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Fritch City Zoning Code

ARTICLE 14

04 ADMINISTRATIVE PROVISIONS

§ 14.04.001 Enforcement and administration.

(a) 
Zoning map.
(1) 
Two (2) zoning maps shall be kept in the office of the city secretary.
(2) 
It shall be the duty of the city secretary to keep the zoning map current by entering on such maps changes of zoning districts or district boundaries which the city council may from time to time order by amendments to the zoning ordinance and zoning map. A copy of the zoning map, in the form as originally adopted, shall be kept in the office of the city secretary as a permanent record.
(3) 
Upon the adoption of the zoning ordinance, the city secretary shall affix a certificate identifying the map in his office as the zoning map of the city. All amendments of the map shall be made immediately after their enactment and the date of the change shall be noted on the certificate.
(b) 
Administrative official.
(1) 
The provisions of this chapter shall be administered and enforced by the zoning official.
(2) 
The zoning official or his duly authorized representative shall have the right to enter upon any premises during regular city hall office hours for the purpose of making inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter.
(3) 
Whenever any construction work is being done contrary to the provisions of this chapter, the zoning official shall order the work stopped by notice in writing served on the owner or contractor doing or causing the work to be done, and any such person shall stop such work until authorized by the zoning official to proceed with the work.
(c) 
Certificate of occupancy.
(1) 
Certificates of occupancy shall be required for any of the following:
(A) 
Occupancy and use of a building hereafter erected or structurally altered.
(B) 
Change in use of an existing building to a use of a different classification.
(C) 
Occupancy and use of vacant land, except agricultural use.
(D) 
Change in use of land to a different classification.
(E) 
Any change in the use of a nonconforming structure.
(2) 
No occupancy, use or change of use shall take place until a certificate of occupancy therefor shall have been issued by the zoning official.
(3) 
Written application for a certificate of occupancy for a new building or for an existing building which is to be altered shall be made at the same time as the application for the building permit for such building. When the erection or alteration of the building or part thereof has been completed in conformity with the provisions of this chapter, the certificate shall be issued within five (5) days of the owner’s notification of completion to the zoning official.
(4) 
Written application for a certificate of occupancy for the use of vacant land, or for a change in the use of land or a building, or for a change in a nonconforming use, as herein provided, shall be made to the zoning official. If the proposed use is in conformity with the provisions of this chapter, the certificate of occupancy shall be issued within five (5) days after the application has been made.
(5) 
Every certificate of occupancy shall state that the building or the proposed use of a building or land complies with all provisions of law. A record of all certificates of occupancy shall be kept on file in the office of the zoning official or his agent, and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected.
(6) 
Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the zoning official for a period not exceeding six (6) months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificates shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the city relating to the use or occupancy of the premises or any other matter covered by this chapter.
(7) 
A certificate of occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of this chapter. Application for a certificate of occupancy for a nonconforming use shall be filed with the zoning official by the owner or lessee of the building or land occupied by such nonconforming use within one (1) year of the effective date of the zoning ordinance. It shall be the duty of the zoning official to issue a certificate of occupancy for a lawful nonconforming use, but failure to apply for such certificate of occupancy for a nonconforming use or refusal of the zoning official to issue a certificate of occupancy for such nonconforming use shall be evidence that the nonconforming use was either illegal or did not lawfully exist at the effective date of this chapter (May 22, 1987).
(d) 
Completion of authorized buildings.
(1) 
The regulations herein shall not require any change in the plans, construction or designated use of a building, provided:
(A) 
Such building was lawfully under construction on the effective date of this chapter (May 22, 1987); or
(B) 
Such building was authorized by a building permit obtained on or before the effective date of this chapter and construction shall have begun on or before the expiration of six (6) months from the date of issuance of the permit.
(C) 
Building permit and occupancy form:
PERMIT No. __________
CITY OF FRITCH
BUILDING PERMIT AND APPLICATION FOR CERTIFICATE OF OCCUPANCY AND COMPLIANCE
Owner’s name _______________________
Date __________
Address ____________________________
Zone __________
Lot _____; Block_____; Addition
Character of occupancy
( )
Foundation permit only, move-in building;
New construction
( );
Remodeled
( );
Enlarged
( );
Repaired
( )
Estimated cost _______________________
Total square feet ________________
Contractor __________________________
Address ______________________
Application is hereby made to the City of Fritch, Texas, under the provisions of the Planning and Zoning Ordinance to use and occupy the above premises as indicated. I (We) understand that should the premises be used or occupied in violation of this agreement or the Planning and Zoning Ordinance, that I (We) shall be subject to penalty in accordance with the provisions of the Planning and Zoning Ordinance or other applicable regulations of the City of Fritch.
Signature of applicant
(Owner, Owner’s Agent, or Contractor)
All construction for which a permit is required shall be subject to inspection by the City of Fritch. Please call the City Hall when the following listed inspections are ready. Construction may NOT proceed until approval has been obtained, in writing, for the phase requiring inspection.
INSPECTIONS REQUIRED
1.
Construction Meter ( );
2.
Foundation ( ); and Plumbing Rough-in ( ); Concrete Slab ( )
3.
Frame ( ); Plumbing ( ); and Electrical Rough-In ( )
4.
Final: Building ( ); Plumbing ( ); and Electrical ( )
Building Inspector
Permit Fee Paid $ _________________________________
Date __________
CITY HALL 857-3143
(2) 
Commitments with reference to construction of public utility buildings necessary for proposed expansion of the city, made prior to the passage of this chapter (May 22, 1987), shall be observed.
(1995 Code, sec. 15-61)

