Section 5.1.1.

Authority to amend ordinance.

A.

The city council may from time to time, after receiving a recommendation thereon by the planning and zoning commission and after public hearings required by law, amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts specified on the zoning map. Any amendment to the zoning ordinance text or to zoning district boundaries may be ordered for consideration by the city council, may be initiated by the planning and zoning commission, or may be requested by the owner of real property, or his/her authorized representative.

B.

Consideration for a change in any zoning district boundary line or special zoning regulation may be initiated only by the property owner or his/her authorized agent (proof of such authorization must be submitted with the zoning application, per section 5.1.2 below), or by the planning and zoning commission or the city council on its own motion when it finds that public benefit will be derived from consideration of such matter. In the event the ownership stated on an application and that shown in city records are different, the applicant shall submit proof of ownership and verification that he/she is acting as an authorized agent for the property owner.

Section 5.1.2.

Application.

A.

Each application for zoning, rezoning, a specific use permit (SUP), or for a text amendment to a provision(s) of this zoning ordinance, shall be made in writing on an application form available in the city manager's or his/her designee's office. The application shall be delivered to the city and shall be accompanied by payment of the appropriate fee as established in the currently adopted city fee schedule, an accurate metes and bounds description of the subject property, or other suitable legal description, a survey, and other appropriate exhibits such as site plans, maps, architectural elevations, information about proposed uses, and any other information that is determined necessary by the city manager or his/her designee shall also be submitted with the zoning application in order to ensure that the request is understood.

B.

All zoning change requests involving real property shall be accompanied by a notarized statement verifying land ownership and, if applicable, authorization of land owner's agent to file the zoning change request.

Section 5.1.3.

Notice of public hearing.

A.

For zoning and rezoning requests involving real property, the Planning and zoning commission shall hold at least one (1) public hearing on each zoning application, as required in V.T.C.A. Texas Local Government Code, Chapter 211, as amended. For proposed changes to zoning district boundaries, notice of the public hearing to occur before the planning and zoning commission shall be accomplished by providing written notice of the public hearing to be sent to all owners of property, as indicated by the most recently approved city tax roll, that is located within the area of application and within two hundred (200) feet of any property affected thereby, said written notice to be sent before the tenth (10th) calendar day prior to the date such hearing is held. Such notice may be served by using the last known address as listed on the most recently approved tax roll and depositing the notice, postage paid, in the United States mail. Changes in the ordinance text which do not change zoning district boundaries do not require written notification to individual property owners.

B.

The city may, at its option, establish additional rules and procedures for public notification of proposed zoning changes and development proposals which may include, but not be limited to, the posting of a sign(s) on any property that is proposed for a zoning change or development by the applicant or its agent(s). Knowledge of and adherence to such rules and procedures, if so established by the city, shall be the responsibility of the applicant and shall be required as part of a zoning change or development application. The city shall make available one (1) copy of all rules and procedures in the city manager's office.

Section 5.1.4.

Planning and zoning commission consideration and recommendation.

A.

The planning and zoning commission shall perform its duties in accordance with section 3.1 and with applicable provisions in the city's Code of Ordinances.

B.

The commission shall hold a public hearing on a zoning or rezoning request. After all public input has been received and the public hearing closed, the commission shall make its recommendations on the proposed zoning request, stating its findings, and its assessment regarding how the request relates to the city's comprehensive plan. The planning and zoning commission may, on its own motion or at the applicant's request, defer its decision/recommendation from the time the public hearing was first opened, or until it has had an opportunity to consider other information or proposed modifications to the request which may have a direct bearing thereon. If the commission elects to defer the request, such deferment shall specifically state the time period of the deferment by citing the meeting date whereon the request will reappear on the commission's agenda, and further notice in the newspaper and to surrounding property owners shall not be required.

C.

When the commission acts upon a zoning request, it may recommend approval of the request as it was submitted by the applicant, approval of the request subject to certain conditions or disapproval of the request. The planning and zoning commission, after the public hearing is closed, shall vote on its recommendations on the proposed change to be sent in a report to the city council. Such report may recommend for or against such proposed change and may, but need not, include reasons for such decision. The zoning request will be automatically forwarded to the city council for a public hearing thereon, as provided in section 5.1.5 below. In the event of a tie, due to absence of members, the planning and zoning commission shall send a report of its vote to the city council and that report shall constitute its recommendation.

