(a)

Created. A board of adjustment is created, consisting of five citizens of the city, each to be appointed by the mayor and confirmed by the city council, for the terms of three years, respectively, provided that when the first board of adjustment shall be appointed under this section, one member shall be appointed for one year, two for two years and two for three years. At least one member of the board of adjustment shall be a member of the planning and zoning commission, and his term shall expire at the same time as his term on the planning and zoning commission. A member appointed to fill a vacancy shall serve for the unexpired term. In the absence of a board of adjustment, the city council shall perform all functions of a board of adjustment.

(b)

Organization.

(1)

The hearings of the board of adjustment shall be public; however, the board of adjustment may go into executive session for discussion, but not for vote, on any case before it. The board of adjustment shall organize annually and elect a president, vice president and secretary. The concurring vote of four members of the board of adjustment shall be necessary to revise any order, requirement, decision or determination of any administrative official of the city, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to approve any special exception or variance. From time to time, the board of adjustment shall adopt such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter and shall furnish a copy of such rules and regulations to the building official, all of which rules and regulations shall operate uniformly in all cases. All of the resolutions and orders of the board of adjustment shall be in accordance with such rules and regulations.

(2)

The board of adjustment shall hear the intervention of any owner of any property adjacent to, in the rear of or across the street from a lot as to which the granting of any building permit is pending and shall also hear any other parties in interest.

(c)

Power of subpoena, etc. The board of adjustment shall have the power to subpoena witnesses, administer oaths and punish for contempt, and may require the production of documents under such regulations as it may establish.

(Code 1995, §§ 31.42, 31.52, 158.55; Ord. No. 02-21, §§ IIA, IIB(158.55), 5-14-2002)

State Law reference— Public information, V.T.C.A., Government Code § 552.001 et seq.

The board of adjustment shall have the following powers and duties:

(1)

Special exceptions. To hear and decide upon applications for special exceptions, when such use or development is specifically authorized under this chapter.

(2)

Variances. To authorize upon appeal, in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the chapter would result in an unnecessary hardship, and the granting of the variance would provide substantial justice conforming with the spirit and intent thereof.

(3)

Administrative review. To hear and decide appeals where it is alleged there is error in any decision or determination made by any administrative official of the city in the enforcement of this chapter.

(Ord. No. 02-21, § IIB(158.56), 5-14-2002)

(a)

Application. The owner of the land for which a special exception is requested, or his duly authorized agent, shall complete the appropriate form, supplying all information prescribed in the form, and deliver such form to the planning department of the city, unless the special exception requested is specifically authorized by this division. If the proposed use requiring a special exception is also required to comply with conditions specified in article V, division 3 of this chapter, or as otherwise specified in this chapter, the applicant shall also indicate, by plans or other documents, that such applicable conditions will be met.

(b)

Fee. The application fee shall be paid by the proponent in accordance with the city's fee ordinance, which is approved on an annual basis. The request shall not be placed upon the agenda of the board of adjustment until the fee has been paid.

(c)

Schedule of hearing. After receipt of the properly executed request from the owner or his agent and receipt of the application fee, the planning department shall schedule the request for a hearing by the board of adjustment by placing it upon the agenda of the next regularly scheduled meeting of the board of adjustment. Notwithstanding the foregoing, the written request form and all attachments must be delivered to the planning department and all fees paid at least 20 days prior to the public hearing. The proponent or his agent shall be present at the hearing.

(d)

Notice of hearing. Notice of the public hearing on a special exception shall be as provided in section 98-67.

(e)

Action. The board of adjustment shall deny a request for a special exception unless it determines that:

(1)

The requested special exception will establish only the uses permitted under the section of this chapter pertaining to the zoning district involved or as is specifically set forth in subsection (g) of this section.

(2)

The requested special exception will be wholly compatible with the use and permitted development of adjacent property, either as filed or subject to such requirements as the board of adjustment finds to be necessary to protect and maintain the stability of adjacent properties.

(3)

The requested special exception will place no undue burden on public facilities. Public facilities to be considered shall include, but are not limited to, streets and alleys, water and sewer utilities, schools, parks and public agencies.

(4)

The location of the proposed activities and improvements are clearly defined on the site plan filed by the applicant, where required.

