(a)

No land shall hereafter be used unless a Certificate of Occupancy and Compliance shall have been issued by the Building Official of the City, stating that the Building or proposed use of land or Building complies with the provisions of this chapter and other Building laws of the City.

(b)

A Certificate of Occupancy and Compliance shall be applied for concurrently with the application for a Building Permit and will be issued within ten (10) days after the completion of the erection, alteration or conversion of such Building or land provided such construction or change has been made in complete conformity to the provisions of this chapter.

(c)

A Certificate of Occupancy and Compliance shall state that the Building or proposed use of a Building or land complies with all the Building or health laws and ordinances and with the provisions of this chapter. A record of all certificates shall be kept on file in the office of the Building Official, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the land or Building affected.

(Code 1960, § 26-26)

Nothing contained in this chapter shall require any change in the plans, construction or designated use of a Building actually under construction at the time of the passage of this chapter and which entire Building shall be completed within one (1) year from the date of the passage of this chapter.

(Code 1960, § 26-27)

(a)

Application to Planning and Zoning Commission and planning department; fee.

(1)

Any person desiring a change in regulations, restrictions or boundaries of the Zoning District Map of any property from one (1) Zoning District classification to another Zoning District classification under this chapter shall make application for such change to the Planning and Zoning Commission in writing and by filing such written application with the Planning Department of the City, requesting a change in Zoning District classification. Such application shall contain the following information:

a.

Legal description of the land on which such Zoning District classification is requested, together with the local Street address of same;

b.

Name and address of each owner or owners of the property which is the subject of the application;

c.

Name and address of the person making the application, if made by anyone other than the owner, together with a statement on a form prescribed and furnished by the Planning Department of the City, that the person making the application is authorized to act for the owner or owners in making such application;

d.

Zoning District classification use under which the property regulated at the time of making such application and the Zoning District classification use requested by the applicant;

e.

Any other information concerning the property as may be requested by the Planning Department of the City or the Planning and Zoning Commission of the City.

(2)

Upon the filing of any application for a Zoning District classification change with the Planning Department of the City, the applicant shall pay to the City Planning Department the following applicable sum:

a.

For a Zoning District classification change, the sum of eight hundred eighty-two dollars ($882.00).

b.

For a specific use permit, the sum of seven hundred fifty-six dollars ($756.00).

c.

For a Planned Development District classification, the sum of eight hundred eighty-two dollars ($882.00).

d.

For an amendment to a Planned Development District, the sum of six hundred sixty-one dollars ($661.00).

(3)

These fees are utilized to help defray necessary administrative costs of processing the application as required, including publication and mailing of required notices.

(b)

Public hearings; notice.

(1)

Upon the filing of an application for request of Zoning District classification change with the Planning Department of the City accompanied by the deposit to defray cost in the manner as prescribed in this chapter, the Planning Department shall set a date for public hearing on such requested change of District classification; such date for public hearing shall be a day when the Planning and Zoning Commission is regularly scheduled to hear Zoning District classification change requests as determined by the rules, policies and regulations as adopted or which may hereafter be adopted by the Planning and Zoning Commission for holding public hearings on such requests.

(2)

The Planning Department shall cause written notice of public hearing on the requested Zoning District classification changes to be sent to owners of real property lying within two hundred (200) feet of the property on which such change in Zoning District classification is requested in the following manner:

a.

Such notice shall be given not less than ten (10) days before the date set for public hearing to all such owners as the ownership appears on the current City tax records. Such notice may be made by depositing same properly addressed with postage paid in the United States mail.

b.

Such notice shall set forth the date, time and place of such public hearing, legal description of the property on which such Zoning change is requested; the present Zoning District classification and the requested Zoning District classification of such property.

(3)

The Planning Department shall cause to be published in a newspaper of general circulation at least fifteen (15) days before the date of such hearing a notice of public hearing by the Planning and Zoning Commission on the requested Zoning District classification changes. Such published notice shall set forth the date, time and place of such public hearing, the legal description of the property on which such proposed Zoning District classification change is requested, and the requested Zoning District classification of such property.

(4)

The Planning and Zoning Commission shall submit to the City Council a final report containing its recommendations on those applications for Zoning District classification changes which it has considered.

(5)

If the Planning and Zoning Commission recommends that a Zoning District classification change not be granted, the case will not be processed further and shall not be forwarded to the City Council for public hearing, unless the applicant shall, within ten (10) days after the date the Planning and Zoning Commission votes to recommend that the Zoning District classification change not be granted, file with the Planning Department a request in writing requesting that such application be forwarded to the City Council for a public hearing and determination of the Zoning District classification change request. If the written appeal is filed by noon of the day following the Planning and Zoning Commission meeting, the case shall be processed for consideration to the City Council at its next regularly scheduled meeting. If the written appeal is filed after noon of the day following the Planning and Zoning Commission meeting, but within ten (10) days, the case shall require new publication and mailing of notices and scheduling to the City Council at a later date. The applicant shall pay a fee of three hundred seventy-eight dollars ($378.00) with the notice of appeal to defray publication, notice and other expenses.

