It shall be unlawful within the city limits to commence construction or excavation for construction of any building or structure, including accessory buildings, or to commence the erection, reconstruction, conversion, alteration, or moving of any building, including accessory buildings until the Building Official has issued a building permit for such work. Except upon written authorization of the board of adjustment as provided in Section 17.03, no such building permit shall be issued for any building where said construction, reconstruction, conversion, moving, alteration or use thereof would be in violation of any provision of this ordinance.

17.01.1.

Application. There shall be submitted with each application for a building permit two (2) copies of a layout or plot plan drawn to scale, showing the actual shape and dimensions of the zoning lot to be built upon, the exact size and location on the zoning lot of existing buildings or structures, if any, and the size and location of the building or structures to be constructed, altered or moved. There shall also be stated on the application the existing or intended use of each such building or part of building and such other information with regard to the zoning lot and neighboring properties as may be necessary to determine compliance with and to provide for the enforcement of this ordinance. One copy of the plans shall be returned to the applicant by the Building Official, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The second copy of the plans, similarly marked, shall be retained by the Building Official. The application for a building permit shall be made by the owner of the property concerned thereof.

17.01.2.

Fees. The application fee for a building permit shall be as prescribed in the building code for the City of Deer Park. No part of the building permit fee shall be refundable.

17.01.3.

Expiration of Building Permit. If the work described in a building permit has not begun within the prescribed time set forth in a building code for the City of Deer Park, said permit shall expire and be canceled by the Building Official, and written notice thereof shall be given to the persons affected.

17.01.4.

Completion of Building Under Construction. Nothing herein contained shall require any change in the plans, construction or designated use of building actually and lawfully under construction and a substantial part of which has been completed at the time of the passage of this ordinance and which [the] entire building shall be completed within one year from the date of the passage of this ordinance.

No building hereafter erected or structurally altered shall be occupied, used or changed in use, until a certificate of occupancy and compliance shall have been issued by the Building Official, stating that the building and proposed use of building or land comply with all the building and health laws and ordinances, with the ordinance related to plumbing installation, and with the provisions of this ordinance. Certificates of occupancy and compliance shall be issued by the Building Official within five days after the erection or structural alteration of such building shall have been completed in conformity with the provisions of this ordinance and the laws and ordinances above mentioned. A record of all certificates shall be kept on file in the office of the Building Official, and copies shall be furnished upon request to persons having a proprietary or tenancy interest in the building affected.

17.02.1.

Fees. No fee shall be charged for an original certificate, but for copies of any original certificate there shall be a charge of $10.00.

17.03.1.

Appointment; Compensation. There is hereby created a board of adjustment consisting of five regular members, each appointed by the City Council and serving a term of two (2) years, or until his successor has been appointed.

A member of the board, once qualified, can thereafter be removed during his term of office by the City Council only upon written charges and after public hearing. In the event of death, resignation, or removal of any such member before the expiration of his term, a successor shall be appointed by the City Council for the unexpired term.

Each regular member of the board of adjustment of the City of Deer Park, Texas, shall receive as compensation for attendance upon the meetings of said board the sum of $10.00 for each meeting attended, and each alternate member of said board shall receive the sum of $10.00 as compensation for attendance upon each meeting when such alternate is designated to sit for an absent regular member, as provided in V.T.C.A., Local Government Code § 211.008 et seq.; and each such regular member or alternate member shall be reimbursed for actual out-of-pocket expenses incurred while acting as a member of said board of adjustment.

17.03.2.

Organization. There shall be a board of adjustment consisting of five members, with two (2) alternate members, all as provided by V.T.C.A., Local Government Code § 211.008 et seq., as amended.

17.03.3.

Practice and Procedure. The board shall have the power to adopt rules of practice and procedure not inconsistent with Article 1011g of Vernon's Annotated Texas Civil Statutes [V.T.C.A., Local Government Code § 211.008 et seq.] as amended, nor with the provisions of this ordinance, provided that such rules and regulations shall not become effective until approved by the City Council of the City of Deer Park, Texas. Practice and procedure before such board shall be as set forth in V.T.C.A., Local Government Code § 211.008 et seq. and as in this ordinance, all as supplemented by said rules. In all matters submitted to the board for decision, it shall fix a reasonable time for public hearing thereon, give public notice thereof by publication once, not less than ten days before such hearing, in the official newspaper of the City of Deer Park, Texas, and give due notice to the parties in interest, as well as to all owners of property within this city lying within 200 feet of the property affected, by mailing by United States mail, postcards or letters to each of such parties at the address, if any, shown on the city's tax rolls not less than ten days before the date of such hearing. If no address of the owner of any portion of property within this city lying within 200 feet of the property in question is disclosed by the city's tax rolls, the public notice in the official newspaper shall be sufficient unless any such party shall furnish the city in writing prior to the time for giving such notice with his or her address for the purpose of receiving such notice.

