Territory annexed to the city shall be:

In an area temporarily classified as district R, single-family and two-family residential, no permit for the construction of a building or use of land other than types of buildings or land use allowed in that district under this article shall be issued by the code enforcement officer until such permit has been specifically authorized by the city council after receipt of recommendation from the planning and zoning commission. Permits for the construction of buildings in a newly annexed territory prior to permanent zoning may be authorized under the following conditions: An application for any use shall be made to the code enforcement officer, the application to show the use contemplated, and a plat showing the size and type of buildings to be constructed; and if such application is for other than a building allowed in district R, single-family and two-family residential, it shall be referred to the planning and zoning commission for recommendation to the city council, which shall grant or deny the permit; provided that a favorable vote of a three-fourths majority of all the members of the city council shall be required if the recommendation of the planning and zoning commission is not followed.

The planning and zoning commission shall not approve any plat or any subdivision within the city limits until the area covered by the proposed plat shall have been permanently zoned by the city council.

There is created a board of adjustment. The board of adjustment shall act in a quasi-judicial capacity. The composition and activities of the board shall be in accordance with V.T.C.A., Local Government Code ch. 211 and any additional duties or activities that may be assigned to the board by the city. The board shall be composed of five regular members and two alternate members, all of whom shall be residents of the city, nominated by the mayor and confirmed by the city council. Alternate members shall serve in the absence of regular board members. Each appointed member of the board shall hold that office for a period of two years or until his successor takes office. The members of the board shall be appointed solely with reference to their fitness and without reference to party affiliation and shall serve without compensation. Members may be removed by the city council only for inefficiency, neglect of duty or malfeasance in office. Vacancies occurring other than through the expiration of terms shall be filled only for the unexpired term by the mayor with confirmation by the city council.

The board of adjustment shall elect a chairperson and an associate chairperson and may create and fill other offices as may be deemed necessary. The term of the chairperson and associate chairperson shall be for one year with eligibility for reelection.

The board of adjustment shall hold meetings as necessitated by requests for rulings on ordinance interpretation and variances. Such meeting shall be open to the public.

The board shall adopt rules of operation and shall keep a record of its resolutions, transactions, findings and determinations, which shall become items of public record.

Any of the following persons may appeal to the board of adjustment a decision made by the code enforcement officer:

Four members of the board of adjustment shall be required for the transaction of business.

Appeals may be taken to and before the board of adjustment by any person aggrieved, or by any officer, department, board or bureau of the city. Such appeal shall be made by filing with the office of the board a notice of appeal and specifying the grounds of appeal. The office or department from which the appeal is taken shall forthwith transmit to the board of adjustment all of the papers constituting the record upon which the action appealed from was taken.

An appeal shall stay all proceedings in furtherance of the action appealed from unless the code enforcement officer shall certify to the board of adjustment that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board of adjustment or by a court of equity, after notice to the officer from whom the appeal is taken and on due cause shown.

The board shall fix a reasonable time for the hearing of the appeal or other matter referred to it and shall mail notices of such hearing to the petitioner and to the owners of property lying within 200 feet of any point of the lot or portion on which a variation is desired, and to all other persons deemed by the board to be affected, such owners and persons being determined according to the current tax rolls of the city; and depositing of such written notice in the mail shall be deemed sufficient compliance.

The board shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The board may reverse or affirm, wholly or partly or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end shall have all powers of the officer or department from whom the appeal is taken.

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.

The board shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the code enforcement officer in the enforcement of this article.

The board shall have the power to hear and decide special exceptions to the terms of this article upon which the board is required to pass as follows or elsewhere in this article:

The board shall have the power to authorize upon appeal in specific cases such variance from the terms of this article as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this article will result in unnecessary hardship, and so that the spirit of this article shall be observed and substantial justice done, including the following:

The board shall have no authority to change any provisions of this article and its jurisdiction is limited to hardship and borderline cases which may arise from time to time.

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

The provisions of this article shall be administered and enforced by the code enforcement officer of the city.

The code enforcement officer or any duly authorized person 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.

Whenever any construction work is being done contrary to the provisions of this article, the code enforcement officer 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 by the code enforcement officer to proceed with the work.