(6)

All applications for Zoning District classification changes where the Planning and Zoning Commission has recommended such Zoning District classification shall be automatically processed and forwarded to the City Council for a public hearing and determination of the Zoning District classification change request.

(c)

Public hearing before City Council; time limitation for refiling upon denial.

(1)

The City Council shall conduct a public hearing to act on all applications which have been processed and forwarded to them for public hearing and determination as provided in subsections (b)(5) and (6) of this section. At least fifteen (15) days' notice of the time and place of such public hearing shall be published in a newspaper of general circulation within the City prior to the day of such public hearing.

(2)

Upon the day of such public hearing, the City Council shall review the decisions and recommendations of the Planning and Zoning Commission of all applications coming before the City Council as provided in this chapter. The City Council in making its determination of such applications may make changes in the Zoning District Map in accordance with or in rejection of modification of the report and recommendation of the Planning and Zoning Commission.

(3)

Approval or denial of an application for Zoning District classification change shall be by a majority of all the members of the City Council; however, in the event of a written protest against such change, signed by the owners of twenty (20) percent or more, either of the area of the Lots or land included in such proposed change, or of the Lots or land immediately adjoining the same and extending two hundred (200) feet there from, such amendment shall not become effective except by the favorable vote of three-fourths of the members of the City Council present and voting.

(4)

No application requesting a Zoning District classification change on any property, which application includes any such property either entirely or any part thereof, which has been denied by the City Council shall be again considered for the same or any less restrictive or lower Zoning District classification by the Planning and Zoning Commission before the expiration of four (4) months from the date of the final action of the City Council, except that an application for Planned Development District Zoning classification as provided in article III, division 2 of this chapter may be made at any time, provided that no application for such Planned Development District has been made on the same property or any part thereof within four (4) months prior to the date of the application.

(Code 1960, § 26-28; Ord. No. 6882, § 1, 12-20-2005; Ord. No. 6847, § 6, 9-20-2005; Ord. No. 7309, § 1, 1-17-2012; Ord. No. 7658, § 2, 3-14-2017; Ord. No. 7688, § 16, 9-12-2017; Ord. No. 7883, § 19, 9-15-2020; Ord. No. 7924, § 21, 8-13-2021; Ord. No. 8004, § 27, 9-8-2022)

State Law reference— Adoption and amendment of zoning ordinances, V.T.C.A., Local Government Code §§ 211.002, 211.006, 211.007.

(a)

A nonconforming status shall exist under the following provisions:

(1)

When the use of land does not meet the requirements of section 4-10-82 or a Structure does not meet the requirements of section 4-10-151 and Article V, Divisions 2, 3 and 4 of this chapter and was in lawful existence prior to August 19, 1968, the effective date of the ordinance from which this chapter is derived;

(2)

When any developed Lot, Parcel or Tract of land is reduced in size by a taking for public necessity and the reduction affects the Lot Area, Width, Depth, Building Setback or Off-Street Parking of the Lot to the extent that the use at the time of taking would be rendered a violation of this chapter.

(b)

No Nonconforming Use may be expanded or increased beyond the Lot or Tract upon which such Nonconforming Use is located as of the effective date of the ordinance from which this chapter is derived except to provide off-street loading or Off-Street Parking space upon approval of the Building Official.

(c)

Any Nonconforming Use may be changed to a Conforming Use, and once such change is made, the use shall not thereafter be changed back to a Nonconforming Use.

(d)

A change of Occupancy from one (1) Nonconforming Use to a more restrictive Nonconforming Use may be made by securing a Specific Use Permit.

(e)

Where a conforming use is located in a Structure not meeting the requirements of section 4-10-151 and Article V, Divisions 2, 3 and 4 of this chapter the use may be changed to another conforming use by securing a Certificate of Occupancy and Compliance.

(f)

Whenever a Nonconforming Use is terminated, all nonconforming rights shall cease and the use of the Premises shall thereafter conform to the zoning requirements for the Premises. Any Nonconforming Use which discontinues and which remains unused as the use which made the Premises a Nonconforming Use for a period of twelve (12) consecutive months shall be terminated.

(g)

If a Structure not meeting the requirements of section 4-10-151 and Article V, Divisions 2, 3 and 4 of this chapter is partially destroyed by fire, the elements or other cause and said destruction exceeds fifty (50) percent of its reasonable value, the Structure shall not be restored to its nonconforming state unless approved by the Zoning Board of Adjustment. In the case of partial destruction of a nonconforming Structure of fifty (50) percent or less of its reasonable value, restoration may be permitted back to the Structure's nonconforming state without Zoning Board of Adjustment review.