17.03.4.

Powers.

1.

The board may hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this ordinance.

2.

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

3.

The board may at its discretion in the instance hereinbefore set forth in this ordinance and those additional instances set forth in this paragraph Section 17.03.04(3), in appropriate cases, and subject to appropriate conditions and safeguards, make the special exceptions to the terms of this ordinance set forth in this ordinance, if in harmony with its general purpose and intent and in accordance with the general or special rules herein contained, where to do so will not be contrary to the public interest and will not result in substantial injury to surrounding property or the appropriate use thereof.

In addition to the special exceptions heretofore set forth in this ordinance, the board of adjustment may in the manner aforesaid grant special exceptions in the following cases:

a.

Permit a variation in the yard requirements where there are unusual and practical difficulties in the carrying out of these provisions due to an irregular shape of the lot, topographical or other similar condition.

b.

Permit the moving to another place on the same lot of a building occupied by a nonconforming use.

c.

Permit such modifications of the requirements of these regulations as the board may deem necessary to secure an appropriate conforming use development of a lot where adjacent to such lot on two (2) or more sides there are buildings or uses that do not conform to these regulations.

d.

Permit modifications of the front and/or side street yard requirements where a majority of the frontage of lots abutting upon the same side of a street in the same block is occupied by a building or buildings with front and/or side street yard of less depth than is required by this ordinance.

e.

Permit such modifications of the yard or open space or lot area or width regulations as may be deemed necessary to secure appropriate conforming use improvement of a parcel of land where such parcel was in separate ownership upon the effective date of the Zoning Ordinance on October 24, 1963, and is of such restricted area that it cannot be appropriately improved without modification.

f.

Permit the use of property across the street from or abutting property owned by a church, public school, city, county, state or federal government for the free parking of passenger cars. When so used the parking area shall be screened from adjoining streets and property, by a wall, fence or hedge maintained at a height of at least six feet at sides and rear of parking area and three feet at front of parking area, and shall be properly drained and paved in accordance with the City's specifications and where lighting is provided it shall be hooded and beamed downward so that it shall not constitute an annoyance to neighbors.

17.03.5.

Appeals.

1.

Appeals to the board of adjustment may be taken by any person aggrieved or by an officer, department, board or bureau of the City of Deer Park, Texas, affected by any decision of the administrative officer. Such appeal shall be taken within ten days after any such decision by filing with the officer from whom the appeal is taken and with the board of adjustment a written notice of appeal specifying the grounds thereof, and shall otherwise be governed by the provisions of V.T.C.A., Local Government Code § 211.008 et seq., as amended.

2.

Other. To exercise all other powers and duties as set forth in this ordinance.

17.03.6.

Procedure.

1.

General. The Board shall act in accordance with the procedure specified by law and by this ordinance.

2.

Appeals. Appeals to the Board may be made by any person aggrieved or by any officer, department, or Board of the city affected by a decision of the Building Official or other administrative officer concerning this ordinance. All appeals and application made to the Board shall be made in writing, on forms prescribed by the Board, within 30 days after the decision has been rendered by the Building Official or other administrative officer.

3.

Every appeal or application shall refer to the specific provision of the ordinance involved and shall exactly set forth (1) the interpretation that is claimed, (2) the use for which the permit is sought and/or (3) the details of the relief that is applied for and the grounds on which it is claimed that the relief should be granted, as the case may be. The appeal or application shall be filed with the officer from whom the appeal is taken and with the Board. The officer from whom appeal is taken shall forthwith transmit to the Board all the papers, constituting the record upon which the action appealed from was taken.

4.

No order of the Board permitting the erection or alteration of a building shall be valid for a period longer than 90 days, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

5.

No order of the Board permitting the use of a building or premises shall be valid for a period longer than 90 days, unless such use is established within such period; provided, however, that where such permitted use is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

17.03.7.

Public Hearing and Notice. The Board shall fix a reasonable time for the public hearing of an appeal, give public notice of the time and place thereof, as well as due notice to the parties in interest. Said public notice shall be published in a paper of general circulation in Deer Park at least once, not less than ten days preceding the date of such hearing, and shall give the particular location of the property on which the appeal is requested, as well as a brief statement of the nature of the appeal. Public hearings may be adjourned from time to time, and, if the time and place of the adjourned meeting be publicly announced when the adjournment is made, no further notice of such adjourned meeting need be published. At a public hearing any party may appear in person or by attorney.

17.03.8.

Decisions and Records. In exercising its powers, the Board may, in conformity with the provisions set forth in the statutes of the State of Texas governing said Board, revise or reform, wholly, or partly, or may modify the order, requirement, decision, or determination appealed from and make such order, requirement, decision, or determination as ought to be made and shall have all the powers of the officer from whom appeal is taken. The presence of four members shall be necessary to constitute a quorum, and the concurring vote of four of the members of the Board present shall be necessary to revise any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance or to effect any variance in said ordinance.