D.

Withdrawal. Any proposal or application may be withdrawn by the proponent after the planning and zoning commission makes its final report, and such proposal or application shall not be subject to the provision hereof that a period of time must pass before a new application is considered. If such proposal is withdrawn, the city council will not consider it. Withdrawal of an application from a public hearing or meeting agenda is at the review or decision-making authority's discretion.

Section 5.1.5.

City council consideration.

A.

Applications forwarded from the planning and zoning commission to the city council.

1.

Every zoning application which is recommended for approval or approval with conditions by the planning and zoning commission shall be automatically forwarded to the city council for a public hearing to be held following appropriate public hearing notification by publishing the purpose, time and place of the public hearing in the official newspaper of the city before the fifteenth (15th) calendar day prior to the date of the public hearing. The city council may then approve the request, approve it with conditions, or disapprove it by a majority vote of the council members present and voting.

B.

City council action on zoning, rezoning or text amendment requests. After a public hearing is held before the city council regarding the zoning application, the city council may approve the request in whole or in part, deny the request in whole or in part, defer the application to a future meeting, specifically citing the city council meeting to which it is deferred, or it may refer the application back to the planning and zoning commission for further study.

1.

If the city council approves the request, then section 5.1.5.D will apply.

2.

If the city council denies the request, an identical application cannot be submitted for one (1) year. where the request was initiated by the city and involved a proposed amendment to the text of the zoning ordinance, a waiting period is not required before the request can be reconsidered.

C.

Protests. For zoning and rezoning requests involving real property, a favorable vote of three-fourths (¾) of all members of the City Council shall be required to approve any change in zoning when written objections are received from twenty (20) percent or more of the land area covered by the proposed change, or of the land area within two hundred (200) feet of the subject property, in accordance with the provisions of V.T.C.A. Texas Local Government Code, Section 211.006. If a protest against such proposed zoning change has been filed with the city secretary, duly signed and acknowledged by the owners of twenty (20) percent or more, either of the area of the land included in such a proposed change or those owners of property immediately adjacent to the subject property and extending two hundred (200) feet, such zoning change shall not become effective except by a three-fourths (¾) vote of the full city council.

D.

Final approval and ordinance adoption. In order to approve and adopt a zoning amendment ordinance, the applicant shall submit a correct description and all required exhibits submitted to the city manager or his/her designee. The amending ordinance shall not be formally adopted until it is approved by the city council, signed by the mayor, and attested by the city secretary.

Section 5.1.6.

Administration and enforcement.

A.

The city manager or his/her authorized representative, shall administer and enforce the provisions of this ordinance. If the city manager or his/her authorized representative finds upon his/her own personal observation, or upon receipt of a complaint, that the provisions of this ordinance are being violated, he/she shall immediately investigate and, when necessary, give written notice to the person(s) responsible to cease or correct such violation(s) immediately. Notice shall be delivered in person or by certified mail to the violator(s) or to any person owning or leasing a property where the violation is occurring. The city manager or his/her authorized representative shall have the right to enter upon any premises at any reasonable time in conformance with local and state laws, for the purpose of making inspections of buildings or premises that may be necessary to carry out the duties in the enforcement of this ordinance.

B.

Stop work orders. Whenever any building or construction work is being done contrary to the provisions of this ordinance, the city manager or his/her authorized representative shall have the authority to order the work stopped by notice in writing served on the property owner or the contractor doing the work or causing such work to be done, and any such person shall forthwith stop such work until authorized in writing by the city to proceed with such work. Failure to immediately stop work as provided herein shall constitute a violation of this ordinance, in accordance with section 1.5 and may incur penalties for such violation.

Section 5.1.7.

Schedule of fees, charges and expenses.

A.

Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any zoning or development application or on any appeal.

(Ord. No. 679, § 1(Exh. A), 11-11-14)

Section 5.2.1.

Purpose of site plans.

