The city manager shall appoint the zoning administrator, to administer the provisions of this chapter and in furtherance of such authority, the zoning administrator shall:

(a)

Records. Maintain permanent and current records with respect to this chapter, including amendments thereto in accordance with the charter of the city and applicable state law.

(b)

Applications. Receive, file, and review all zoning applications to determine whether such plats comply with this chapter.

(c)

Commission. Forward zoning applications to the commission as required by this chapter, 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 chapter, the commission or the council; and enforce and implement this chapter and the final decisions by the commission and city council.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2012-34, § 3, 11-8-12)

In the interpretation and application of the terms and provisions of this chapter, the following regulations shall govern:

(a)

Liberally construed. In the city's interpretation and application, the provisions of this chapter shall be regarded as minimum requirements for the protection of the public health, safety, comfort, convenience, prosperity, morals and welfare. This chapter shall be regarded as remedial and shall be liberally construed to further its underlying purposes.

(b)

Highest standards govern. Whenever a provision of this chapter and any other provision of this chapter, 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 chapter, a written decision setting forth the manner in which said provision shall be interpreted and administered is encouraged. The zoning administrator shall write these interpretations and maintain them in a file available for public review. In the event any interested party takes exception to such a decision the matter may be appealed to the board of adjustment 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 chapter until such time as an amendment of this chapter shall nullify such decision, or the decision is over-ruled or rescinded by the city council.

(e)

State law. The terms, provisions and conditions of this chapter shall be interpreted and applied in a manner consistent with state law and V.T.C.A., Local Government Code ch. 211.

(f)

Master plan. All zoning applications shall conform to the master plan for the community and be consistent with all of the elements thereof.

(1)

Where the proposed zoning application is inconsistent with one 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.

(2)

Where the proposed zoning is for a zoning district or category provided for in this chapter but that is not included on the master plan existing on the date of this chapter, 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 chapter.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2012-34, § 3, 11-8-12)

(a)

Established. A board of adjustments (hereafter in this section, the "board") is established in accordance with the provisions of V.T.C.A. Local Government Code, ch. 211 and the Home Rule Charter of the City of Burnet, regarding the zoning of cities and with the powers and duties as provided in said code.

(b)

Members. The board shall consist of five members appointed by city council.

(c)

Alternates. City council may appoint up to two alternate members to serve in the absence of one or more regular members at the request of the mayor or city manager.

(d)

Term. Members and alternate members shall serve two-year terms. Vacancies in the term of a member or alternate member shall be filled for the unexpired term. A member or alternate member may only be removed from the board, before the expiration of a term for cause, as found by city council on a written charge after a public hearing.

(e)

Scope of authority. The board may hear and decide:

(1)

Special exceptions. In appropriate cases and subject to appropriate conditions and safeguards, the board may make special exceptions to the terms of the zoning ordinance that are consistent with the general purpose and intent of the zoning ordinance and in accordance with any applicable rules contained in the zoning ordinance.

(2)

Appeals. The board may hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by zoning administrator in the enforcement of V.T.C.A. Local Government Code Chapter 211, subchapter A or the zoning ordinance.

(3)

Variances. The board may authorize in specific cases a variance from the terms of the zoning ordinance if the variance:

a.

Is not contrary to the public interest; and

b.

Is not contrary to the spirit of the zoning ordinance; and

c.

Is necessary for substantial justice to be done; and

d.

Is necessary due to special conditions, which causes a literal enforcement of the regulation to result in unnecessary hardship. To find unnecessary hardship exists the board must affirmatively find:

1.

The hardship is in no way the result of the applicant's own actions; and

2.

Special conditions exist of restricted area, topography or physical features that are peculiar to the subject property and are not applicable to other properties in the same zoning district; and

3.

The application of the regulation to the subject property deprives the applicant of rights commonly enjoyed by other properties in the same zoning district that are in compliance with the same regulation.

d.

Other matters. The board may hear and decide other matters authorized by the zoning ordinance.

e.

Airport zoning board of adjustment. Pursuant to, and in accordance with the requirements of, V.T.C.A. Local Government Code ch. 241, subchapter C, and City Code Chapter 18, article IV, the board shall serve as the airport board of adjustment and hear and decide an appeal of an order, requirement, decision, or determination of the airport's administrative agency; matters on which the board is required to pass under an airport zoning regulation; or a request variation in an airport zoning regulation.

(f)

Quorum. Each case before the board must be heard by at least 75 percent of the members.

(g)

Rules. The board, by majority vote, shall adopt rules in accordance with the zoning ordinance; City Code Chapter 18, article IV; V.T.C.A. Local Government Code ch. 211, subchapter A and V.T.C.A. Local Government Code ch. 241, subchapter C. The adopted rules shall become effective upon approval by city council.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2021-18, § 1, 6-8-21)

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 chapter and all applicable elements of the master plan, except as herein exempted, or upon the written application and approval of a variance.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

(a)

Policy and application. Certificates of occupancy shall be required for any of the following:

(1)

Occupancy and use of any structure or building hereafter erected or structurally altered, unless otherwise required.

(2)

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

(3)

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 therefore shall have been issued by the city building official.

(b)

Procedure.

(1)

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 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 chapter and all applicable city codes and ordinances.

(2)

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 chapter, the certificate of occupancy shall be issued within three 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 on 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 months, during the completion of alterations or during partial occupancy of a building pending its completion. In extreme circumstances, the director of planning and development may approve one extension, of an additional six months, to the temporary certificate of occupancy. 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 chapter.

(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 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 year of the effective date of this chapter. 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 chapter.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

To defray the costs of administering this chapter, the applicant seeking plat approvals, variances, zoning changes, special exceptions or other permits 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 attached as appendix A. When applications require review, actions or inspections by an engineer or the city attorney, such reasonable and necessary costs shall be reimbursed from the applicant to the city.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

The council may, from time to time, adopt, amend and make public rules and regulations for the administration of this chapter. This chapter may be enlarged or amended by the council after public hearing, due notice of which shall be given as required by law.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

Except as otherwise provided for in this chapter, 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 chapter.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

(a)

Administrative action. The zoning administrator, city engineer and/or the city administrator shall enforce this chapter 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 chapter 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 chapter, 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 chapter.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2012-34, § 3, 11-8-12)