(a)

The official zoning map of the city shall be kept in the office of the city secretary and one copy shall be maintained in the office of the building inspector. It shall be maintained by the office of the building inspector. It shall be the duty of the city secretary to keep the official map current and the copies thereof, herein provided for, by entering on such maps any changes which the city council may from time to time order by amendments to the this chapter.

(b)

The city secretary, upon the adoption of the ordinance from which this the chapter is derived, shall affix a certificate identifying the map in his/her office as the official zoning map of the city. He/she shall likewise officially identify the copies directed to be kept in the office of the building inspector.

(Zoning Ord. 1999, § 18-1)

(a)

Administrative official. The provisions of this chapter shall be administered and enforced by the building inspector of the city.

(1)

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

(2)

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

(b)

Requirements for building permit. All applications for building permits shall be accompanied by accurate plot plans, submitted in duplicate, drawn to scale, showing:

(1)

The actual shape and dimensions of the lot to be built upon;

(2)

The exact sizes and locations on the lot of the buildings and accessory building then existing;

(3)

The lines within the proposed building and structure shall be erected or altered;

(4)

The existing and intended use of each building or part of building;

(5)

The number of families or housekeeping units the building is designed to accommodate;

(6)

Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter.

a.

One copy of such plot plans will be returned to the owner when such plans have been approved.

b.

All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey by a qualified registered surveyor and the lot shall be staked out on the ground before construction is started.

(c)

Existing permits and private agreements. This chapter is not intended to abrogate or annul:

(1)

Any permits issued before the effective date of the ordinance from which this chapter is derived;

(2)

Any easement, covenant or any other private agreement.

(d)

Preserving rights in pending litigation and violations under existing ordinances. By the passage of the ordinance from which this chapter is derived, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized or an illegal use, as the case may be. It is further the intent and declared purpose of this chapter that no offense committed, and no liability, penalty, or forfeiture, either civil or criminal, shall be discharged or affected by the adoption of the ordinance from which this chapter is derived; but prosecutions and suits for such offenses, liabilities, penalties, or forfeitures may be instituted or causes presently pending be proceeded within all respects.

(e)

Completion of authorized buildings. Nothing in these regulations nor in any amendments hereto which change district boundaries shall require any change in the plans, construction or designated use of a building which shall be completed in its entirety within two years from the date of the passage of the ordinance from which this chapter is derived, provided such building was authorized by building permit before the passage of the ordinance from which this chapter is derived, and further provided construction shall have been started within 90 days of the passage of the ordinance from which this chapter is derived. Commitments with reference to construction of public utility buildings for proposed expansion of the city made prior to the passage of the ordinance from which this chapter is derived shall be observed.

(Zoning Ord. 1999, § 18-2)

(a)

Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Board means the board of adjustment.

(b)

Organization and procedure.

(1)

Establishment. A board of adjustment is hereby established in accordance with the provisions of V.T.C.A., Local Government Code § 211.008 regarding the zoning of cities and with the powers and duties as provided in said statutes.

(2)

Membership. The board shall consist of five citizens of the city, each to be appointed or reappointed by the city council, for staggered terms of two years respectively. Each member of the board shall be removable for just cause by the city council upon written charges and after public hearings. Vacancies shall be filled by the city council for the unexpired term of any member whose term becomes vacant. The board shall elect its own chairman, who shall serve for a period of one year or until his successor is selected.

(3)

Meetings. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine.

(4)

Hearings. The hearings of the board of adjustment shall be public. However, the board of adjustment may go into executive session, in accordance with state law, for discussion but not for vote on any case before it. The board shall hear the intervention of any owner of adjacent property to, in the rear of, or across the street from a lot as to which the granting of any building permit is pending, and shall also hear any other parties in interest.

(5)

Rules and regulations.

a.

The board shall keep minutes of its proceedings, 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 a public record.

b.