(5)

Approval of the special exception is clearly in harmony with the general purposes and intent of this chapter, and provides for substantial justice.

(f)

Safeguards and conditions. In approving any special exception, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this section. Violation of such conditions and safeguards, when made part of the terms under which the special exception is granted, shall be deemed a violation of this chapter and punishable under sections 97-8 and 98-8.

(g)

Authorization. In hearing and deciding special exceptions, the board of adjustment may, after public notice and hearing and subject to the safeguards and conditions contained in this section, authorize special exceptions to this chapter, as follows:

(1)

Permit the extension of a district where the boundary line of a district divides a lot or tract held in a single ownership at the time of the passage of the ordinance from which this chapter is derived.

(2)

Interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the maps fixing the several districts, accompanying and made a part of this chapter, where the street layout actually on the ground varies from the street layout as shown on such maps.

(3)

Permit the erection and/or use of a building or the use of premises for railroads or public utility services. Notwithstanding the foregoing, existing railroads and utilities may continue to be operated and maintained in dwelling and commercial districts, but no new railroad or utility structure, other than the usual poles, wires and underground utilities, shall be established in the districts, except when authorized by the board of adjustment.

(4)

Permit the reconstruction, extension or enlargement of a building occupied as a nonconforming use. Notwithstanding the foregoing, the board of adjustment may not permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God or public enemy to the extent of more than 60 percent of its fair market value unless the board of adjustment finds some compelling necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly.

(5)

Permit the extension of a nonconforming use in a building upon a lot occupied as a nonconforming use.

(6)

Permit the use of temporary buildings used in conjunction with construction work in any district for only the period of time that the construction work is in progress.

(7)

Waive or reduce the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make necessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or convenience.

(8)

Permit land within 300 feet of a multiple dwelling to be improved for the parking spaces required in connection with a multiple dwelling, but only when there is positive assurance that the land will be used for that purpose during the existence of the multiple dwelling.

(9)

Determine whether an industry should be permitted within the M-1 restricted industrial district and the M-2 industrial district because of the methods by which it would be operated and its effect upon uses within surrounding zoning districts.

(Ord. No. 02-21, § IIB(158.56.1), 5-14-2002)

(a)

Application. The owner of the land for which a variance is requested, or his duly authorized agent, shall complete the appropriate application form, supplying all information prescribed in the form, and deliver such form to the planning department. The application shall be accompanied by a site plan for which the variance is requested. The application and all attachments must be delivered to the planning department and all fees shall be paid at least 20 days prior to the public hearing.

(b)

Fee. The application fee shall be paid by the proponent in accordance with the city's fee ordinance, which is approved on an annual basis. The request shall not be placed upon the agenda of the board of adjustment until the fee has been paid.

(c)

Schedule of hearing. After receipt of the properly executed request from the owner or his agent and receipt of the application fee, the planning department shall schedule the request for a hearing by the board of adjustment by placing it upon the agenda of the next regularly scheduled meeting of the board of adjustment. The proponent or his agent shall be present at the hearing. Notwithstanding the foregoing, the written request form and all attachments must be delivered to the planning department and all fees paid at least 20 days prior to the public hearing.

(d)

Notice of hearing. Notice of the public hearing on a variance shall be as provided in section 98-67.

(e)

Action. The purpose of granting a variance is to modify the application of this chapter as it applies to a specific piece of property which, because of peculiar circumstances applicable only to the property, prevent the property from being used on the same basis as other property in the same zoning district. In reaching its decision to grant a variance, the board of adjustment shall determine that all of the following conditions are present:

(1)

Special conditions and circumstances exist which are peculiar to the land or improvement in question and which are not applicable to other land or buildings in the same zoning district. Such conditions or circumstances shall not be the result of actions taken by the applicant.

(2)

Due to special conditions and peculiarities of the land or improvements in question, literal interpretation of the provisions of this chapter would result in an unnecessary hardship, other than financial, to the owner of the land and prohibit reasonable use of the land.

(3)

The granting of the variance will not be contrary to the public interest. Evidence shall be made that granting a variance is consistent with the intent of this chapter, is in harmony with this chapter and will not be injurious to neighboring properties or otherwise detrimental to the public welfare.

