Bertram City Zoning Code
ARTICLE IV
ADMINISTRATION
§ 70 General.
The City Building Official shall administer the provisions of this Ordinance, and in furtherance of such authority, the City Building Official shall:
(a)
Records.
Maintain permanent and current records with respect to this Ordinance, including amendments thereto.
(b)
Applications.
Receive, file, and review all zoning applications to determine whether such plats comply with this Ordinance.
(c)
Commission.
Forward zoning applications to the Commission as required by this Ordinance, together with its recommendations thereon.
(d)
Council.
Forward zoning applications to the Council, together with the recommendations of the Commission and the City staff.
(e)
Implementation.
Make such other determinations and decisions as may be required of the City by this Ordinance, the Commission or the Council; and enforce and implement this Ordinance and the final decisions by the Commission and City Council.
(Ordinance 26-2001, sec. 70, adopted 10/9/01)
§ 71 Ordinance Interpretation.
In the interpretation and application of the terms and provisions of this Ordinance, the following regulations shall govern:
(a)
Liberally Construed.
In the City’s interpretation and application, the provisions of this Ordinance shall be regarded as minimum requirements for the protection of the public health, safety, comfort, convenience, prosperity and welfare. This Ordinance shall be regarded as remedial and shall be liberally construed to further its underlying purposes.
(b)
Highest Standards Govern.
Whenever a provision of this Ordinance and any other provision of this Ordinance, or any provision in any other law, ordinance, resolution, rule or regulation of any kind contains any restrictions covering the same subject matter, whichever restrictions are more restrictive or impose higher standards or requirements shall govern.
(c)
Resolution of Conflicting Interpretations.
Where there arises a question concerning the meaning or intent of a provision of this Ordinance, a written decision setting forth the manner in which said provision shall be interpreted and administered is encouraged. In the event exception is taken by any interested party to such a decision the matter may be appealed to the Commission and, as appropriate, to the Council whose decision shall be final.
(d)
Written Decisions Binding.
Any final written decision made as provided in subsection (c) above shall be archived and shall govern interpretation of this Ordinance until such time as an amendment of this Ordinance shall nullify such decision, or the decision is overruled or rescinded by the City Council.
(f)
Master Plan.
All zoning applications shall conform to the Master Plan for the community and be consistent with all of the elements thereof.[2]
(i)
Where the proposed zoning application is inconsistent with one (1) or more of the elements of the Master Plan, the developer may petition the City for amendment to the particular element or elements of the Master Plan either prior to, or concurrent with, submitting a request for subdivision plat or development plan approval. Inconsistency with the provisions of the Master Plan shall be grounds for disapproval of the zoning application by the City.
(ii)
Where the proposed zoning is for a zoning district or category provided for in this Ordinance but that is not included on the Master Plan existing on the date of this Ordinance, or not existing on the date of such application, the applicant shall propose an amendment to the Master Plan and provide information and documentation in support of such amendment.
(g)
Consistency with the Subdivision Ordinance.
All development projects within the corporate limits of the City shall be in conformance with the City’s Subdivision Ordinance. Where the proposed development requires a zoning classification or approval other than that currently applying to the property to be developed, the developer shall make appropriate application to secure the necessary zoning classification or approval required for the proposed development would comply with this Ordinance [sic].
(Ordinance 26-2001, sec. 71, adopted 10/9/01)
§ 72 Board of Adjustments.
(a)
Established.
A Board of Adjustments (hereafter in this Section, the “Board”) is established in accordance with the provisions of § 211.008, Tex. Loc. Gov’t. Code, regarding the zoning of cities and with the powers and duties as provided in said code.
(b)
Organization and Membership.
(i)
Regular Membership.
The Board shall consist of five citizens appointed or reappointed by the Mayor and confirmed by the City Council. Members of the Board shall be removable for cause by the City Council, upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of the member whose term becomes vacant. The Board shall elect its own chair, who shall serve for a period of one (1) year or until his or her successor is elected.
(ii)
Alternate Members.
The Board shall also consist of not more than four alternate members who will serve in the absence of one or more regular members when requested to do so by the Mayor or City Administrator. Alternate members shall be appointed in the same manner as regular members; shall serve for the same period as a regular member; and are subject to removal in the same manner as a regular member. Vacancies among the alternate members shall be filled in the same manner as vacancies among the regular members.