The board of adjustment shall act by resolution in which three members must concur. The board shall adopt from time to time such additional rules and regulations as it may deem necessary to carry into effect the provisions of this chapter, and shall furnish a copy of the same to the building inspector, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and order shall be in accordance therewith.

(c)

Appeals.

(1)

Procedure. Appeals may be taken to and before the board of adjustment by any persons aggrieved, or by any officer, or department of the city. Such appeal shall be made by filing with the building inspector a notice of appeal and specifying the grounds thereof. The office or department from which the appeal is taken shall forthwith transmit to the board of adjustment all of the papers constituting the record upon which the action appealed from was taken.

(2)

Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the building inspector shall certify to the board of adjustment that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceeding shall not be stayed other than by a restraining order which may be granted by the board of adjustment or by a court of equity, after notice of the officer from whom the appeal is taken and on due cause shown.

(3)

Notice of hearing on appeal. The board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notice of such hearing to the petitioner and to the owners of property lying within 200 feet of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the board to be affected thereby, such owners and persons being determined according to the current tax rolls of the city. Depositing of such written notice in the mail shall be deemed sufficient compliance therewith.

(4)

Decision by board. The board shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The board may reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination appealed from and shall make such order, requirement, decision, or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer or department from whom the appeal is taken.

(d)

Powers and duties of board.

(1)

Subpoena witnesses, administer oaths, etc. The board shall have the power to subpoena witnesses, administer oaths, and punish for contempt, and may require the production of documents under such regulations as it may establish.

(2)

Appeal based on error. The board shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirements, decision, or determination made by the building inspector in the enforcement of this chapter.

(3)

Special exceptions. The board shall have the power to hear and decide special exceptions to the terms of this chapter upon which the board is required to pass as follows or elsewhere in this chapter:

a.

To permit the erection and use of buildings.

b.

To permit a public utility or public service use or structure in any district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety, or general welfare.

c.

To permit a transitional use between a business or industrial and residential district where the side of a lot in a single-family or multiple-family district abuts upon a lot zoned for business or industrial purposes as follows:

1.

On a lot in a single-family district which sides upon a lot zoned for business or industrial purposes, the board may permit a two-family dwelling on a lot with an area of not less than 6,000 square feet.

2.

Provided, however, that in no case shall any transitional use have a width of more than 100 feet.

d.

To grant a permit for the extension of a use, height, or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership on the effective date of the ordinance from which this chapter is derived.

e.

To waive or reduce the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make necessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.

f.

To permit land within 300 feet of a multiple-family dwelling to be improved for the parking spaces required in connection with a multiple-family dwelling, but only when there is positive assurance that such land will be used for such purpose during the existence of the multiple-family dwelling.

g.

To determine whether an industry should be permitted within district LI, because of the methods by which it would be operated and because of its effect upon uses within surrounding zoning districts.

h.

To determine in cases of uncertainty the classification of any use not specifically named in this chapter.

i.

All applications for special exceptions shall be in writing by the owner and filed with the city. Hearing shall be set not less than 15 days after filing and notice shall be given to all property owners within 200 feet of the property on which the exception is requested stating the name of the person seeking the exception, the property involved, when the application will be heard, and advising that those receiving notice may contest the application.

(4)

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

a.

Permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare.

b.

Authorize upon appeal, whenever a property owner can show that a strict application of the terms of this chapter relating to the use, construction, or alterations of buildings or structures or the use of land will impose upon him unusual and practical difficulties or particular hardship, such variances from the strict application of the terms of this chapter as are in harmony with its general purpose and intent, but only when the board is satisfied that a granting of such variation will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance from the community plan as established by this chapter, and at the same time, the surrounding property will be properly protected.

c.

Application for variance shall be in writing on a form provided by the city and it will be filed with the city and a fee in the amount provided in the city fee schedule paid by the applicant. Hearing shall be given to all property owners within 200 feet of the property on which the variance is sought, stating the name of the person seeking the variance, when the application will be heard and advising those receiving a notice that they may contest the application.