(4)

The granting of the variance will not allow activities in any district which are prohibited by the provisions of the district. This chapter is declared to be a definition of the public interest regarding land use and structural arrangement. Under no circumstances shall a variance be granted which permits a use not generally or by special exception is permitted in a zoning district by the terms of this chapter.

(5)

The granting of the variance will not permit a lower degree of flood protection than the flood protection elevation specified for the particular area, except as otherwise allowed under stormwater management regulations.

(6)

The granting of the variance will not permit standards lower than the standards required by state law.

(7)

By comparison with the general good served by literal enforcement of this chapter, the hardship, other than financial, which would be alleviated by granting the request for the variance is of a greater significance.

(8)

Nonconforming uses of neighboring land or improvements to such land in the same district, as well as permitted use of land or improvements thereto in other districts, are not considered grounds for issuance of a variance.

(f)

Safeguards and conditions. In approving any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this section. Violation of such conditions and safeguards, when made part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable under sections 97-8 and 98-8.

(Ord. No. 02-21, § IIB(158.56.2), 5-14-2002)

Appeals to the board of adjustment can be taken by any person aggrieved or any department or board of the city affected by any decision of an administrative official of the city in the enforcement of this chapter.

(1)

Application. An appeal shall be taken by filing a notice with the officer from whom the appeal is taken and with the board of adjustment within no more than 15 days after the decision in question has been rendered by the administrative official.

a.

Such notice shall be taken on the appropriate application form provided by the planning department, specifying the grounds for the appeal.

b.

If an appeal is made from a determination by the building official that no special exception of the nature requested is authorized by this division, a request for the special exception in question shall be taken and processed concurrently with the appeal of the proponent.

(2)

Fee. The application fee shall be paid by the applicant in accordance with the city's fee ordinance, which is approved on an annual basis. The request shall not be placed on the agenda of the board of adjustment until the fee has been paid.

(3)

Schedule of hearing. After receipt of the properly executed appeal from the applicant, the planning department shall schedule the request for a hearing by the board of adjustment by placing it on the agenda for the next regularly scheduled meeting of the board of adjustment. Notwithstanding the foregoing, the written request form and all attachments must be delivered to the planning department and all fees shall be paid at least 20 days prior to the public hearing.

(4)

Notice of hearing. Notice of the public hearing on an appeal shall be as provided in section 98-67.

(5)

Presentation of findings. The officer from whom the appeal is taken shall forthwith transmit to the board of adjustment all papers constituting the records upon which the action appealed was taken. At the time of the public hearing, the planning department's representative shall present the basis for the appeal by the proponent by stating the sections of this chapter which sets forth the requirements.

(6)

Burden of proof. The applicant or his agent shall be present at the hearing. The burden of proof shall be upon the applicant to establish the necessary facts to warrant favorable action by the board of adjustment.

(7)

Stay of proceedings. An appeal shall stay all proceedings in the furtherance of the action appealed unless the officer from whom the appeal is taken certifies to the board of adjustment, 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 other than by a restraining order, which may be granted by the board of adjustment or a court of record on application to the officer from whom the appeal or application is taken and on due cause shown. In the case of a concurrent request for a special exception or variance where the proponent is already in violation of the terms of this chapter, proceedings shall be stayed as in the case of an appeal. In either case, if the board of adjustment shall deny the appeal or application, the stay shall remain in effect for ten days following the decision of the board of adjustment.

(8)

Action for administrative review. In exercising its power, the board of adjustment may, in conformity with the laws of the state, reverse or affirm, wholly or partly, or modify the decision or determination appealed from and make such decision or determination as should be made, and shall have all of the powers of the officer or board from whom the appeal or application is taken. The board of adjustment shall have the power to impose reasonable conditions to be complied with by the applicant. If the appeal shall be from the refusal of the planning department to accept a request for a special exception or a variance, and the board of adjustment shall find that the request shall have been accepted, the board of adjustment shall then proceed to hear the request which shall have been forwarded with the appeal after the giving of due notice.

