The provisions of this article shall be administered and enforced by the building official of the city.

(1)

The building official or his duly authorized representative 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 article.

(2)

Whenever any construction work is being done contrary to the provisions of this article, the building official 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 in writing by the building official to proceed with the work.

(Code 1998, § 126-21; Ord. No. 816, § 1, 8-14-2007)

An application for a zoning district change shall be accompanied by a nonrefundable fee in the amount of $300.00. An appeal to the zoning board of adjustments or an application for variance shall be accompanied by a nonrefundable fee of $200.00.

(Code 1998, § 2-214; Ord. No. 847, § 1, 6-10-2008; Ord. No. 1169, § 5, 7-17-2018)

There is hereby created a zoning board of adjustments, consisting of five members, each to be appointed by the city council for a term of two years and removable for cause by the appointing authority. In addition, there shall likewise be appointed four alternate members of the zoning board of adjustments, who shall serve in the absence of one or more regular members when requested to do so by the building official. The four alternate members shall serve for the same term as the members, their vacancies shall be filed in the same manner, and they shall be subject to removal as the members. The zoning board of adjustments shall have the power granted by and controlled by the provisions of V.T.C.A., Local Government Code § 211.009.

(Code 1998, § 126-31; Ord. No. 816, § 1, 8-14-2007; Ord. No. 1169, § 5, 7-17-2018)

The board of adjustment is hereby vested with power and authority in appropriate cases and subject to appropriate conditions and safeguards to make such exceptions to the terms of this chapter in harmony with its general purpose and intent and in accordance with general or special rules herein contained for the purpose of rendering full justice and equity to the general public. The board shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the building official in the enforcement of this chapter.

(2)

In exercising its powers the board may, in conformity with the provisions of this section and V.T.C.A., Local Government Code § 211.009, revise or reform, wholly or partly, or may modify the order, requirement, decision or determination appealed from and made such order, requirement, decision or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken.

(3)

To authorize upon request in special cases, such variances from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, the 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; however, in no event shall the board of adjustment grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use, expressly or implicitly, prohibited by the terms of this chapter in the district.

(4)

To hear and decide such appeals, requests for variances, special exceptions, or other matters, whether related to this chapter or not, as assigned to this board by city council.

(Code 1998, § 126-32; Ord. No. 816, § 1, 8-14-2007; Ord. No. 1169, § 5, 7-17-2018; Ord. No. 1178, § 1, 12-18-2018)

State Law reference— Power and authority of the board of adjustment, V.T.C.A., Local Government Code § 211.009.

In exercising its authority under this division, the zoning board of adjustments may reverse or affirm, in whole or in part, or modify the building official's order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination; and for that purpose the board has the same authority as the administrative official.

(Code 1998, § 126-33; Ord. No. 816, § 1, 8-14-2007; Ord. No. 1169, § 5, 7-17-2018)

The concurring vote of 75 percent of the members of the board of adjustment is necessary to:

(1)

Reverse an order, requirement, decision or determination of the building official made under this chapter;

(2)

Decide in favor of an applicant on a matter on which the board is required to pass under this chapter; or

(3)

Authorize a variance from the terms of this chapter.

(Code 1998, § 126-34; Ord. No. 816, § 1, 8-14-2007; Ord. No. 1169, § 5, 7-17-2018; Ord. No. 1178, § 2, 12-18-2018)

State Law reference— Similar provisions, V.T.C.A., Local Government Code § 211.009(c).

(a)

Scope. Special exceptions are deviations from otherwise applicable operational performance standards and supplement regulations where development is proposed that would be:

(1)

Compatible with surrounding land uses;

(2)

In keeping with the public interest; and

(3)

Consistent with the purposes of this chapter.

(b)

Approval criteria. The board of adjustment may issue special exceptions only in those instances specifically allowed by this section. The board of adjustment may not issue or modify a special exception unless all of the following circumstances are present:

(1)

The board of adjustment has made an affirmative finding that the proposed special exception will:

a.

Ensure the same general level of land use compatibility as the otherwise applicable standards;

b.