(iii)
Meetings.
Meetings of the Board shall be held at the call of the chair and at such other times as the Board may determine.
(iv)
Hearings.
All meetings and hearings held by the Board of Adjustment shall be public; provided that upon the advice and consent of the City Attorney the Board may go into executive session pursuant to Chapt. 551, Tex. Gov’t. Code.
(v)
Rules and Regulations.
The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and such minutes shall be immediately filed in the office of the Board and shall be a public record. The Board of Adjustment shall act by resolution in which four members must concur. The Broad may adopt rules in accordance and consistent with this ordinance as necessary and required. A copy of any such rules shall be furnished to any person requesting same. All rules and regulations shall operate uniformly in all cases and all resolutions and orders shall be in accordance therewith.
(c)
Appeals.
(i)
Procedure.
Any person aggrieved by a decision of an administrative officer in the enforcement of Chapt. 211, Tex. Loc. Gov’t. Code, or this ordinance, or any officer, department, board or bureau of the City affected by any such decision by an administrative officer, may appeal such decision to the Board. Such appeal shall be made by filing with the office of the Board and the officer whose action is being appealed, a notice of appeal specifying the grounds thereof. The officer from which the appeal is taken shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from is taken.
(ii)
Stay of Proceedings.
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer whose decision is appealed shall certify to the Board that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed other than by restraining order granted for just cause by the Board, or by a court of record, after notice to the officer from whom the appeal is taken.
(iii)
Notice of Hearing on Appeal.
The Board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall give public notice of the hearing and due notice to the parties in interest.
(iv)
Decision by Board.
The Board shall decide appeals within a reasonable time. Any party to the appeal may appear in person or by agent or attorney at any hearing. The Board may, upon the concurring vote of four (4) members, reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement or decision, and make the correct order, requirement, decision, or determination on the matter appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made, and to that end, shall have all powers of the officer or department from whom the appeal is taken.
(d)
Powers and Duties of the Board.
(i)
Appeals Based on Error.
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 an administrative official in the enforcement of Chapt. 211, Tex. Loc. Gov’t. Code, or this Ordinance.
(ii)
Special Exceptions.
The Board shall have the power to hear and decide special exceptions to the terms of this Ordinance when this ordinance requires the Board to do so. Such special exceptions shall be as follows:
(A)
To permit a public utility or public service use or structure in any district as necessary to house equipment, pumps, switching gear, and similar devices only, required for the provision of the utility service or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the provision of utility service and the public health, convenience, safety or general welfare.
(B)
To grant a permit for the extension of a use, height or area regulation into an adjoining district for any lot platted in an approved subdivision, where the boundary line of the district divides such lot and the lot was in a single ownership on June 3, 1991.
(C)
Authorize a variance from the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, and where the topography or unusual shape of the lot and regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
(e)
Variances.
The Board shall have the power to authorize upon appeal in specific cases such variance from the terms of this Ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this Ordinance will result in unnecessary hardship, and so that the spirit of this ordinance shall be observed and substantial justice done, including the following:
(i)
Yard and Setback.
Permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardship in the carrying out of these provisions due to an irregular shape of the lot, topography or other conditions; provided that such variance will not significantly affect any adjoining property or the general welfare.
(ii)
Structures.
Authorize upon appeal, whenever a property owner can show that a strict application of the terms of this Ordinance relating to the construction or alteration of a building or structure or the use of land will impose unusual and practical difficulties or particular hardship, such variances from the strict application of the terms of this Ordinance as are in harmony with its general purpose and intent, but only when the Board is satisfied that a granting of such variance will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance as established by this Ordinance, and at the same time, the surrounding property will be properly protected; provided that the Board shall not in any event permit a use on any property that is not permitted within the Zoning category for which such property is zoned.
(f)
Changes.
The Board shall have no authority to change any provision of this Ordinance and its jurisdiction is limited to hardship and borderline cases which may arise from time to time.
(Ordinance 26-2001, sec. 72, adopted 10/9/01)
§ 73 Conditions for Issuing a Building Permit.
No building permit shall be issued for any new structure or change, improvement or alteration of any existing structure, on any lot or tract of land and no municipal utility service will be furnished to such lot or tract which does not comply with the provisions of this Ordinance and all applicable elements of the Master Plan, except as herein exempted, or upon the written application and approval of a variance.
