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Crockett City Zoning Code

ARTICLE 6

- ADMINISTRATION

Section 601. - Zoning enforcement officer.

The duties and powers of the zoning enforcement officer include:

1.

Presenting facts and information about zoning permits, problems, or appeals to the board of adjustment, planning and zoning commission or city council.

2.

Receiving and reviewing all applications of zoning permits and certificates of occupancy; approving or disapproving such application; issuing zoning permits and certificates of occupancy.

3.

Maintaining and updating the zoning maps.

4.

Maintaining a record of all actions taken in connection with administering this ordinance.

5.

Instituting all legal proceedings as the city council authorizes to enforce compliance with the ordinance.

Section 602. - Certificate of occupancy.

1.

No vacant land shall be occupied or used except for agricultural or single-family residential purposes until a certificate of occupancy shall have been issued by the code enforcement officer.

2.

No premises shall be used and no buildings hereafter erected or structurally altered shall be used, occupied, or changed in use, until a certificate of occupancy and compliance shall have been issued by the building inspector under the laws and provisions of the regulations.

3.

Certificates of occupancy shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or structural alterations of such buildings shall have been completed in conformity with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the code enforcement officer.

4.

No permit for excavation for any building shall be issued before application has been made for certificate of occupancy and compliance.

5.

A certificate of occupancy shall be required of all nonconforming uses. Application for a certificate of occupancy for nonconforming use shall be filed within twelve (12) months from the effective date of this ordinance with the zoning enforcement officer.

Section 603. - Public hearings.

A.

Public hearings shall be held in conjunction with the following:

1.

Requests to the city council for an amendment to the zoning ordinance, a specific use permit, or a PUD designation.

2.

Requests to the city council for approval of annexation plans as required in section 606.

3.

Requests to the board of adjustment for variances or appeals to the board of adjustment on the decisions of the zoning enforcement officer or for the determination of abandonment of a nonconforming use.

4.

Establishment of an amortization schedule for a nonconforming use by the board of adjustment.

5.

Requests to the planning and zoning commission for recommendations on specific use permits, recommendations on zoning amendments, and recommendations on PUD designations.

B.

Notice of all public hearings must be published in a newspaper of circulation in Crockett at least one (1) time, fifteen (15) days prior to the hearing.

C.

Except in a C-3 zoning district, before the 10th day before the hearing date, written notice of each public hearing before the planning and zoning commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within three hundred (300) feet of the property on which the change in classification is proposed. The notice shall be served by deposit in the city, properly addressed with postage paid, in the United States mail. If the property within three hundred (300) feet of the property on which the change is proposed is located in territory annexed to the city and is not included on the most recently approved municipal tax roll, the notice shall be given by being published in an official newspaper or newspaper of general circulation in the city before the 15th day before the date of the hearing.

D.

In a C-3 Zoning district, before the 10th day before the hearing date, written notice of each public hearing before the planning and zoning commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within two hundred (200) feet of the property on which the change in classification is proposed. The notice shall be served by deposit in the city, properly addressed with postage paid, in the United States mail. If the property within two hundred (200) feet of the property on which the change is proposed is located in territory annexed to the city and is not included on the most recently approved municipal tax roll, the notice shall be given by being published in an official newspaper or newspaper of general circulation in the city before the 15th day before the date of the hearing.

E.

For public hearings held by the board of adjustment, owners of the property for which a decision will be made must be notified by certified mail, return receipt requested, at least ten (10) days prior to a public hearing.

F.

For public hearings held by the city council on zoning related issues, public notice will be served through newspaper publication not less than fifteen (15) days prior to said hearings.

G.

The city shall place a twelve-square-foot sign on the property being affected by a proposed amendment to the zoning map, stating that the property is affected by a proposed amendment to the zoning map, ten (10) days prior to the hearing held by the planning and zoning commission.

(Ord. No. O-06B-22, § II, 6-6-22)

Section 604. - Meetings.

A.

Public notice as required by Texas law, shall be given prior to each meeting of the planning and zoning commission and the board of adjustment and all meetings shall be open to the public.

B.

Minutes of the proceedings of the board and commission shall be kept, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board or commission and shall be a public record.

C.

