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Clute City Zoning Code

ARTICLE VII

- ADMINISTRATION AND ENFORCEMENT; BUILDING PERMITS AND CERTIFICATES OF ZONING COMPLIANCE2


Footnotes:
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Cross reference— Administration, ch. 2.


Sec. 7.1. - Administration and enforcement.

An administrative official designated by the city council shall administer and enforce this ordinance. He may be provided with the assistance of such other persons as the city council may direct.

If the administrative official shall find that any of the provisions of this ordinance are being violated, he shall notify the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions.

Whenever the regulations adopted by this ordinance may impose higher standards than are required by any standard code or amendments thereto adopted by or contained in chapter 22 of the Code of Ordinances, City of Clute, Texas, the provisions of this ordinance shall govern. Whenever the provisions of any standard code or amendments thereto adopted by or contained in chapter 22 of the Code of Ordinances, City of Clute, Texas, impose higher standards than are required by the regulations of this ordinance, the provisions of such standard code and amendments thereto shall govern.

(Ord. No. 79-22, § 2(8), 8-9-79)

Sec. 7.2. - Building permits required.

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

Sec. 7.3. - Application for building permit.

All applications for building permits shall be accompanied by plans in triplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by administrative official, including existing or purposed building or alteration; existing or proposed use of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this ordinance. Building permits in general flood hazard districts XVI through XXI shall require a certificate by a registered professional engineer or other qualified person that the lot grading, building floor elevation, flood proofing or other flood protection measures are accomplished in compliance with the provisions of this ordinance.

One copy of the plans shall be returned to the applicant by the administrative official, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The original and one copy of the plans, similarly marked, shall be retained by the administrative official.

Three copies of the permit and a placard will be made, with one copy of the permit and the placard being issued to the applicant. The placard will be posted in a prominent location at the job site of permitted work until completion of the work.

(Ord. No. 79-22, § 2(9), 8-9-79)

Sec. 7.4. - Certificates of zoning compliance for new, altered, or nonconforming uses.

It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the administrative official stating that the proposed use of the building or land conforms to the requirements of this ordinance.

No nonconforming structure or use shall be renewed, changed, or extended until a certificate of zoning compliance shall have been issued by the administrative official. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this ordinance.

No permit for erection, alteration, moving, or repair of any building shall be issued until an application has been made for a certificate of zoning compliance, and the certificate shall be issued in conformity with the provisions of this ordinance upon completion of the work.

A temporary certificate of zoning compliance may be issued by the administrative official for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.

The administrative official shall maintain a record of all certificates of zoning compliance, and a copy shall be furnished upon request to any person.

Failure to obtain a certificate of zoning compliance shall be a violation of this ordinance and punishable under article XVI of this ordinance.

Sec. 7.5. - Expiration of building permit.

If the construction described in any building permit (other than dirt work) has not begun within 120 days from the date of the issuance thereof, the building permit shall expire. The building official may continually renew the permit upon request of the permittee if such request is made within two weeks from the last expiration date, each such renewal to be for a period of 30 days from the last expiration date.

(Ord. No. 79-22, § 2(10), 8-9-79)

Sec. 7.6. - Construction and use to be as provided in applications, plans, permits, and certificates of zoning compliance.

Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this ordinance, and punishable as provided by article XVI hereof.