(h)

Outdoor storage uses. Nonconforming Uses involving outdoor storage of materials, equipment or merchandise of any type and required by this chapter to screen such outdoor storage shall provide such screening in all Zoning Districts where required not later than two (2) years from the date of annexation or rezoning that caused the use to be nonconforming.

(i)

An Adult Business which is in operation on the effective date of an annexation which does not conform to the location and zoning requirements pertaining to an Adult Business shall be a Nonconforming Use which may continue for three (3) years from the effective date of annexation. Upon the expiration of three (3) years, all Nonconforming Use rights shall terminate, and the use shall be illegal and shall terminate.

(1)

The Nonconforming Use, as defined herein, shall not be increased, enlarged or altered except to comply with the requirements of section 4-10-153.

(2)

If two (2) or more Adult Businesses are rendered Nonconforming by the required separation in section 4-10-152 only, first in time is first in right. It shall be the burden of the Adult Business asserting a priority to prove its prior right.

(3)

If the Owner of an Adult Business is unable to recoup its investment in such business prior to termination, it may request an extension of time by filing a request with the Planning Department ninety (90) days prior to the termination date.

a.

The application for an extension shall contain all of the data the applicant wishes to be considered in determining whether or not an extension should be granted.

b.

The City Council may consider the application for extension and may grant additional time not to exceed one (1) year if it finds that the applicant's need outweighs the public interest in termination.

(j)

Any premises that already sells alcoholic beverages on the date of the first reading [January 20, 2004] of this section, and which does not comply with the zoning requirements of this section, may continue in operation as a nonconforming use until any of the following events occurs:

(1)

Cessation of the business of selling alcoholic beverages for a continuous period of one hundred eighty (180) days or more; or

(2)

A change in the ownership or the tenant of the real estate upon which the premises is located; or

(3)

Destruction of the premises by fire, the elements, or other causes that exceeds fifty (50) percent of the structure's value as shown from the current tax rolls.

(Code 1960, § 26-24; Ord. No. 5862, § 1, 6-12-90; Ord. No. 6043, § 1(A), 11-9-93; Ord. No. 6268, § 1(B)—(D), 12-24-96; Ord. No. 6708, § 4, 1-27-2004; Ord. No. 7658, § 2, 3-14-2017)

(a)

Established. See now, Chapter 2-6 of this Code.

(b)

Procedure.

(1)

The Board shall adopt rules, operate, and exercise all duties and powers as prescribed in Chapter 2-6.

(2)

Upon filing of an application for either a special exception or Variance with the Building Safety Department, the applicant shall pay the sum of five hundred dollars ($500.00) to the City.

(Code 1960, § 26-25(A)—(C); Ord. No. 6882, § 2, 12-20-2005; Ord. No. 7520, § 2, 3-17-2015; Ord. No. 7688, §§ 9, 17, 9-12-2017)

Cross reference— Boards and commissions generally, § 2-6-1 et seq.; zoning board of adjustment to serve as airport zoning board of adjustment, § 4-9-51.

State Law reference— Zoning board of adjustment, V.T.C.A., Local Government Code § 211.008.

(a)

Appeals to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the City affected by any decision of the Building Official. Such appeal shall be taken within fifteen (15) days after a decision has been rendered by the Building Official, as provided by the rules of the Board, by filing with the Building Official and with the Board a notice of appeal specifying the grounds thereof. The Building Official shall transmit to the Board all the papers constituting the record upon which the action appeal from was taken.

(b)

An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Official certifies to the Board after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise by a restraining order which may be granted by the Board or by a court of record on application and notice to the Building Official and on due cause shown.

(Code 1960, § 26-25(D))

State Law reference— Appeals to board of adjustment, V.T.C.A., Local Government Code § 211.010.

(a)

Hearing. The Board shall hold a public hearing on all requests for appeals, Variances and special exceptions.

(b)

Notice.

(1)

In the case of appeals to the Board of a decision of the Building Official, written notice of such public hearing shall be published in a newspaper of general circulation not less than fifteen (15) days before the date of the hearing stating the time, place and subject of such hearing.

(2)

Written notice of such public hearing regarding Variances and special exceptions shall be published in a newspaper of general circulation and shall be sent to the applicant and all other persons who are owners of real property lying within two hundred (200) feet of the property on which the hearing is to be held. Such published notice shall be given not less than fifteen (15) days before the date of the hearing in a paper of general circulation stating the time, place and subject of the hearing and shall be mailed not less than ten (10) days before the date set for the hearing to all owners who have rendered their property for City taxes as the ownership appears on the last approved City tax roll.