The code enforcement officer shall be the designated authority charged with the administration and enforcement of this article. The city manager shall serve in this capacity. The code enforcement officer may also serve as the staff advisor to the city council, planning and zoning commission, board of adjustment, city staff and citizens relating to the administration, interpretation, implementation and enforcement of the provisions of this article.

The code enforcement officer shall have the following duties:

All applications for building permits shall be accompanied by accurate plot plans, submitted in duplicate, drawn to scale, showing:

One copy of such plot plans will be returned to the owner when such plans have been approved. An inspection period of as much as two weeks shall be allowed for inspection of plans before a permit shall be issued.

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 by a qualified registered surveyor, and the lot shall be staked out on the ground before construction is started.

Any permits issued before the effective date of this article.

Any easement, covenant or any other private agreement.

Nothing in this article nor in any amendments to this article which change district boundaries shall require any change in the plans, construction or designated use of a building which shall be completed in its entirety within two years from April 26, 1999, provided such building was authorized by building permit before April 26, 1999, and further provided construction shall have been started within 90 days of April 26, 1999.

Commitments with reference to construction for public utility buildings and other municipal buildings and facilities necessary for proposed expansion of the city made prior to April 26, 1999, shall be observed.

Certificates of occupancy shall be required for any of the following:

No such occupancy, use or change of use shall take place until a certificate of occupancy shall have been issued by the code enforcement officer.

Within the districts established by this article or amendments to this article, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this article was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not conform to the regulations of the district in which they are located. It is the intent of this section to permit such nonconformance to continue, under regulations contained in this section, until they are removed, but not to encourage their survival. Nonconforming uses are declared to be incompatible with the permitted uses in the districts involved.

It is further the intent of this section that nonconforming uses shall not be enlarged upon, expanded or extended, nor be used as a basis for adding other structures or uses prohibited elsewhere in the same district. Except as provided in this section, no nonconforming use of land or buildings nor any nonconforming structure shall be enlarged, changed, altered, or repaired except in conformity with the regulations contained in this section.

Any use or structure which does not conform with the regulations contained in the zoning district in which it is located is deemed to be a legal nonconforming use when:

The lawful use of land existing on April 26, 1999, although it does not conform to the provisions in this article, may be continued until termination is required in accordance with the provisions of this section. During the period between designation as a nonconforming land use activity and notification of a prescribed termination date, if discontinuance occurs, any future use of the premises must be in conformity with the general provisions of this article.

A legal nonconforming use, when discontinued or abandoned, cannot be resumed. Prima facie evidence of discontinuance or abandonment is as follows:

Nonconforming lots which do not meet the minimum area, width or depth requirements for the district wherein they are located may be used and developed if the planning and zoning commission finds that all other requirements of this article are fulfilled.

It shall be the responsibility of the owner, operator or occupant to provide proof that a nonconforming structure or use of land or building existed prior to April 26, 1999.

Nothing in this section shall prevent the restoration of a building destroyed by fire, explosion, other casualty, act of God or a public enemy, nor the continued occupancy or use of such a building or part which existed at the time of such destruction. However, except for manufactured homes, this allowance for the restoration of damaged nonconforming property has no bearing on an approved amortization schedule for the termination of nonconformance as described in this section.

No nonconforming use or structure may be substituted for any other nonconforming use or structure. Only the exact type of nonconforming use which existed on the property on April 26, 1999, or uses permitted by right, or approved conditional uses may be substituted for nonconforming uses or structures.

No nonconforming use or structure may be extended or enlarged and no nonconforming use of land may be enlarged or increased to occupy a greater area of land than was occupied at the time the site achieved nonconforming status.

The sale or lease of a legally nonconforming parcel of property or structure shall in no way limit the use of that property or structure for its legally nonconforming use or activity; however, all other provisions of this section and this article shall apply.

The code enforcement officer shall be responsible for the production of an annual survey and report on the status of zoning nonconformance in the city. The officer’s report shall be sent to the planning and zoning commission at its first regular meeting of the official municipal year. The commission shall review the report and shall approve or reject the certification of each site that the officer has identified as being nonconforming. Once certified by the commission as legally nonconforming, a site shall be given an alphanumeric designation for future reference.

The right to use a parcel of land or a structure in a nonconforming manner shall terminate under any of the following circumstances: