The zoning administrator shall be appointed by the mayor and approved by city council. The zoning administrator shall administer the provisions of the city's zoning regulations. These duties include, but are not limited to:

(1)

Receiving, reviewing and processing all applications for amendments to the zoning regulations, including variances, and special exceptions, that may, from time to time, be submitted to the city, in accordance with the state local government code and this chapter;

(2)

Serving as support staff to the mayor, city council, planning and zoning commission, and the board of adjustment regarding land development and zoning matters;

(3)

Upon request, appearing on behalf of the city at public hearings under this chapter before the city council, planning and zoning commission, and the board of adjustment, and presenting facts and information as required by this chapter and as requested by each of said bodies;

(4)

Establish administrative procedures and maintaining all records related to zoning matters brought before the city council, planning and zoning commission, and the board of adjustment;

(5)

Assisting the city secretary in maintaining the official zoning district map and maintaining copies of all maps and plans that provide documentation for planning and zoning or that are otherwise required by this chapter;

(6)

Serving as the enforcement officer to ensure compliance with this chapter; and

(7)

Performing such other duties as are required or prescribed under this chapter.

(Code 1999, § 17.44.010)

The city council hereby elects to exercise its powers authorized by V.T.C.A., Local Government Code ch. 211, and this chapter, through a commission on planning and zoning. Any reference in law to a municipal zoning commission or planning commission shall mean the planning and zoning commission of the city.

(Code 1999, § 17.44.020)

(a)

Zoning permits. No building permit shall be issued by the city unless the application for same has been first approved by the zoning administrator, and a zoning permit issued which states that there is compliance with the requirements, regulations and provisions of this chapter.

(b)

Certificate of occupancy. No building hereafter erected or structurally altered, and no land hereafter occupied or used shall be used, occupied or changed in use, and no building previously erected or land occupied or used shall be changed in use, until a certificate of occupancy has been issued by the zoning administrator, stating that the building or proposed use of a building or premises complies with the requirements, regulations and provisions of this chapter.

(Code 1999, § 17.44.040)

(a)

A nonconforming use is a use which was lawfully established and maintained at the time of passage of the ordinance from which this section is derived, but which (because of the application of this chapter to it) no longer conforms to the use regulations of the zoning district in which it is located as provided by this chapter. A nonconforming building or a nonconforming portion of a building shall be deemed to constitute a nonconforming use of land upon which it is located.

(b)

Nonconforming uses are regulated as follows:

(1)

They may be continued;

(2)

They may not be expanded or structurally altered.

(c)

A nonconforming use may be changed to another use of a more restrictive district. If a nonconforming use is changed to a use permitted in a more restricted district or to a conforming use, it shall not then later be changed back to a use of the original less restrictive district.

(d)

If a nonconforming use of any structure or premises is discontinued for a period of one year, then the use of the same shall thereafter conform to the requirements of the district in which it is located.

(Code 1999, § 17.44.050)

The board of adjustment shall have the power to hear and decide special exceptions to the terms of this ordinance in instances where the board of adjustment is delegated the authority to do so. The special exception shall be granted where the board determines the conditions have been met.

These exceptions are:

(1)

To consider and permit the erection of accessory buildings within the required rear and side building lines in the R-1 zoning district where the board of adjustment finds:

a.

The subject property is an existing lot which adjoins a single R-1 zoned lot and is surrounded by public rights-of-way or public open or park space along the remaining property lines;

b.

The erection of the accessory building does not conflict with the requirements of the zoning and other effective ordinances, excepting the required rear and side building lines; and

c.

The erection of the accessory building will not inhibit fire protection for the main dwelling unit and neighboring dwelling units, as determined by the fire marshal.

(Ord. No. 2015-06, § 2, 7-21-2015

The board of adjustment is authorized upon appeal from the decision of the zoning administrator to grant 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 this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done.

(Code 1999, § 17.44.070)

Any special exception or variance authorized by the board of adjustment shall constitute authority to authorize the issuance of a zoning permit or a certificate of occupancy, as the case may be, if applied for within 120 days from the date of favorable action on the part of the board of adjustment, unless such board authorizes a longer period. If the zoning permit or certificate of occupancy shall not have been applied for within said 120-day period, or such extended period as the board of adjustment may have authorized, then the grant of the special exception or variance shall terminate. Such termination shall be without prejudice to a subsequent application to said board of adjustment in accordance with the rules and regulations regarding applications. No application to the board of adjustment shall be allowed on the same piece of property prior to the expiration of six months from a ruling of the board of adjustment on any application to such body; unless other property in the same block or within 500 feet thereof (within such six-month period) has been altered or changed by a ruling of the board of adjustment, in which case such change of circumstances shall permit the allowance of such an application but shall in no way have any force in law to compel the board of adjustment, after a hearing, to grant such subsequent application, but such application shall be considered on its merits as in all other cases.

(Code 1999, § 17.44.080)

(a)

Authority. The city council may, from time to time, create, amend, supplement, or change by ordinance the boundaries of any district or regulation herein established.

(b)

Planning and zoning commission report. Before taking action on any proposed creation, amendment, supplement, or change by ordinance of a district boundary or regulation, the city council shall first receive a final recommendation and report from the planning and zoning commission regarding the proposed ordinance. The planning and zoning commission shall make its report within 30 days following the close of the joint public hearing.

(c)

Joint public hearing. A public hearing shall be held jointly by the city council and the planning and zoning commission before adopting any ordinance creating, amending, supplementing, or changing a zoning regulation or district boundary established by this chapter. Parties in interest and citizens shall be provided an opportunity to be heard during the public hearing.

(d)

Notice of public hearings. At least 15 days prior to the date of any joint public hearing held pursuant to subsection (c) of this section, notice of the time and place of the hearing shall be published in the official newspaper of the city, or a newspaper having general circulation in the city. Additionally, if the ordinance being considered at the joint public hearing relates to a change in a zoning classification, written notice of the public hearing shall be sent to each owner, as indicated by the most recently approved city tax roll, of real property within 200 feet of the property on which the change in classification is proposed. Such written notice may be served by depositing it in the city, properly addressed with postage paid in the United States Mail.

(e)

Protest. If a proposed change to a regulation or boundary is protested by a written petition, signed by the owners of at least 20 percent of either the area of the lots or land covered by the proposed change, or the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area, the proposed change, in order to take effect, must receive the affirmative vote of at least three-fourths of all members of the city council.

(Code 1999, § 17.44.090)

(a)

Misdemeanor and fine. Any person or corporation who shall violate any of the provisions, requirements and regulations of this chapter or fail to comply with any of the requirements thereof, or who shall build, use or alter any building, or use any land, structure, or building in violation of any statement or plan submitted and approved hereunder, or in a manner not permitted by a certificate of occupancy or other permit required in said chapter, shall be guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2,000.00. Each day such violation exists shall constitute a separate offense.

(b)

Other remedies, including injunctive relief. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter, the proper authorities of the city in addition to other remedies may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.

(Code 1999, § 17.44.100; Ord. No. 2004-04, § 5, 2-17-2004)