(Ord. No. 02-21, § IIB(158.56.3), 5-14-2002)

(a)

Upon filing an appeal or application for a variance or special exception, the applicant shall pay a filing fee to the city in accordance with the city's fee ordinance, which is approved on an annual basis. Such fees shall be applied to costs of processing applications required by this division and applicable state laws. Should the application be withdrawn or tabled at the request of the applicant, an additional application fee will be paid to the city to be applied to reprocessing before the item will be considered on a subsequent agenda. Filing fees, which shall accompany each application, shall in no way be refundable to the applicant. No building permit which may first require granting of a variance or special exception shall be issued unless and until such fees shall have been paid in full.

(b)

The fees and charges for services furnished by the city shall be determined by the city council from time to time and placed on file in the office of the city secretary.

(Ord. No. 02-21, § IIB(158.56.4), 5-14-2002)

The board of adjustment shall hold a public hearing on all appeals or applications made. Written notice of such public hearing shall be sent to the applicant and all other persons who are owners of real property lying within 200 feet of the property on which the appeal or application is made, except for requested variances from separation requirements for liquor stores, in which case, written notice shall be provided to persons who are owners of real property lying within 300 feet of the property on which the application is made. At a public hearing for any appeal or application, any interested party may appear in person, or by agent or attorney. Such notice shall be given not less than ten days before the date set for the hearing to all such owners who have rendered their property for city taxes, as the ownership appears on the city tax roll. Notice may be served by letter, properly addressed and with postage paid, deposited in the U.S. mail. Alternately, in locations where city tax rolls do not provide sufficient indication of property ownership, notice may be given by publishing the required information in a local daily newspaper at least 15 days prior to the date set for the hearing, which notice shall state the time and place of such hearing.

(Ord. No. 02-21, § IIB(158.56.5), 5-14-2002)

The concurring vote of four members of the board of adjustment shall be necessary to decide in favor of an application on any matter upon which the board of adjustment is required to act under the terms of this division. Likewise, the concurring vote of four members of the board of adjustment shall be necessary to reverse any decision or determination of any administrative official.

(Ord. No. 02-21, § IIB(158.56.6), 5-14-2002)

Any special exception or variance granted by the board of adjustment under the provisions of this division shall authorize the issuance of the building permit for a period of 180 days from the date of favorable action by the board of adjustment unless the board of adjustment shall have approved a longer period of time and has shown such specific longer period of time in the minutes of its action. If the building permit shall not have been applied for within such 180-day period or such extended period of time as the board of adjustment may have specifically granted, then the special exception or variance shall be deemed to have been waived, and all rights under such special exception or variance terminated, as of the expiration of the 180 days. Such termination and waiver shall be without prejudice to a subsequent appeal, and such subsequent appeal shall be subject to the same regulation and requirement for a hearing as specified in this division for the original appeal.

(Ord. No. 02-21, § IIB(158.56.7), 5-14-2002)

Any persons, jointly or severally, aggrieved by any decision of the board of adjustment or any officer, department or board of the city may present a duly verified petition to a court of record, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the date of the decision by the board of adjustment, and not after such time.

(Ord. No. 02-21, § IIB(158.56.8), 5-14-2002)

When the board of adjustment has denied a proposal, no new application of a similar nature shall be scheduled for hearing before the board of adjustment for 12 months after the date of the board of adjustment's denial unless the board of adjustment consents to the hearing. Applications which have been withdrawn at or before the board of adjustment's meeting may be resubmitted at any time for a hearing before the board of adjustment.

(Ord. No. 02-21, § IIB(158.56.9), 5-14-2002)

From time to time, the city council may amend, supplement or change, by ordinance, the boundaries of a district or the regulations established in this chapter as provided by the general laws of the state.

(Code 1995, § 158.76; Ord. No. 01-32, § V(A), 10-23-2001)

Any person or corporation having a proprietary interest in any property may initiate proceedings to consider a change in zoning on such property, or the planning and zoning commission or city council may, on its own motion, initiate proceedings to consider a change in zoning on any property. Any person may petition the city council for a change or amendment to the provisions of this chapter, or the planning and zoning commission may, on its own motion or on request from the city council, institute a study and propose changes and amendments, in the public interest.