This section establishes a site plan review process for proposed nonresidential, mixed use and multi-family residential developments. The purpose of the review is to ensure efficient and safe land development, harmonious use of land, compliance with appropriate design standards, safe and efficient vehicular and pedestrian circulation, adequate parking and loading, and adequate water supply, drainage and storm water management, sanitary facilities, coverage, and other utilities and services.

Section 5.2.2.

Applicability.

A.

Site plan review and approval shall be required for all nonresidential, mixed-use, townhouse, single-family attached, and multi-family residential projects and structures, and for any planned development district or specific use permit. Authorized nonresidential structures within a residential zoning district are subject to the site plan review and approval requirements of this section.

B.

No building permit shall be issued for any of the above developments until a site plan and all other required engineering/construction plans are first approved by the city. No certificate of occupancy shall be issued until all construction and development conforms to the site plan and engineering/construction plans, as approved by the city.

Section 5.2.3.

Exemptions and exceptions.

Site plan review shall not be required for single-family detached residential developments.

Section 5.2.4.

Site plan submission requirements.

A.

All required items and/or information for an application for a site plan must be received by the city manager or his/her designee in order for the application to be considered complete, pursuant to section 5.2.5, and incomplete submissions will not be reviewed until all deficient items and information have been received. The city will provide to the applicant not later than the tenth (10th) business day after the date the application is filed written notice of the failure that specifies the necessary documents or other information and the date the application will expire if the documents or other information is not provided. The site plan shall be prepared by a professional engineer (P.E.), land planner, architect or surveyor, at a scale no smaller than one (1) inch equals one hundred (100) feet, and it shall clearly show in detail how the site will be constructed. The site plan shall include, but not be limited to the following:

1.

An application form, provided by the city, with notarized signatures of the owner or his/her designated representative if the applicant is not the owner of the subject property;

2.

Appropriate filing fee, as set forth in the currently adopted city fee schedule;

3.

Verification that all taxes and assessments on the subject property have been paid;

4.

Plans submitted shall be on sheets twenty-four (24) inches by thirty-six (36) inches;

5.

A title block within the lower right hand corner of the site plan with the proposed name of the project/subdivision, the name and address of the owner/developer and the land planner, engineer architect or surveyor responsible for the plan, the scale of the drawing (both written and graphic scale), the date the drawing was prepared, total site acreage, and the location of the property according to the abstract and survey records of Tarrant County, Texas;

6.

A vicinity or location map that shows the location of the proposed development within the city, and in relationship to existing roadways;

7.

The boundary survey limits of the tract and each proposed lot and scale distances with north clearly indicated;

8.

The names of adjacent additions or subdivisions or the name of the owners of record and recording information for adjacent parcels of unplatted land, including parcels on the other sides of roads, creeks, etc.;

9.

The existing zoning and existing/proposed uses on adjacent land; the location, width and names of all existing or platted streets or other public ways within or adjacent to the tract; any existing easements, with recording information; existing buildings; railroad rights-of-way; topography (contours at two-foot intervals) with existing drainage channels or creeks, including the one hundred-year flood plain, if applicable; any other important natural features, such as rock outcroppings, caves, wildlife habitats, etc.; and all substantial natural vegetation;

10.

Proposed strategies for tree preservation including showing individual trees or tree masses that will be preserved, and the techniques that will be used to protect them during construction;

11.

The layout and width (right-of-way lines and curb lines) of existing and proposed thoroughfares, collector streets and/or intersections, and specific configuration of proposed streets, lot s and blocks, proposed driveways including driveway widths and distances between driveways, proposed median openings and left turn lanes on future divided roadways and existing and planned driveways on the opposite side of divided roadways must also be shown for coordination and sharing of future median openings;

12.

Specific locations and footprints of buildings, including, but not limited to, proposed nonresidential and residential densities; building heights, square footages (for multi-tenant or multi-purpose buildings, show square footage for each intended use), massing, orientation, loading/service areas (including proposed screening), recycling containers, compactors and dumpster enclosures (including proposed screening), pedestrian walkways, and parking areas (including parking ratio calculations); any proposed sites for parks, schools, public facilities, public or private open space; flood plains/drainage ways; all proposed and existing utilities and easements; drainage structures; retention/detention ponds with proposed aesthetic treatments; screening walls; fences; signage; fire lanes and fire hydrants; lighting; visibility easements; and other pertinent development related features;

13.