(Code 1960, § 26-25(E))

(a)

The Board shall have the power to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building Official in the enforcement of this chapter or applicable State law. The Board shall also have the power to hear appeals from decisions of the Downtown Design Review Board as described in Article IV, Division 3 of this chapter, as amended.

(b)

The Board shall have the power to hear and decide special exceptions to the terms of this chapter for any of the following:

(1)

The addition of Off-Street Parking.

(2)

The addition of off-street loading.

(3)

The restoration of a nonconforming Structure to its nonconforming state where same has been destroyed by fire or the elements, and said destruction exceeds fifty (50) percent of its reasonable value. (See section 4-10-24(g).)

(4)

Special exceptions and Appeals regarding the application of Downtown Urban Design Standards adopted in Article IV, Division 3 to a particular parcel or site.

(c)

The Board shall have the power to authorize upon appeal in specific cases such Variance of the Height, Yard, area and coverage regulations and required number of parking and loading spaces prescribed by this chapter, and of the Downtown Urban Design Standards such as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done.

(1)

In authorizing a Variance, the Board shall find and show in its minutes such facts and/or special conditions by which each of the following conditions has been satisfied:

a.

(i) Special circumstances exist on the property on which the application is made relating to its size, area, topography, location or surrounding conditions that do not apply generally to the other property in the same area and the same Zoning District, or (ii) that a substantial proportion of the other properties in the same area and Zoning District are legally enjoying the conditions which the applicant is requesting. Provided, however, that clause (ii) of this subsection shall not be applicable to property within the Downtown Urban Design District;

b.

That the granting of the Variance on the specific property will not adversely affect the land use pattern of the area as outlined by the land use section of the Comprehensive Plan, or where applicable the Downtown Urban Design Standards, and will not adversely affect any other feature of the Comprehensive Plan or Downtown Urban Design Standards;

c.

That the Variance, if granted, will be of no material detriment to the public safety or welfare or injury to the use, enjoyment or value of the property in the vicinity.

(2)

In exercising such authority, the Board shall be mindful that a Variance shall not be granted where it will operate to relieve the applicant of a condition or circumstance:

a.

Which is not inherent in the property itself, but rather is the result of the use or development of the property;

b.

Which was caused by the division of land after the effective date of the ordinance from which this chapter is derived, which division of land caused the property to be unusable for any reasonable development under the existing regulations;

c.

Which was otherwise self-imposed by the present or a previous owner;

d.

Which is founded solely upon the opportunity to make the property more profitable or to reduce expense to the owner.

(d)

The Board shall have the power to authorize upon appeal the reduction or variation of landscaping requirements, as specified by this chapter, which would result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done. This subsection also authorizes the Board to grant reductions, waivers, or variations under the Downtown Urban Design Standards.

(1)

In authorizing a Variance, the Board shall find and show in its minutes that the Variance would allow for the installation of alternative landscaping materials not otherwise contemplated by this chapter.

(2)

In considering a Variance under this section, the Board shall consider Variances to minimum parking requirements, minimum Setback requirements, or maximum Lot Coverage requirements, or any combination of requirements of Article 4, Division 6 of this chapter. It shall be the policy of this section that the Board shall endeavor to make a particular site and project feasible by varying first the Parking, Setback, and Lot Coverage, then varying the landscaping requirements, except when considering property that is subject to the Downtown Urban Design Standards in which case those standards shall be applied or varied as deemed most appropriate in keeping with the intent of such design standards.

(Code 1960, § 26-25(F); Ord. No. 5561, § 2, 12-3-85; Ord. No. 6043, § 1(B), 11-9-93; Ord. No. 6268, § 1(E), (F), 12-24-96; Ord. No. 6600, § 4, 6-11-2002; Ord. No. 7201, § 9, 12-15-2009; Ord. No. 7223, § 3, 7-20-2010)

State Law reference— General powers of board of adjustment, V.T.C.A., Local Government Code § 211.009.

(a)

In exercising its powers, the Board may, in conformity with the provisions of the statutes of the State of Texas as existing or hereafter amended, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken. The Board shall have the power to impose reasonable conditions to be complied with by the applicant.

(b)

The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building Official, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation in this chapter.

(c)

Any person or persons, jointly or severally, aggrieved by any decision of the Board, or any taxpayer, or any officer, department, board or bureau of the city, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the Building Official and not thereafter.

(Code 1960, § 26-25(G))

No application requesting a Variance or special exception on any property, including all or any part of the property thereof, which has been denied by the Board, shall again be considered by the Board prior to the expiration of four (4) months from the date of the denial action.

(Code 1960, § 26-25(H))