Withdrawal of proposals. Any applicant who desires to withdraw his proposal may do so by filing a written request to that effect with the zoning enforcement officer. Such receipt [request] shall be effective upon the date of its official receipt. However, no such request shall be valid unless it shall have been received seventy two (72) hours or more prior to the scheduled hearing, except on action of the planning and zoning commission or the city council. Withdrawal of a proposal at any stage of its processing shall terminate all consideration of it by the city and the applicant shall have forfeited his application fee. The case file thereon shall be closed.

(Ord. No. O-5B-86, § 1, 5-19-86)

Section 605. - Amendments to the zoning map and text.

A.

Authority to amend. The Crockett City Council may, from time to time, on its own motion, or on petition from property owner, or on recommendation from the planning and zoning commission amend the boundaries of the zoning districts or the regulations established by this ordinance.

1.

An amendment application must be accompanied by a filing fee of one hundred dollars ($100.00) to cover costs of review and processing.

2.

Applications for amendments where only a portion of a lot is to be rezoned or where the lot lines cannot be identified by the legal description must be accompanied by a survey drawing showing the exact locations of the proposed district boundaries.

B.

Planning and zoning commission report required. Before taking any action to amend the zoning map or text, the city council must receive a report on such proposed action from the planning and zoning commission containing its conclusions and recommendations.

C.

Public hearing required prior to amendments. Public hearings must be held by the planning and zoning commission and the city council before the city council may approve or reject the amendment request. The specific requirements for public hearings as set forth in section 603 shall be used.

D.

Requirement of a three-fourths majority vote by city council. In a zoning district other than C-3, the city council must approve a map amendment by a three-fourths majority vote when the proposed amendment is opposed by twenty (20) percent or more of the property owners whose lands are lying within three hundred (300) feet of the site for which the zoning classification change is sought.

In a C-3 zoning district, the city council must approve a map amendment by a three-fourths majority vote when the proposed amendment is opposed by twenty (20) percent or more of the property owners whose lands are lying within two hundred (20) feet of the site for which the zoning classification change is sought.

E.

Limitations on zoning amendment reapplications. In order to insure the stability of land use within Crockett and in an effort to promote and protect the quality of life for the citizens of the city with respect to the use and enjoyment of their respective property, no reapplication for a zoning amendment to the map or text will be accepted by the city within a period of twelve (12) months from the date of the city council's denial of the initial application. However, upon receipt of documented proof from the applicant that conditions have substantially and materially changed in Crockett since the initial submission of his/her application, and upon further evidence that such changes justify a rehearing of the matter, the city council may waive the mandatory holding period and accept a reapplication.

(Ord. No. O-5B-86, § 1, 5-19-86; Ord. No. O-09C-10, § I, 9-7-10; Ord. No. O-06B-22, § III, 6-6-22)

Section 606. - Classification of annexed land.

A.

Planning and zoning commission report required. Prior to the annexation of land to Crockett, the planning and zoning commission must study the proposed area to be annexed and must file a report with the secretary of the city council. The report must contain a plan for the following:

1.

Land use.

2.

Circulation.

3.

Community facilities and public services.

In submitting its report the planning and zoning commission must include a recommendation for a zoning component which will support the plan.

B.

City council to hold a public hearing. Upon receipt of the planning and zoning commission's report the city council must hold a public hearing in conformance with the procedure described in section 603, and must adopt a plan and a zoning component for the annexed area.

C.

Amendment of zoning map to include the annexed area. Upon the completion of the annexation process the city council must convert the aforementioned zoning component to ordinance form and must amend the official zoning map at its next regularly scheduled meeting.

Section 607. - Penalties.

A.

Violation of Crockett's Zoning Ordinance is a misdemeanor. Violation of the regulations contained in this ordinance is a class C misdemeanor and is punishable by [a] fine. Each day that a violation exists may constitute a separate fine.

B.

City may seek injunctive relief. In accordance with Texas Civil Statutes, the City of Crockett may, in addition to the penalties described in subsection A. above, seek injunctive relief through district court.

Section 608. - Invalidity and savings clause.

A.

Invalidity of a part. In the event that any portion of this ordinance is held invalid or unconstitutional by a court of proper jurisdiction, the remainder of the ordinance will not be invalidated, but will remain in full force and effect.

B.

Savings clause. All rights or remedies are expressly saved as to any and all violations of any previous zoning ordinance or amendments to it that have accrued at the time of the effective date of this ordinance. All existing violations of the previous zoning ordinances which would otherwise become nonconforming uses of land and structures under this ordinance shall be considered as violations of this ordinance in the same manner that they were violations prior to its enactment.