Brenham City Zoning Code
PART VI
ENFORCEMENT AND APPLICATION
Sec. 1 Purpose
The purpose of Part VI is to establish provisions for the administration and enforcement of the zoning regulations of the City of Brenham.
Sec. 2 Administrative official
The provisions of this ordinance shall be administered and enforced by the city manager.
Sec. 3 Violations and penalties
Any person, firm, corporation or entity who shall violate or assists in the violation of any of the provisions of this zoning ordinance or who shall fail to comply therewith or with any of the requirements thereof, or who shall commence to erect or alter any building or use in violation of any detailed statement of plan submitted or approved thereunder, shall for each and every violation or noncompliance be guilty of a misdemeanor and upon conviction shall be fined not more than one thousand dollars ($1,000.00) and each day such violation shall be permitted to exist shall constitute a separate offense. The owner of that building or premises or part thereof where anything in violation of this ordinance shall be placed or shall exist, and any architect, builder, contractor, agent or corporation employed in connection therewith who may have assisted in the commission of any such violation shall each be guilty of a separate offense and upon conviction shall be subject to the penalties herein provided.
In order to enforce the provisions of this ordinance, the city attorney is authorized to institute any civil action in the appropriate court upon the prior approval of the city council.
Sec. 4 Inspection of premises
The building inspector or any duly authorized person shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises necessary to carry out his duties in the enforcement of this ordinance.
Whenever any construction work is being done contrary to the provisions of this ordinance, the building inspector may order the work stopped by notice in writing served on the owner or contractor doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the building inspector to proceed with the work.
Sec. 5 Requirements for building permit
(Sec. 5.01)
All applications for building permits shall be accompanied by accurate plot plans, submitted in duplicate, drawn to scale, showing:
(1)
The actual shape and dimensions of the lot to be built upon.
(2)
The exact sizes and locations on the lot of the buildings and accessory buildings then existing.
(3)
The lines within which the proposed building and structure shall be erected or altered.
(4)
The existing and intended use of each building or part of building.
(5)
The number of families or dwelling units the building is designed to accommodate.
(6)
Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this ordinance, or if provisions of Sections 8 and 9 have been complied with.
One copy of such plot plans will be returned to the owner when such plans have been approved. An inspection of as long as two (2) weeks may be required for inspection of plans before a permit is issued. |
All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey by a qualified registered surveyor and the lot shall be staked out on the ground before construction is started. |
Sec. 6 Existing permits and private agreements
Sec. 7 Preserving rights in pending litigation and violations under existing ordinances
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, shall be discharged or affected by the adoption of this ordinance; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending be proceeded with in all respects as if such prior ordinance had not been repealed.
Sec. 8 Completion of authorized buildings
Nothing in these regulations nor in any amendments hereto which change district boundaries shall require any change in the plans, construction or designated use of a building which shall be completed in its entirety within two (2) years from the date of the passage of this ordinance, provided such building was authorized by building permit before the passage of this ordinance and further provided construction shall have been started within ninety (90) days of the passage of this ordinance. Commitments with reference to construction of public utility buildings necessary for proposed expansion of the city made prior to the passage of this ordinance shall be observed.
Sec. 9 Certificates of occupancy
(Sec. 9.01)
Requirements for certificates of occupancy.
Certificates of occupancy shall be required for any of the following:
(1)
Occupancy and use of a building hereafter erected or structurally altered.
(2)
Change in use of an existing building to a use of a different classification.
(3)
Occupancy and use of vacant land, except agricultural use.
(4)
Change in the use of land to a use of a different classification.
(5)
Any change in the use of a nonconforming use.
No such occupancy, use or change of use, shall take place until a certificate of occupancy therefor shall have been issued by the inspector of buildings. |
(Sec. 9.02)
Procedure for new or altered buildings.
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 building inspector 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.
(Sec. 9.03)
Procedure for vacant land or a 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 building inspector. If the proposed use is in conformity with the provisions of this ordinance, the certificate of occupancy therefor shall be issued within three (3) days after the application for same has been made.
(Sec. 9.04)
Contents.
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 on file in the office of the building inspector or his agent and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected.
(Sec. 9.05)
Temporary certificate.
Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the building inspector 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.
(Sec. 9.06)
Certificates of occupancy for nonconforming uses.
Certificates of occupancy for nonconforming uses shall be issued as provided in Part IV, Division 3, Section 3.
Sec. 10 Validity
If any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be adjudged invalid or held unconstitutional the same shall not affect the validity of this ordinance as a whole or any part of provisions thereto other than the part so decided to be invalid or unconstitutional.
Sec. 11 Effective date
This amended ordinance shall become effective from and after the date of its approval and adoption as provided by law.