Not materially and adversely affect adjacent land uses and the physical character of uses in the immediate vicinity of the proposed development;

c.

Not adversely affect the convenience, safety, and general welfare of the public; and

d.

Be generally consistent with the purposes and intent of this chapter.

(2)

The board of adjustment has made any additional findings and determinations required by a specific provision of this chapter.

(3)

The special exception has been reduced to writing and includes any conditions prescribed by the board of adjustment or required by this chapter for the special exception in question.

(c)

Burden of proof. The applicant has the burden of presenting evidence to the board of adjustment and persuading the board of adjustment that:

(1)

Each circumstance required for a special exception is present; and

(2)

Each required finding and determination is supported by substantial evidence.

(c)

Conditions; time period. The board of adjustment may prescribe conditions in connection with any special exception to the extent necessary to enable the board of adjustment to make any of the findings or determinations necessary for the granting or issuance of the special exception or to the extent otherwise necessary to minimize or diminish any adverse effects of the special exception. Special exceptions may be issued for a temporary period. All special exceptions shall remain subject to the regulatory jurisdiction of the city, and none shall be deemed to grant any property right or vested right of any kind.

(d)

Notice and public hearing. The board of adjustment shall hold a public hearing for consideration of the special exception request. Written notice of the public hearing shall be sent to owners of real property lying within 200 feet of the property on which the special exception is proposed. Such notice shall be given not less than ten days before the date set for hearing to all such owners as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the United States mail. Notice of such hearing shall also be given by publication one time in an official newspaper or in a paper of general circulation in the city, stating the time and place of such hearing, before the 15th day before the date of the hearing.

(e)

Application and fee. An application for a special exception shall be made in writing using forms prescribed by the city and shall be accompanied by a nonrefundable fee in the amount of $200.00.

(Ord. No. 2024-08-20-05, § 1, 8-20-2024)

The city council may from time to time amend, supplement or change by ordinance the boundaries of the districts or the regulations established in this division.

(Code 1998, § 126-41; Ord. No. 816, § 1, 8-14-2007)

Before taking action on any proposed amendment, supplement or change, the city council shall submit the proposed revision to the zoning commission for its recommendation and report.

(Code 1998, § 126-42; Ord. No. 816, § 1, 8-14-2007)

(a)

Zoning commission. The zoning commission shall make a preliminary report and hold a public hearing thereon before submitting its final report. Written notice of all public hearings before the zoning commission on proposed changes in classification shall be sent to owners of real property lying within 200 feet of the property on which the change in classification is proposed. Such notice shall be given not less than ten days before the date set for hearing to all such owners as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the United States mail. Where property lying within 200 feet of the property proposed to be changed is located in territory which was annexed to the city after the date of the last approved city tax roll, notice to such owners shall be given by publication in the manner provided in subsection (b)(2) of this section.

(b)

City council.

(1)

After receipt of the final report from the zoning commission, a public hearing shall be held by the city council before adopting any proposed amendment, supplement or change.

(2)

Notice of such hearing shall be given by publication one time in an official newspaper or in a paper of general circulation in the city, stating the time and place of such hearing, before the 15th day before the date of the hearing.

(3)

However, the city council may, after giving published notice required herein, hold such public hearing jointly with the zoning commission; but the city council shall not take action until it has received the final report form the zoning commission.

(Code 1998, § 126-43; Ord. No. 816, § 1, 8-14-2007)

State Law reference— Notice of public hearings, V.T.C.A., Local Government Code § 211.006.

In the event of a written protest against such proposed amendment, supplement or change, signed by the owners of 20 percent or more either of the area of the lots or land included in such proposed change or of the lots or land immediately adjoining the same and extending 200 feet therefrom, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the city council.

(Code 1998, § 126-44; Ord. No. 816, § 1, 8-14-2007)

State Law reference— Similar provisions, V.T.C.A., Local Government Code § 211.006(d).

A specific use permit shall be required before any of the uses described in the respective district regulations as specific uses will be permitted within the applicable district. A specific use permit is an amendment to the district regulations and permits the permanent establishment of a specific use within a zoning district.