(Code 1995, § 158.76; Ord. No. 01-32, § V(B), 10-23-2001)

Each application for zoning or an amendment or change to the existing provisions of this chapter shall be made, in writing, on a form suitable to the zoning administrator, and shall be filed with the city planning department (hereinafter referred to as the "planning staff"), and shall be accompanied by the payment of the appropriate fee to be charged by the city for administering the zoning application. The zoning application shall contain sufficient information relative to the amendment requested, including, but not limited to, a key map showing all existing zoning within 200 feet of the subject property. To ensure the submission of adequate information, the planning staff is hereby empowered to maintain and distribute a list of specific requirements for zoning applications. Upon periodic review, the planning staff shall have the authority to update such requirements for zoning application details. Upon receipt of a complete written application for zoning or a change or amendment to an existing provision of this chapter, the planning staff will set a date for a public hearing before the planning and zoning commission. Prior to the issuance of the notice of the public hearing, the applicant may, by written notice, withdraw the application or request rescheduling of the public hearing to a later regular meeting of the planning and zoning commission. After public notice is given, the applicant may withdraw the application or reschedule the public hearing only with the approval of the planning and zoning commission.

(Code 1995, § 158.76; Ord. No. 01-32, § V(C), 10-23-2001)

The planning and zoning commission may reject a request to withdraw a zoning application or reschedule the public hearing, and conduct the public hearing as notified, and take action as appropriate, within the context of the public notice provided. Notice of a public hearing shall meet or exceed the requirements of the general laws of the state. Before the 20th day before the hearing date, written notice of each public hearing before the planning and zoning commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the property on which the change in classification is proposed. The notice may be served by its deposit within the city in the United States mail, properly addressed with postage paid. If the property within 200 feet of the property on which the change is proposed is located in territory annexed to the city and is not included on the most recently approved municipal tax roll, the notice shall be given before the 20th day before the date of the hearing, and notice of the time and place of the hearing must be published in an official newspaper or newspaper of general circulation in the city. When any amendment relates to a change of a zoning regulation or the general text of this chapter, notice of the public hearing of the planning and zoning commission shall be given by publication in a newspaper of general circulation in the city without the necessity of notifying property owners by mail. The notice shall state the time and place of the hearing and the nature of the subject to be considered, which time shall not be earlier than 20 days from the date of such publication. The planning and zoning commission shall hold a public hearing on any application for any amendment or change prior to making its recommendation and report to the city council. The planning and zoning commission may establish such regulations and restrictions regarding the presentation of a zoning case at the public hearing as they may deem necessary. Following the public hearing, the planning and zoning commission may vote to approve, approve with amendments and conditions, table or deny, in whole or in part, the application. If the applicant accepts the recommendation of the planning and zoning commission, subsequent public notice shall be written as approved. If the applicant does not accept the recommendation of the planning and zoning commission, the applicant may continue his original request and subsequent public notice shall be written as originally submitted; however, any part of the request not conforming to the planning and zoning commission's recommendations shall be presumed to have been denied by the planning and zoning commission. The planning and zoning commission may table for study any zoning case for up to 90 days. When an application is denied by the planning and zoning commission, the planning and zoning commission should offer reasons to the applicant for such denial. When the planning and zoning commission denies a zoning application, it may deny the application with or without prejudice. If the planning and zoning commission shall deny the application and fail to clearly state the application is being denied with prejudice, then it shall be deemed that such application is denied without prejudice against refiling. If an application is denied with prejudice, no application may be filed for all or a part of the subject tract of land for a period of two years from the date of denial by the planning and zoning commission. If it is determined by the planning and zoning commission that there has been a sufficient change in circumstances regarding the property or in the zoning application itself, it may waive the two-year waiting period and grant a new hearing. The planning and zoning commission may deny, in whole or in part, a zoning application. The effect of denial, as defined by this division, shall only apply to the part of the request which is denied.