A landscape plan showing turf areas, tree types and sizes, screening walls, ornamental plantings, planting schedule (including species, planted height, spacing, container/caliper size, numbers of each plant material, etc.) any existing wooded areas, trees to be planted, and irrigation plans, if required; and

14.

Color building façade (elevation) plans showing elevations with any attached (wall-mounted) signage to be used, as determined appropriate by the city manager or his/her designee.

15.

General layout for the required public improvements, such as water, wastewater, grading/storm drainage, water quality, fire lanes and hydrants, screening and landscaping, the quantity of which shall be determined by the city manager or his/her designee.

16.

Reduced copies (eleven (11) inches by seventeen (17) inches) of the site plan as required by the city manager or his/her designee.

17.

One (1) set of all site plan pages submitted to the city in a readily readable digital format;

18.

Any additional information/materials, such as plans, maps, exhibits, legal description of property, information about proposed uses, and other information deemed necessary by the city manager or his/her designee in order to ensure that the development request is understood.

B.

To ensure the submission of adequate information, the city is hereby empowered to maintain and distribute a separate list of specific requirements for site plan review applications. Upon periodic review, the city manager or his/her designee shall have the authority to update such requirements for site plan and development review applications. It is the applicant's responsibility to be familiar with, and to comply with, these requirements.

C.

Extent of area that should be included in a site plan. When the overall development project is to be developed in phases, the site plan area shall include only the portion of the overall property that is to be developed/constructed.

Section 5.2.5.

Lapse of site plan approval.

The approval of a site plan shall be effective for a period of two (2) years and shall thereafter lapse unless progress has been made on the construction of the project in accordance with the provisions of V.T.C.A. Texas Local Government Code, Section 245.005, as amended.

Section 5.2.6.

Extension and reinstatement procedure.

A.

Before a site plan expires, the applicant may submit to the city a request to extend the time period of the site plan. The request will be considered by the planning and zoning commission and city council.

B.

If no request for extension for a site plan is received, then the site plan will be considered null and void. Any new request for site plan approval shall be deemed a "new project"; shall be submitted with a new application form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this ordinance.

C.

In determining whether to grant a request for extension, the city council shall take into account the reasons for the lapse, the ability of the property owner to comply with any conditions attached to the original approval, and the extent to which development regulations would apply to the site plan at that point in time.

(Ord. No. 679, § 1(Exh. A), 11-11-14)

Section 5.3.1.

Purpose and intent.

A.

Nature of specific use. A specific use is a land use which, because of its unique nature, is compatible with the permitted land uses in a given zoning district only upon a determination that the external effects of the use in relation to the existing and planned uses of adjoining property and the neighborhood can be mitigated through imposition of certain standards and conditions. This section sets forth the standards used to evaluate proposed special uses and the procedures for approving specific use permit applications.

B.

Permit required. No specific use shall be established and no building permit shall be issued for any use designated as a specific use within any zoning district until a specific use permit (SUP) is issued in accordance with the provisions of this ordinance. An application for an SUP shall be accompanied by a detailed site plan prepared in the manner described in section 5.2 of this ordinance. The site plan shall illustrate the proposed use to be established, its relationship to adjoining properties, and how it meets the approval standards set forth in section 5.2.

Section 5.3.2.

Status of specially permitted uses.

The following general rules apply to all special uses:

A.

The designation of a use in a zoning district as may be permitted by SUP in section 4.13 of this ordinance does not constitute an authorization or assurance that such use will be approved.

B.

Approval of an SUP shall authorize only the particular use for which the SUP is issued.

C.

No use authorized by an SUP shall be enlarged, extended or relocated, nor may the number of dwelling units be increased, unless an application is made for approval of a new specific use permit.

D.

Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by these zoning regulations, the city Code of Ordinances, and any permits that may be required by regional, state or federal agencies.

Section 5.3.3.

Application for specific use permit.

A.

Application requirements. An application for a specific use permit may be submitted by the property owner or by the property owner's designated representative to the city. The application shall be accompanied by a site plan prepared in accordance with the requirements of section 5.2 of this ordinance. If a base zoning district amendment is required or requested, such rezoning application shall accompany the application for a specific use permit.