(Code 1998, § 126-45(a); Ord. No. 816, § 1, 8-14-2007)

(a)

A person may file an application for specific use permit in writing with the zoning official accompanied by a nonrefundable fee in the amount of $300.00. The application shall include, but not be limited to, the following:

(1)

The applicant's name and address;

(2)

The legal description and address of the property that is the subject of the application;

(3)

A detailed description of the use that is proposed;

(4)

The zoning district in which the subject is located; and

(5)

The written consent of the owners of the subject property, if the applicant is not the owner.

(b)

An application for specific use permit shall be subject to the same procedures as those provided for the amendment of zoning district boundaries.

(Code 1998, § 126-45(b), (c); Ord. No. 816, § 1, 8-14-2007)

(a)

In determining whether a specific use permit shall be granted, the zoning commission and the city council shall consider uses of abutting property and other property in the vicinity, the compatibility of the proposed specific use with abutting and area land uses, the character of the neighborhood, accessibility for vehicular and pedestrian traffic and the adequacy of drainage and off-street parking.

(b)

In granting a specific use permit, the city council may impose such additional standards, conditions and safeguards as may be deemed necessary and appropriate, and compliance with such conditions shall be a condition precedent to the issuance of a certificate of occupancy.

(Code 1998, § 126-45(d), (e); Ord. No. 816, § 1, 8-14-2007)

No building or other structure shall be erected, moved, added to or structurally altered without a permit therefor issued by the building official. No building permit shall be issued by the building official except in conformity with the provisions of this division unless he receives a written order from the zoning board of adjustments in the form of an administrative review, variance or special exception as provided by this division.

(1)

Application for building permit. All applications for building permits shall be accompanied by an accurate plot plan and such other plans as may be necessary to show compliance herewith, submitted in duplicate, and drawn to scale, showing:

a.

The actual shape and dimensions of the lot to be built upon.

b.

The exact sizes and locations on the lot of the buildings and accessory buildings then existing.

c.

The lines within which the proposed building and structure shall be erected or altered.

d.

The existing and intended use of each building or part of building.

e.

Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this division.

(2)

One copy of all submitted plans will be returned to the owner when such plans have been approved. All dimensions shown on plans relating to the location and size of the lot to be built upon shall be based on an actual survey by a registered public surveyor (registered in the state), and the lot shall be staked out on the ground before construction is started.

(Code 1998, § 126-51; Ord. No. 816, § 1, 8-14-2007; Ord. No. 1169, § 5, 7-17-2018)

This division is not intended to abrogate or annul:

(1)

Any permits issued before the effective date of this division.

(2)

Any easement, covenant or any other private agreement that imposes more stringent regulations or requirements than this division.

(Code 1998, § 126-52; Ord. No. 816, § 1, 8-14-2007)

Nothing in this division nor in any amendments to this division that change district boundaries shall require any change in the plans, construction or designated use of a building for which application for permit was made prior to the effective date of the ordinance from which this division is derived.

(Code 1998, § 126-53; Ord. No. 816, § 1, 8-14-2007)

Before occupancy, or change of use, a certificate of occupancy and/or a certificate of completion shall be required upon substantial completion for any of the following:

(1)

Occupancy and use of a building erected or structurally altered.

(2)

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

(Code 1998, § 126-61; Ord. No. 816, § 1, 8-14-2007; Ord. No. 1120, § 1(1), 11-15-2016)

Written application for a certificate of occupancy for a new building or for an existing building that is to be altered shall be made at the same time as the application for the building permit for such building. This certificate shall be issued within three working days after a written request for a 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 division.

(Code 1998, § 126-62; Ord. No. 816, § 1, 8-14-2007)

Written application for a certificate of occupancy or for a change in use, shall be made to the building official. If the proposed use is in conformity with the provisions of this division, the certificate of occupancy, therefore, shall be issued within ten working days after the application for the certificate has been made.

(Code 1998, § 126-63; Ord. No. 816, § 1, 8-14-2007; Ord. No. 1120, § 1(2), 11-15-2016)

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 on request to any person having proprietary or tenancy interests in the building or land affected.

(Code 1998, § 126-64; Ord. No. 816, § 1, 8-14-2007)