(Ordinance 26-2001, sec. 73, adopted 10/9/01)
§ 74 Certificates of Occupancy.
(a)
Policy and Application.
Certificates of occupancy shall be required for any of the following:
(i)
Occupancy and use of any structure or building hereafter erected or structurally altered.
(ii)
Change in use of an existing building to a use of a different classification.
(iii)
No occupancy of any new, or altered portion of any, structure or building, or any such building or structure for which there is a change of use, shall take place until a Certificate of Occupancy therefor shall have been issued by the City Building Official.
(b)
Procedure.
(i)
New and Altered Structures.
Written application for a Certificate of Occupancy for a new building, or for an existing building which is to be altered, shall be made at the same time as the application for the Building Permit for such building. Said Certificate shall be issued within three (3) days after a written request for the same has been made to said City Building Official or his agent after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this Ordinance and all applicable City codes and ordinances.
(ii)
Change in Use.
Written application for a Certificate of Occupancy for the use of vacant land, or for a change in the use of land or a building, or for a change in a nonconforming use, as herein provided shall be made to said City Building Official. If the proposed use is in conformity with the provisions of this Ordinance, the Certificate of Occupancy shall be issued within three (3) days after the application for same has been made.
(c)
Approval.
Every Certificate of Occupancy shall state that the building or the proposed use of a building or land complies with all provisions of law. A record of all Certificates of Occupancy shall be kept in file in the office of the City Building Official or his agent and copies shall be furnished on request to any person having proprietary or tenancy interests in the building or land affected.
(d)
Temporary Certificate of Occupancy.
Pending the issuance of a regular Certificate of Occupancy, a temporary certificate may be issued by the City Building Official for a period not exceeding six (6) months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificates shall not be construed as in any way altering the respective rights, duties or obligations of the owners, or of the City, relating to the use or occupancy of the premises or any other matter covered by this Ordinance.
(e)
Nonconforming Uses.
A Certificate of Occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of this Ordinance. Application for such Certificate of Occupancy for a nonconforming use shall be filed with the City Building Official by the owner or lessee of the building or land occupied by such nonconforming use within one (1) year of the effective date of this Ordinance. It shall be the duty of the City Building Official to issue a Certificate of Occupancy for a lawful nonconforming use, and the refusal of the City Building Official to issue a Certificate of Occupancy for such nonconforming use shall be evidence that said nonconforming use was either illegal or did not lawfully exist at the effective date of this Ordinance.
(Ordinance 26-2001, sec. 74, adopted 10/9/01)
§ 75 Fees.
To defray the costs of administering this Ordinance, the applicant seeking plat approvals shall pay to the City, at the time of submittal, the prescribed fees as set forth in the current administrative fee schedule approved by the Council, and on file in the office of the City.
(Ordinance 26-2001, sec. 75, adopted 10/9/01)
§ 76 Amendments.
The Council may, from time to time, adopt, amend and make public rules and regulations for the administration of this Ordinance. This Ordinance may be enlarged or amended by the Council after public hearing, due notice of which shall be given as required by law.
(Ordinance 26-2001, sec. 76, adopted 10/9/01)
§ 77 Violations.
Except as otherwise provided for in this Ordinance, it shall be unlawful for any person, firm or corporation to develop, improve or sell any lot, parcel, tract or block of land within the City’s territorial jurisdiction, regardless of the size or shape of said lot, parcel, tract or block, unless such lot, parcel, tract or block of land conforms with this Ordinance.
(Ordinance 26-2001, sec. 77, adopted 10/9/01)
§ 78 Enforcement.
(a)
Administrative Action.
The Building Official, City Engineer and/or the City Administrator shall enforce this Ordinance by appropriate administrative action, including but not limited to the rejection of plans, maps, plats and specifications not found to be in compliance with this Ordinance and good engineering practices, and the issuance of stop work orders.
(b)
Court Proceedings.
Upon the request of the City Council the City Attorney shall file an action in the district courts to enjoin the violation or threatened violation of this Ordinance, or to obtain declaratory judgment, and to seek and recover court costs and attorney fees, and/or to recover damages in an amount sufficient for the City to undertake any construction or other activity necessary to bring about compliance with a requirement regarding the property and established pursuant to this Ordinance.
(Ordinance 26-2001, sec. 78, adopted 10/9/01)