(Code 1995, § 158.76; Ord. No. 01-32, § V(D), 10-23-2001)

After a public hearing before the planning and zoning commission, the city secretary and city council shall be notified of any action taken by the planning and zoning commission on the application, and if the application is approved, including denials in part, by the planning and zoning commission, the city secretary shall automatically schedule a public hearing regarding the application to be held before the city council, giving notice as required by the general laws of the state. However, if the application is denied by the planning and zoning commission, the applicant may, upon his own motion within 30 days, file with the planning staff a written request that a public hearing be scheduled and held before the city council regarding the application. Upon receipt of the written request, a public hearing on the application shall be scheduled to be held before the city council, giving notice as required by the general laws of the state. A public hearing shall be held by the city council before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given by publication in a newspaper of general circulation in the city, stating the time and place of such hearing, which time shall not be earlier than 15 days from the date of publication. The public hearing may be held jointly with the public hearing conducted by the planning and zoning commission. If the city council decides to conduct a joint public hearing with the planning and zoning commission, then notice of such hearing shall be given by publication in a newspaper of general circulation in the city, stating the time and place of such hearing, which time shall not be earlier than 20 days from the date of publication. Prior to the opening of the public hearing, the applicant may request withdrawal of the application or tabling of the request to a specified future city council meeting. The city council may approve the request or open the public hearing, and following its closing, take appropriate action within the context of the public notice provided. After a public hearing is held before the city council regarding the zoning application, the city council may approve a change in zoning, as appropriate, within the context of the public notice provided. The city council may deny, in whole or in part, table or refer the application back to the planning and zoning commission for further study. If the application has been denied by the planning and zoning commission, or if a protest against the application has been filed, as more fully described in this section, then such application shall not be approved, except by a concurrence of four members of the city council. In considering a motion or upon voting to deny a zoning application, the city council may further consider whether the application shall be denied with or without prejudice against refiling. If the city council shall deny the application and fail to clearly state the application as being denied with prejudice, then it shall be deemed that such application is denied without prejudice against refiling. If the city council denies the application with prejudice, no application may be filed for all or part of the subject tract of land for a period of two years from the date of action by the city council. A zoning application denied without prejudice may be filed by the applicant or other qualified person at any time following the denial. If it is determined there has been sufficient change in the circumstances regarding the property or in the zoning application itself to permit the granting of a new hearing, the two-year waiting period may be waived by the planning and zoning commission or, on appeal, the city council. If the planning and zoning commission has, wholly or partially, denied a proposed amendment, supplement or change, or if a written protest is submitted against such change, signed by the owners of 20 percent or more of the area of the lots or land included in such proposed change, the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from the area, such amendment shall not become effective, except by the favorable vote of four members of the city council. The area of streets and alleys shall be included in such calculation and unincorporated areas are excluded from the calculation. Approval of any zoning change, amendment or supplement by the city council at the scheduled public hearing shall constitute instruction to the city staff to prepare the appropriate ordinance for final formal passage at a subsequent time. If the zoning change, amendment or supplement is finally approved by the required number of votes, the ordinance shall be executed by the mayor.

(Code 1995, § 158.76; Ord. No. 01-32, § V(E), 10-23-2001)

(a)

After holding a public hearing, if a zoning change, amendment or supplement is approved by the city council, no further application may be considered for all or part of the subject tract of land for a period of two years from the date of the city council's action, unless it is determined that there are substantive reasons to permit the waiving of the two-year waiting period and the granting of a new hearing. Such determination shall be made by the planning and zoning commission or, on appeal, the city council. Substantive reasons for waiving the two-year period include, but are not limited to:

(1)

Correction of an error;

(2)

Change of conditions affecting the property, which were not known at the time of zoning; and

(3)

Change in public plans or policies as it affects the property.

(b)

The provisions of this section shall not apply to general text changes in this chapter.

(Code 1995, § 158.76; Ord. No. 01-32, § V(F), 10-23-2001)

Any pending zoning application shall automatically expire if no action of any kind has been taken on the application by the planning and zoning commission or city council for a period of one year. If no ordinance granting zoning in accordance with this division has been adopted within six months of the date on which the city council voted approval of a zoning change, such zoning change shall be automatically placed on the city council agenda for further consideration.

(Code 1995, § 158.76; Ord. No. 01-32, § V(G), 10-23-2001)

When the planning and zoning commission is petitioned by an agency of the city, county, state, federal government or the owner of a tract of land comprising an area of not less than ten acres applies for a change in zoning from an existing residential or apartment classification to a more intense use, and whereby the provisions for off-street parking facilities, screening walls, fences or planting and open space would create a protective transition between a lesser and more restricted district, the planning and zoning commission may, within its discretion, make the following recommendations:

(1)

Recommend against the change in zoning.

(2)

Recommend a change in zoning.