B.

Subdivision approval. If the proposed use requires a division of or the platting of land, an application for the first step in subdivision approval shall be submitted in conjunction with the application for a specific use permit. Approval of the specific use permit shall not become effective until final approval of the subdivision application provided that, if the land is to be divided and developed in phases, the approval of the specific use permit shall take effect upon final plat approval of the phase of the subdivision containing the property on which the special use is to be located.

Section 5.3.4.

Procedures for specific use permits.

A.

Planning and zoning commission recommendation. Upon receipt of the recommendation from the city manager or his/her designee the planning and zoning commission shall conduct a public hearing in order to formulate its recommendations to the city council on the specific use permit application. Following the public hearing, the planning and zoning commission shall recommend approval, approval subject to modification, or denial of the proposal to the city council. If the appropriateness of the use cannot be assured at the location, the planning and zoning commission shall recommend denial of the application as being incompatible with existing uses or with other uses permitted by right in the district.

B.

City council action. The city council shall be the final decision-maker on applications for specific use permits. Following a public hearing and in consideration of the planning and zoning commission's recommendations, the city council shall approve, modify or deny the proposal for a specific use permit in accordance with section 5.1 of this ordinance. If the appropriateness of the use cannot be assured at the location, the application for specific use permit shall be denied as being incompatible with existing uses or with other uses permitted by right in the district.

Section 5.3.5.

Standards.

A.

Factors for consideration. When considering applications for a specific use permit, the planning and zoning commission in making its recommendation and the city council in rendering its decision on the application shall, on the basis of the concept plan/site plan and other information submitted, evaluate the impact of the special use on, and the compatibility of the use with, surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The planning and zoning commission and the city council shall specifically consider the extent to which:

1.

The proposed use at the specified location is consistent with the goals, objectives and policies contained in the adopted comprehensive plan;

2.

The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations;

3.

The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances, includes improvements or modifications either on-site or within the public rights-of-way to mitigate development related adverse impacts, including, but not limited to:

a)

Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, and access in case of fire;

b)

Off-street parking and loading areas;

c)

Refuse and service areas;

d)

Utilities with reference to location, availability, and compatibility;

e)

Screening and buffering features to minimize visual impacts, and/or set-backs from adjacent uses;

f)

Control of signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;

g)

Required yards and open space;

h)

Height and bulk of structures;

i)

Hours of operation;

j)

Exterior construction material and building design; and

k)

Roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development-generated traffic on neighborhood streets.

4.

The proposed use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity.

B.

Conditions. In approving the application, the planning and zoning commission may recommend, and the city council may impose, such additional conditions as are reasonably necessary to assure compliance with these standards and the purpose and intent of this section, in accordance with the procedures in section 5.1 of this ordinance. Such additional conditions shall exceed the minimum standards contained herein or in any other applicable city Code or Ordinance, and they cannot relax or grant relief from any of the city's minimum standards. Any conditions imposed shall be set forth in the ordinance approving the specific use, and shall be incorporated into or noted on the concept plan or site plan for final approval. The city manager or his/her designee shall verify that the plan incorporates all conditions set forth in the ordinance authorizing the special use, and shall sign the plan to indicate final approval. The city shall maintain a record of such approved special uses and the site plans and conditions attached thereto.

C.

Prohibition on waivers and variances. The foregoing additional conditions shall not be subject to variances that otherwise could be granted by the board of adjustment nor may conditions imposed by the city council subsequently be waived or varied by the BOA. In conformity with the authority of the city council to authorize special uses, the city council may waive or modify specific standards otherwise made applicable to the use by this ordinance, to secure the general objectives of this section.

Section 5.3.6.

Expiration and extension.

A specific use permit shall automatically expire if a building permit is not issued and construction begun within one hundred eighty (180) days of the granting of the specific use permit; the use has not begun operation (if no construction is required) within one hundred eighty (180) days of the granting of the specific use permit.

The city council, upon recommendation by the planning and zoning commission, may extend the specific use permit for a period of one hundred eighty (180) days if the applicant requests the extension prior to the expiration of the specific use permit.