(5)

Changes. The board shall have no authority to change any provisions of this chapter, and its jurisdiction is limited to hardship and borderline cases which may arise from time to time.

(Zoning Ord. 1999, § 18-3)

(a)

Required for.

(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.

Any change in the use of a nonconforming use.

(2)

No such occupancy, use, or change of use shall take place until a certificate of occupancy therefor shall have been issued by the building inspector.

(b)

Procedures for new or altered buildings. 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. Said certificate shall be issued within three days after a written request for the same has been made to said building inspector after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this chapter.

(c)

Procedures for vacant land or a change in use. 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 said building inspector. If the proposed use is in conformity with the provisions of this chapter, the certificate of occupancy therefor shall be issued within three days after the application for same has been made.

(d)

Contents and filing of certificate of occupancy. 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 building inspector and copies shall be furnished on request to any person having proprietary or tenancy interests in the building or land affected.

(e)

Temporary certificate. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the building inspector for a period not exceeding six 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 to the city relating to the use of occupancy of the premises or any other matter covered by this chapter.

(Zoning Ord. 1999, § 18-4)

(a)

Petition. Any person or corporation having a proprietary interest in any property may petition the city council for a change, supplement or amendment to the provisions of this chapter or the planning and zoning commission may on its own motion or on request from the city council institute a study and proposal for changes, supplements and amendments in the public interest.

(b)

Procedures.

(1)

The city council may, from time to time, amend, supplement, or change by ordinance the districts or the regulations herein established.

(2)

Before taking action on any proposed amendment, supplement, or change, the city council shall submit the proposed revisions to the planning and zoning commission for its recommendations and report.

(3)

The planning and zoning commission shall hold a public hearing on any request for any amendment, supplement or change prior to making its recommendation and report to the city council. Written notice of all public hearings before the planning and zoning commission on any proposed amendment, supplement, or change shall be sent to all owners of real property lying within 200 feet of the property on which the change is requested. Such notice shall be given not less than ten days before the date set for hearing by posting such notice properly addressed and postage paid to each taxpayer as the ownership appears on the last approved city tax roll.

(4)

A public hearing shall be held by the city council before adopting any proposed amendment, supplement, or change. Notice of such hearing shall be given by publication one time in a paper of general circulation in the city, stating the time and place of such hearing, which time shall not be earlier than 15 days from the first date of publication.

(5)

Unless a proposed amendment, supplement, or change has been approved by the planning and zoning commission, or if a protest against such proposed amendment, supplement, or change has been filed with the city secretary, duly signed and acknowledged by the owners of 20 percent or more of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending 200 feet therefrom, or of those directly opposite thereto extending 200 feet from the street frontage of such opposite lots, or of those adjacent on either side of the area of said lots extending 200 feet therefrom, such change shall not become effective except by favorable vote of three-fourths of all the members of the city council.

(6)

There shall be a fee in the amount provided in the city fee schedule charged for any request for a zoning change.

(c)

Limitation of resubmission of petition. No amendment, supplement, or change or repeal of any section of this chapter which has been legally rejected by both the city council and the planning and zoning commission shall be again considered by either the city council or the planning and zoning commission on an appeal or petition by an appellant or request before the expiration of one year from the date of the original action.

(Zoning Ord. 1999, § 18-5)

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the building or premises or upon height of building, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants, or agreements, the provision of this chapter shall govern.

(Zoning Ord. 1999, § 18-6)

Any person or corporation who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof, or who shall build or alter any building or use in violation of any detailed statement or plan submitted and approved hereunder shall be guilty of a misdemeanor and shall be liable to a fine of not more than $100.00 and each day such violation shall be permitted to exist shall constitute a separate offense. The owner of any building or premises or part thereof, where anything in violation of this chapter shall be placed, or shall exist, and any architect, builder, contractor, agent, person, or corporation employed in connection therewith and who may have assisted in the commission of any such violation shall be guilty of a separate offense, and upon conviction, shall be fined as herein provided.

(Zoning Ord. 1999, § 18-9)