17.03.9.

Fee. A filing fee of $250.00 to partially defray expenses of legal publication, administrative and processing costs, shall accompany each application.

17.03.10.

Effect of Appeal. An appeal shall stay all proceedings of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board, after notice of appeal shall have been filed with him, that, by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril of life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or a court of record on application, and on notice to the officer from whom the appeal is taken and on due cause shown.

17.04.1.

Generally. In addition to the required building permit, the certificate of occupancy and compliance called for in section 17.02, a specific use permit shall be required for certain uses listed in the use groups for which reference is made to a specific use permit being required by the City Council, before a building permit shall be issued.

17.04.2.

Application. Application for a specific use permit shall be made by the property owner and filed in writing with the City Council and shall be accompanied by a site plan.

17.04.3.

Site Plan. The site plan shall show existing improvements on the land and all proposed development of the property. The plan shall be submitted on first quality reproducible material and when possible shall not exceed 36 inches by 48 inches in size. The plot plan shall give the following information:

■

Date, scale, north point, title, name of owner, and name of person preparing plan;

■

Location of existing boundary lines and dimensions of the tract;

■

Centerline of existing watercourses, drainage features, and location and size of existing and proposed streets and alleys;

■

Location and size to the nearest one-half foot of all proposed buildings and land improvements;

■

Clear designation of areas reserved for off-street parking and for off-street loading; the location and size of points of ingress and egress; and the ratio of parking space to floor space.

17.04.4.

Public Hearing. Such application shall be referred to the planning and zoning commission for hearing, report and recommendations. The planning and zoning commission, after giving written notice as herein required, shall hold a hearing on the application and adopt an order recommending approval of or refusing such application. The applicant or his representative shall appear at the hearing on his application. The planning and zoning commission shall report the results of its hearing and study of said application to the City Council.

17.04.5

Hearing Procedure. The City Council shall consider the application and the accompanying site plan. The City Council may approve or deny an application for a specific use permit. In granting a permit, the City Council may impose such requirements and conditions, in addition to those expressly stipulated in this ordinance for the particular use, as it may deem necessary for the protection of adjacent properties and the public interest.

17.04.6.

City Council Consideration. In granting or denying an application for a specific use permit, the City Council shall consider the following factors, among others:

■

Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site.

■

Safety from fire hazard, and measures for fire control.

■

Protection of adjacent property from flood or water damage.

■

Noise producing elements; and glare of vehicular and stationary lights and effects of such lights on established character of the neighborhood.

■

Location, lighting and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties.

■

Street size and adequacy of pavement width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood.

■

Adequacy of parking, as determined by requirements of this ordinance for off-street parking facilities in the use district in which the site is located; location of ingress and egress points for parking and off-street loading spaces; and protection of public health by surfacing on all parking areas to control dust.

■

Such other measures as will secure and protect public health, safety, morals, and general welfare.

■

The compliance with the overall zoning use plan of the city of the proposed use.

17.04.7.

Fee. The filing fee for the specific use permit application shall be $1,000.00.

17.04.8.

Reserved.

17.04.9.

Expiration of Specific Permit.

1.

Authority to issue building or occupancy permits pursuant to the granting of a specific use permit shall expire 18 months after the granting of the specific permit, except when the following conditions have been met:

2.

Building permits have been issued, materials have been acquired, and the foundation of at least one building has been placed on the site; or

3.

Where no construction is required, an occupancy permit has been issued and actual operation of the use has been started.

4.

After authority for issuance of a building or occupancy permit, pursuant to the granting of a specific use permit, has expired by default, no building or occupancy shall be issued except upon a new application.

17.04.10.

Modification of Site Plan.

1.

The site plan as finally approved may be adjusted or altered subsequently when such modification is required by provisions of city ordinances or state statutes which are more restrictive than the zoning regulations, or when the City Council deems a revision in the site plan will provide more appropriate development of the site, provided such proposed change is consistent with the express conditions contained in the permit granted by the City Council and the change will be consistent with the provisions of the Zoning Ordinance. A proposed change shall be presented in writing to the Building Official, and if written specifications are inadequate to describe the proposed revision, a supplementary site plan shall be attached to the application for revision. Such application and site plan shall be handled in the same way as the original application.

2.

If the proposed revision is approved by the City Council, the Building Official shall make necessary adjustments in construction permits and shall authorize the holder of the permit to alter construction in accordance with such revision.

17.04.11.

Limitation on Reapplication. No application for a specific use permit which has been disapproved by the City Council shall be again considered either by the City Council or the planning and zoning commission on a petition by an applicant before the expiration of one year from the date of the final action by the City Council.