§ 14.04.002 Changes and amendments.

(a) 
City council authority.
The city council may, from time to time, by ordinance, amend, supplement, change, modify or repeal the boundaries of the various districts or the regulations herein established. Before any such action, the city council shall submit the same to the planning and zoning commission for its recommendations and report.
(b) 
Procedures before planning and zoning commission.
(1) 
The planning and zoning commission shall hold a public hearing on all proposed changes in zoning regulations or district boundaries. Written notice of all public hearings shall be sent to all owners of real property lying within two hundred (200) feet of the property on which a change in classification is proposed. Such notice shall be given not less than ten (10) days before the day set for the hearing to all owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing it, properly addressed and postage paid, in a United States post office. For any change in classification, regulation, or district boundaries, at least fifteen (15) days’ notice of the time and place of such hearing shall be placed in a newspaper of general circulation in the city.
(2) 
Each such recommendation made by the planning and zoning commission shall be reported to the city council, in writing, and the applicant notified of the action of the planning and zoning commission.
(3) 
The planning and zoning commission shall establish and maintain a separate file for each application received and shall record the names and addresses of all persons, firms and corporations to whom notices are mailed, including the date of mailing and the persons by whom such notices were delivered to the United States post office. All records and files herein provided shall be permanent and official files of the city.
(c) 
Procedure before city council.
(1) 
After receiving the recommendation of the planning and zoning commission that the zoning regulation or district boundary be changed, or upon written request by the applicant when a recommendation has been made against such change, the city council shall hold a public hearing, concerning the same, at the earliest practicable time, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days’ notice of time and place of such hearing shall be published in a newspaper of general circulation in the city.
(2) 
When the planning and zoning commission has recommended a change in zoning regulations, classifications or district boundaries, the city council shall be at liberty to either accept, reject or take other action provided such action is consistent with the public notice and the provisions of this chapter.
(3) 
No application requesting a zoning district classification change on any property, which application includes any such property either entirely or any part thereof, which has been denied by the city council shall be again considered for the same or any less restrictive or lower zoning district classification by the planning and zoning commission before the expiration of six (6) months from the date of the final action of the city council, unless conditions pertaining to the property considered in the original application and/or property in the area have, in the opinion of the planning and zoning commission, changed to such an extent as to justify a subsequent application prior to the expiration of six (6) months from the date of the original order or decision of the city council.
(4) 
Approval or denial of an application for zoning district classification change shall be by a majority of all the members of the city council; however, in the event of a written protest against such change, signed by the owners of twenty percent (20%) or more either of the area of the lots or land included in such proposed change, or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all the members of the city council.
(d) 
Fees for requesting change in zoning.
An applicant requesting an amendment, supplement, change, modification of the zoning ordinance, including the zoning map, which requires the sending of notices or the publication of notices in the newspapers, shall deposit with the city secretary an amount of money estimated by the zoning official to be sufficient to mail and publish all notices required by law. In no event shall the amount be less than fifty dollars ($50.00).
(1995 Code, sec. 15-63)

§ 14.04.003 Violations and penalties.

Any person who shall violate any of the provisions of this chapter, or who shall fail to comply therewith or with any of the requirements thereof, or who shall erect or alter any building, or who shall commence to erect or alter any building in violation of any detailed statement or plan submitted or approved thereunder, shall for each and every violation or noncompliance be deemed guilty of a misdemeanor and shall be fined not more than an amount as provided in section 1.01.009. Each day such violation shall be permitted to exist shall constitute a separate offense. The owner of that building or premises, or part thereof, where anything in violation of this chapter shall be placed or shall exist shall be guilty and upon conviction shall be subject to the penalties herein provided.
(1995 Code, sec. 15-64)