(3)

Recommend that a community unit plan for the area be reviewed and, after public hearing as prescribed in division 3 of this article, grant a change in zoning subject to the conformance with an approved site plan setting forth the planning and zoning commission's recommendations as to the requirements for the paving of streets, alleys and sidewalks; means of ingress and egress to the public streets; provisions for drainage, parking spaces and street layouts; and screenings and open spaces.

(Code 1995, § 158.46(D); Ord. No. 02-21, § IB(1)(A), 5-14-2002)

A special permit granted under the provisions of section 98-121 shall be considered as an amendment to this chapter as applicable to the property. In granting the permit, the city council may impose conditions, which shall be complied with by the grantee before a certificate of occupancy may be issued for the use of the building or the property pursuant to the special permit, and the conditions shall not be construed as conditions precedent to the granting of the special permit or the change in zoning of the property, but shall be considered a precedent to the granting of a certificate of occupancy.

(Code 1995, § 158.46(E); Ord. No. 02-21, § IB(1)(B), 5-14-2002)

The provisions of this chapter shall be administered and enforced by the building official of the city or other duly authorized person.

(Code 1995, § 158.70)

Cross reference— Buildings and building regulations, ch. 78.

The building official or any duly authorized person shall have the right to enter upon any premises, at any reasonable time, prior to the completion of the building for the purpose of making inspections of the building or premises which are necessary to carry out his duties in the enforcement of this chapter.

(Code 1995, § 158.71)

Whenever any building work is being done contrary to the provisions of this chapter, the building official may order the work stopped, by notice, in writing, served on the owner or contractor doing the work, or causing the work to be done, and any such person shall forthwith stop the work until authorized by the building official to proceed with the work.

(Code 1995, § 158.72)

(a)

All applications for building permits shall be accompanied by accurate plot plans, submitted in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the exact size and location on the lot of the building and any accessory building then existing, and the lines within which the proposed building and structure shall be erected or altered; the existing and intended use of each building, or part thereof; the number of families or housekeeping units the building is designed to accommodate; and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter. One copy of the plot plans will be returned to the owner when the plans have been approved. An inspection period of as much as two weeks shall be allowed for inspection of the plans before a permit shall be issued.

(b)

All dimensions shown on the plans relating to the location and size of the lot to be built upon shall be based on an actual survey, and the lot shall be staked out on the ground before construction is begun.

(Code 1995, § 158.73)

(a)

Required. Certificates of occupancy shall be required for any of the following, and no occupancy and use or change of use shall take place until a certificate of occupancy shall have been issued by the building official:

(1)

Change in the use of a building erected or structurally altered.

(2)

Change in the use of an existing building to a use of a different classification.

(3)

Occupancy and use of vacant land.

(4)

Any change in the use of a nonconforming use.

(b)

New or existing buildings. Written application for a certificate of occupancy for a new building or an existing building which has been altered shall be made at the same time as the application for the building permit for such building. The certificate shall be issued within three days after a written request for the certificate has been made to the 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 chapter.

(c)

Use of vacant land; change in uses. Written application for a certificate of occupancy for the use of vacant land, or a change in the use of land or a building, or a change in a nonconforming use, as provided in this section, shall be made to the building official, and if the proposed use is in conformity with the provisions of this chapter, the certificate of occupancy shall be issued within three days after the application for such certificate has been made. The fee for the certificate of occupancy shall be as established by the city council and on file in the city secretary's office.

(d)

Contents; records. 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 official or his agent, and copies shall be furnished, upon request, to any person having proprietary or tenancy interest in the building or land affected.

(e)

Nonconforming uses. A certificate of occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of this chapter. Application for a certificate of occupancy for a nonconforming use shall be filed with the building official by the owner or lessee of the building or land occupied by the nonconforming use within one year of the effective date of the ordinance from which this chapter is derived. It shall be the duty of the building official to issue a certificate of occupancy for a lawful nonconforming use, but failure to apply for the certificate of occupancy for a nonconforming use, or refusal of the building official to issue a certificate of occupancy for the nonconforming use, shall be evidence that the nonconforming use was either illegal or did not lawfully exist at the effective date of the ordinance from which this chapter is derived.

(Code 1995, § 158.75)