Section 5.3.7.

Minor amendments.

Upon request of the applicant, the city manager or his/her designee may authorize minor amendments to a specific use permit so long as such minor amendments do not change the land use or substantially change the character, development standards, or design of the development as shown on the approved detailed plan. For purposes of this provision, a "substantial change" shall mean a change which will increase the number of proposed dwelling units, increase the floor to area ratio, size of structure, height, lot coverage, or number of stories or buildings, reduce lot, or yard size, decrease the amount of required off-street parking spaces, change types of buildings, setbacks, street access points, or lots, increase density, change traffic patterns, or alter the basic relationship of the proposed development to adjacent properties. The city manager or his/her designee shall make such authorization only in writing and such document shall be placed in the ordinance file governing the specific plan.

Section 5.3.8.

Use regulations.

Uses allowed by SUP are specified in section 4.13, Principal Permitted Uses.

(Ord. No. 679, § 1(Exh. A), 11-11-14)

Section 5.4.1.

Generally.

Within the districts established by this ordinance, or amendments that may later be adopted, there exists lots and uses of land, buildings and structures, uses of land and buildings in combination, and characteristics of use which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendments. It is the intent of this ordinance to permit these nonconformities to continue under regulations contained herein until they are removed, but not to encourage their survival. It is further the intent of this ordinance that such nonconformities shall not be enlarged upon, expanded, or extended, not be used as grounds for adding other buildings and structures or uses prohibited elsewhere in the same district.

Section 5.4.2.

Repairs and alterations.

Nonconforming uses are incompatible with permitted uses. Therefore, no nonconforming use of land or building, nonconforming lot or yard, or any nonconforming structure shall be enlarged, changed, altered or repaired except in conformance with the regulations contained in this article.

Repairs and alterations may be made to a nonconforming structure, provided that no structural alterations shall be made except those required by law or ordinance, unless the structure is changed to a conforming use and provided that no additional dwelling units shall be added where the nonconforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located. The board of adjustment shall have the authority after a hearing to grant extension of a building nonconforming as to uses not to exceed twenty-five (25) percent of the ground area of the same in case of evident hardship, subject to the yard restrictions herein provided.

Section 5.4.3.

Use.

The lawful use of "land" existing at the time of the passing of this ordinance, although such does not conform to the provisions hereof, may be continued, but if such nonconforming use is discontinued, any future use of said premises shall be in conformity with the provisions of this ordinance.

Section 5.4.4.

Change of use.

A nonconforming use, if changed to conforming use, may not thereafter be changed back to a nonconforming use. A nonconforming use, may not thereafter be changed unless to an equal or to a more restricted use.

Section 5.4.5.

Discontinuance or abandonment.

A.

If, at the effective date of this ordinance or amendment thereof, a lawful use of land exists which would not be permitted by the regulations imposed by this ordinance, the use may be continued so long as it remains otherwise lawful, provided:

1.

The legal nonconforming use does not cease due to discontinuance or abandonment;

2.

The legal nonconforming use shall not be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance, unless provided for herein; or

3.

The legal nonconforming use shall not be moved, in whole or in part, to any portion of the same lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this ordinance.

B.

For the purpose of this section, "abandonment" shall be defined as intent by the owner to permanently close or cease the use, coupled with any act or statement by the owner that manifests such intent. The following conditions, events or conduct shall be presumed to constitute intent to abandon a legal nonconforming use:

1.

The closure or cessation of the nonconforming use for a period of one hundred twenty (120) consecutive days; or

2.

The failure of the owner to repair the structure or property used to operate the nonconforming use within thirty (30) days after the chief building official or code enforcement officer has given the owner written notice that the building, structure or property is:

a)

In an advanced stage of dilapidation, as determined by either the zoning administrator or the chief building official;

b)

In violation of one (1) or more applicable health and safety codes adopted by the city that govern the use or condition of structures designed for human occupancy, as amended, including, but not limited to, the applicable building, plumbing, electrical, mechanical, and life safety codes as adopted by the city; or

c)

Otherwise unsafe for the continuation of the current use or occupancy.

C.

