the board of adjustment.
(Ordinance 1750-C, sec. 2, adopted 1/28/2008; Ordinance 2075, exh. A, adopted 4/24/2017)

§ 3-92 Scope of regulations.

These regulations shall apply to any proposed project or structure that is submitted for permitting after the effective date of this chapter, except that any applicant who has submitted an application for a permit protected by chapter 245 of the Local Government Code shall be governed by the development standards in effect on the date that the original permit application was filed. A permit application expires the forty-five (45) days after the date the application is filed if (a) the applicant fails to provide documents or other information necessary to comply with the city's technical requirements relating to the form and content of the permit application, (b) the city provides to the applicant not later than the ten (10) business days after the date the permit application is filed written notice of the failure to provide documents or other information required to comply with the city's technical requirements, which notice specifies the necessary documents or other information and the date the permit application will expire if the documents or other information is not provided, and (c) the applicant fails to provide the specified documents or other information within the time provided in the notice.
Existing structures and site improvements that do not comply with this chapter are nonconforming structures which can be maintained and repaired as long as the structure footprint, height, envelope or site area are not expanded so as to increase the degree of nonconformity. In addition, existing structures and site improvements that do not comply with this chapter that are damaged or destroyed by natural acts or by any means not resulting from the direct actions of the property owner can be rebuilt to their previous dimensions.
(Ordinance 1750-C, sec. 2, adopted 1/28/2008; Ordinance 2075, exh. A, adopted 4/24/2017)

§ 3-93 Penalty for violation.

Any person or corporation who shall fail to comply with any of the provisions of this chapter or fail to comply with any of the requirements hereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder, or who commits, takes part, directs, or assists in any such violation or who maintains or uses any building or premises or part thereof in which any violation exists, shall be guilty of a misdemeanor, and any such person or corporation, upon conviction thereof in the corporation court of the city, shall be fined as provided in section 1-5 of this Code. Each day that such violation shall occur, continue or be permitted to exist shall constitute a separate offense.
Any owner or owners of any building or premises or part thereof, who participates in, or knowingly and willingly permits, a violation of this chapter, and any architect, builder, contractor, agent, person or corporation employed in connection therewith who assists in the commission of any such violation, shall be guilty of a separate offense and upon conviction thereof shall be fined as herein provided.
(Ordinance 1750-C, sec. 2, adopted 1/28/2008; Ordinance 2075, exh. A, adopted 4/24/2017)

§ 3-94 Remedies for violation.

Any person or corporation who shall fail to comply with any provisions of this chapter, or any of the requirements hereof, or who shall commit any of the acts described in section 3-93, or be guilty of any of the omissions thereof, shall be liable to injunctive action, being subject to being enjoined and mandatorily enjoined in any court of competent jurisdiction, and shall be liable and responsible for any and all expenses that may be incurred by the city in connection with any such action, omission or other violation, including a reasonable attorney's fee.
(Ordinance 1750-C, sec. 2, adopted 1/28/2008; Ordinance 2075, exh. A, adopted 4/24/2017; Ordinance adopting 2024 Code)

§ 3-95 Preserving rights in pending litigation.

By the passage of this ordinance, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a conforming use.
Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time the existing zoning ordinance was amended and this zoning ordinance adopted, shall be discharged or affected by such amendment; but prosecutions and suits for such offenses, liabilities, penalties or forfeiture may be instituted or causes presently pending proceeded with in all respects as if such prior ordinance had not been amended.
(Ordinance 1750-C, sec. 2, adopted 1/28/2008; Ordinance 2075, exh. A, adopted 4/24/2017)

§ 3-96 Preserving other ordinances not in conflict.

The provisions of this chapter shall take precedence over those of any other existing ordinance of the city which may contain provisions which are less restrictive than those herein specified. However, nothing herein contained shall mitigate, interfere with, alter or repeal any provisions of any other ordinance of the city not in conflict with the provisions of this ordinance.
(Ordinance 1750-C, sec. 2, adopted 1/28/2008; Ordinance 2075, exh. A, adopted 4/24/2017)

§ 3-97 Validity.

If any section, paragraph, subdivision, clause, phrase or provision of this chapter shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this chapter as a whole or any part or provisions thereof other than the part so decided to be invalid or unconstitutional.
(Ordinance 1750-C, sec. 2, adopted 1/28/2008; Ordinance 2075, exh. A, adopted 4/24/2017)