(a)

The city manager is designated the zoning administrator by the city council to administer the provisions of this chapter.

(1)

If the zoning administrator shall find, or if any person files with him a complaint in writing alleging that any of the provisions of this chapter or other ordinance are being violated, he shall immediately investigate and when necessary give written notice to the person responsible to cease such violation, forthwith.

(2)

Notice may be delivered in person or by certified mail to violator or to any person or property where violation is occurring.

(b)

The provisions of this chapter shall be enforced by the chief building official.

(1)

The chief building official or any duly authorized person shall have the right to enter upon any premises at any reasonable time for purpose of making inspections of buildings or premises necessary to carry out this duties in the enforcement of this chapter.

(2)

Whenever any construction work is being done contrary to the provisions of this chapter, the chief building official or the city manager may order the work stopped by notice in writing served on the owner, or contractor doing or causing such work to be done, any such person shall forthwith stop proceed with the work.

(Code 1996, 153.100; Ord. No. 0002, 12-14-1995)

(a)

In exercising its powers, the city council may, in conformity with the provisions of the statutes of the state as existing or hereafter amended, reverse or affirm, 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 the appeal is taken. The zoning administrator shall have the power to impose reasonable conditions to be complied with by the applicant.

(b)

A majority vote of the members of the city council shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the application of any matter upon which it is required to pass under this section or to effect any variance in said section.

(c)

Any person or persons, jointly or severally aggrieved by any decision of the zoning administrator or any taxpayer or any officer, department or board of the municipality must present to a court of record (district court) a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of illegality. Such petition shall be presented to the court within ten days after the filing of the decision.

(Code 1996, 153.101; Ord. No. 0002, 12-14-1995)

(a)

The city council shall hold a public hearing on all appeals made to it and written notice of such public hearings shall be sent to the applicant and all other persons who are owners of real property lying within 200 feet of the property on which the appeal is made. Such notice shall be given not less than ten days before the date set for hearing to all such owners who have rendered their property for city taxes as the ownership appears on last city tax roll. Such notice may be served by depositing same, properly addressed and postage paid, in the United States Post Office. Notice shall also be given by publishing the same in the official publication of the city at least ten days prior to the date set for the hearing, which notice shall state the time and place of such hearing.

(b)

It is the intent of this subchapter that all questions of interpretation and enforcement shall be first presented to the zoning administrator and that such questions shall be presented to city council only on appeal from the decision. Under this subchapter the city council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this section, as provided by law, and of establishing a schedule of fees and charges as stated in section 153.104.

(Code 1996, 153.102; Ord. No. 0002, 12-14-1995)

When in its judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, the city council may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards, authorize the following special variances and exceptions to the regulations herein established and take action relative to the continuance or discontinuance of a nonconforming use:

(1)

To hear and decide appeals where it is alleged there is error on any order, require-ment, decision, or determination made by the zoning administrator in the enforcement of this section.

(2)

Interpret the intent of the zoning district map where uncertainty exists because the physical features on the ground vary from those on the zoning district map and none of the rules set forth apply.

(3)

To approve the use of a lot in a residential district contiguous to (even if separated by a street or alley) an apartment, office, retail, commercial or industrial district off-street parking or passenger vehicles subject to such standards and safeguards as are appropriate for the protection of adjacent residential uses.

(4)

Initiate on its motion, or cause to be presented by interested property owners, action to bring about the discontinuance of a nonconforming structure under any plan whereby full value of the structure 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 section.

(5)

Permit the change of occupancy from one nonconforming use to another nonconforming use only when the extent of the second nonconforming use is found to be less detrimental to the environment than the first.

(6)

Permit the enlargement of a nonconforming use only when the enlargement will not prolong the life of the nonconforming use. A specific period of time for the return to conformity can be required.

(7)

Permit the reconstruction of a nonconforming structure or building on the lot or tract occupied by such building, provided such reconstruction does not, in the judgment of the zoning administrator, prevent the return of such property to a conforming use or increase the nonconformity of a nonconforming structure.

(8)

Require the vacation and demolition of a nonconforming structure which is deemed to be obsolete, dilapidated or substandard.

(9)

Permit such variance of the front yard, side yard, rear yard, lot width, lot depth, coverage, minimum setback standards, off-street parking or off-street loading regulations where the literal enforcement of the provisions of this chapter would result in an unnecessary hardship, and where such variance is necessary to permit a specific parcel of land which differs from other parcels of land in the same district by being of such restricted area, shape or slope that it cannot be developed in a manner commensurate with the development permitted upon other parcels of land in the same district. A modification of the standards established by this chapter shall not be granted or relieve a self-created or personal hardship, not for financial reason only, nor shall modification be granted to permit any person a privilege in developing a parcel of land not permitted by this chapter to other parcels of land in the district.

(Code 1996, 153.103; Ord. No. 0002, 12-14-1995)

(a)

A filing fee as currently established or as hereafter adopted by resolution of the city council from time to time shall be charged for each of the following:

(1)

Rezoning or planned unit development (PUD) requests.

(2)

Certificates of zoning compliance.

(3)

Appeals to city council.

(b)

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

(Code 1996, 153.104; Ord. No. 0002, 12-14-1995; Ord. No. 2021-013, § 1(App. A), 9-23-2021)

(a)

The regulations, restrictions, and boundaries set forth in this subchapter may from time to time be amended, supplemented, changed or repealed upon initiation by the city manager, the city council or by a petition of a property owner or his authorized agents, provided, however, that no such action may be taken until:

(1)

The question has been referred to the zoning administrator for consideration on the question, and their recommendation received and until;

(2)

A public hearing has been held in relation thereto, before the city council at which parties in interest and citizens shall have an opportunity to be heard.

(b)

At least 15 days prior to the hearings, notice of the time and place of such hearings and a description of proposed changes shall be published in a newspaper of general circulation in the city.

(c)

When a proposed amendment affects the zoning classification of property, written notice shall be given to property owners within a distance of at least 200 feet from the boundaries of the subject property at least 15 days prior to the hearing date. If a proposed change to a regulation or boundary is protested in accordance with this subsection, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths of all members of the city council. The protest must be written and signed by the owners of at least 20 percent of either:

(1)

The area of the lots or land covered by the proposed change; or

(2)

The area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area.

In computing the percentage of land area under this subsection, the area of streets and alleys shall be included.

(d)

The same procedure for notifying adjacent property owners shall be followed by the zoning administrator for hearings on rezoning petitions and for use permit applications unless otherwise provided.

(e)

All meetings of the city council shall be open to the public. The city council shall keep minutes of their proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicate 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 city secretary and shall be a public record.

(f)

If a petition for rezoning is denied by the city council, another petition for reclassification of the same property or any portion of that property may not be filed for one year from the date of the final denial.

(Code 1996, 153.105; Ord. No. 0002, 12-14-1995)

State Law reference— Procedures governing adoption of zoning regulations and district boundaries, V.T.C.A., Local Government Code § 211.006.