For the purpose of this section, "discontinuance" shall be defined as follows:

1.

When a legal nonconforming use has historically been operated on a continuous basis, a closure or cessation of a use for a period of one hundred eighty (180) consecutive days, irrespective of whether the owner has actual intent to abandon the use; or

2.

When a legal nonconforming use has historically been operated only on a seasonal basis, such use shall be deemed to have been discontinued, regardless of whether the owner has actual intent to abandon the use, if either:

a)

The structure or property upon or in which the use has been operated is closed or the nonconforming use ceases to operate for a period of one hundred eighty (180) consecutive days; or

b)

The structure or property upon or in which the use has been operated is closed or the nonconforming use ceases to operate in a bona-fide manner during one (1) or more normal and customary seasons or periods of operation during which the nonconforming use has historically been operated.

Section 5.4.6.

Extension.

Upon evidence of hardship, the board of adjustment shall have the power to extend the time limits in section 5.4.5 above not to exceed six (6) months.

Section 5.4.7.

Destruction.

A building occupied by a nonconforming use that is destroyed by fire or the elements may not be reconstructed or rebuilt except to conform to provisions of this ordinance. In the case of partial destruction by fire or other causes, not exceeding fifty (50) percent of its value, the building official may issue a permit for reconstruction. If greater than fifty (50) percent and less than total, the board of adjustment may grant permit for repair after public hearing, having due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of property.

Section 5.4.8.

Certificate of occupancy.

A certificate of occupancy shall be issued for all nonconforming uses.

Section 5.4.9.

Construction completion requirement.

Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a legal building permit has been heretofore issued, provided such construction shall have been started and shall be diligently prosecuted to completion.

Section 5.4.10.

Nonconformity of record.

All legally conforming platted lots and all legally constructed structures existing prior to the effective date of this ordinance shall be deemed to continue to be legally nonconforming as of the effective date of this ordinance. This provision shall apply even though such lot or structure fails to meet the minimum requirements for area, width, or both, as governed by the applicable area regulations for that particular zoning district; however, all other provisions of the applicable zoning district area regulations, such as setback distances, heights, and percent of lot coverage shall apply. Any change, alteration, or modification decreasing the area of any said lot or structure shall conform to these zoning regulations contained herein or be authorized by variance granted by the board of adjustment.

Section 5.4.11.

Conditions for continuation.

Any nonconforming use, structure or lot which lawfully existed as of the effective date of this ordinance and which remains nonconforming; any use, structure or lot which has become nonconforming due to the acquisition of property for the purposes of right-of-way use by a governmental agency as part of an approved project; and any use, structure or lot which has become nonconforming as a result of the adoption of this ordinance or any subsequent reclassification of zoning districts or other amendment to this ordinance, may be continued or maintained only in accordance with the terms of this section.

Section 5.4.12.

Right to proceed preserved.

Nothing contained in this section is intended to alter any rights that may have accrued under prior regulations, pursuant to V.T.C.A. Texas Local Government Code, Sections 43.002, and 245.001 to 245.007, as amended.

Section 5.4.13.

Amortization of nonconforming land uses and structures.

A.

The city council may initiate the process to amortize a nonconforming land use or structure by filing an application to the board of adjustment. All actions to discontinue a nonconforming use of land and structure shall be taken with due regard for the investment of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of property.

B.

The city council may require the discontinuance of nonconforming uses of land or structure under a plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this subchapter.

1.

Criteria for determining amortization period. Before the board of adjustment may determine an amortization period, it must consider the following factors:

a)

The owner's capital investment in the structures on the property at the time the use became nonconforming;

b)

The amount of the investment realized to date and the amount remaining, if any, to be recovered during the amortization period;

c)

The life expectancy of the investment;

d)

The existence or nonexistence of lease obligations, as well as any contingency clauses therein permitting termination of such leases;

e)

Removal costs that are directly attributable to the establishment of a termination date; and

f)

Other costs and expenses that are directly attributable to the establishment of a termination date.

C.

If the city council establishes a termination date for a nonconforming use, the use must cease operations on that date and the owner may not operate it after that date unless it becomes a conforming use.

(Ord. No. 679, § 1(Exh. A), 11-11-14)