A building official shall administer and enforce this ordinance. He may be provided with the assistance of such other persons as the city council may direct.

(a)

If the building official shall find that any of the provisions of this ordinance are being violated, he shall notify in writing the persons responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to insure compliance with or to prevent violation of its provisions.

(Ord. No. 2008-07, § 7, 3-3-08)

(10-201) [Building permit required.] No building or other structure shall be erected, moved, added to, or structurally altered without a required permit therefore, issued by the building official. No building permit shall be issued except in conformity with the provisions of this ordinance, except after written order from the board of adjustment.

(10-202) Application for building permit. All applications for building permits shall be accompanied by plans in duplicate, drawn to scale showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the building official, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be deemed necessary to determine conformance with, and provide for the enforcement of this ordinance.

(1)

One (1) 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.

(10-203) Expiration of building permit.

(1)

If the work described in any building permit has not begun within six (6) months from the date of issuance thereof, said permit shall expire; it shall be cancelled by the building official and written notice thereof shall be given to the persons affected.

(2)

If the work described in any building permit has not been substantially completed within two (2) years of the date of the issuance thereof, said permit shall expire and be cancelled by the building official and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new building permit has been obtained.

(Ord. No. 2008-07, § 7, 3-3-08)

(10-401) A temporary use permit shall be required before the following temporary uses can be permitted in the district or districts indicated:

(10-402) A temporary use permit is an exception to the zoning ordinance and allowable where the facts and conditions prescribed and detailed in the ordinance as those upon which a temporary use permit may be granted are determined by the board of adjustments to exist.

(10-403) The applicant, in applying to the board of adjustment for a temporary use permit or exception, shall simply demonstrate that he meets the requirements of the particular use and district and need not show unnecessary hardship.

(10-404) Deleted.

(10-405) The purpose of the regulations described in the subsection is to allow the proper integration into the city of uses which may be suitable only in specific locations in a zoning district and only for limited periods of time.

(10-406) Application for a temporary use permit shall be made by the property owner or certified agent thereof to the board of adjustment on forms prescribed for this purpose by the city council. Temporary use permits, revocable, conditional and valid for a term period not to exceed twelve (12) months, may be issued by the board of adjustments for any of the uses or purposes for which such permits are required or permitted by the terms of this ordinance. Granting of a temporary use permit does not exempt the applicant from complying with the requirements of the building code or other ordinances.

(10-407) The fee to cover administrative costs of a temporary use permit application shall be as established by the city council, no part of which shall be refundable.

(10-408) In considering any application for a temporary use permit, the board of adjustment shall give due regard to the nature and condition of all adjacent uses and structures. The board of adjustment may deny an application for a temporary use permit, and, in granting or renewing a temporary use permit, the board of adjustment may impose such requirements and conditions with respect to location, construction, maintenance, and operation, in addition to those expressly stipulated in this ordinance for the particular use, as they may deem necessary for the protection of adjacent properties, and the public interest.

(10-409) Provided that the board of adjustment finds:

(1)

That the proposed structure or use conforms to the requirements and intent of this ordinance and the comprehensive plan;

(2)

That any additional conditions stipulated by the board of adjustment as deemed necessary in the public interest have been met; and

(3)

That such use will not under the circumstances of the particular case constitute a nuisance or be detrimental to the public welfare of the community; the board of adjustment shall issue a temporary use permit therefor.

(10-410) Following the issuance of a temporary use permit by the board of adjustment, the building official shall issue a building permit and ensure that development is undertaken and completed in compliance with said permits.

(Ord. No. 2008-07, § 7, 3-3-08)

(10-501) A specific use permit shall be required before the following specific uses can be permitted in the district or districts indicated.

(Ord. No. 2012-04, § 9, 6-18-12)

(10-502) A specific use permit is an amendment to the district regulations of the zoning ordinance that permits the permanent establishment of a specific use within a zoning district in which such specific use may be established.

(10-503) The building official shall not issue a building permit for such uses that are hereafter created, changed, converted or enlarged, either wholly or in part, until a specific use permit has been obtained in accordance with the amendment procedures set forth in section 14 [Article Fourteen.]

(10-504) The purpose of the regulations described in this subsection is to allow the proper integration into the city of uses which may be suitable only in specific locations in a zoning district.

(10-505) Application for a specific use permit shall be made by the property owner or certified agent thereof to the Groves City Planning and Zoning Commission on forms prescribed for this purpose by the city council. Such application shall be accompanied by a site plan set forth in Article Nine. Specific use permits, revocable, conditional or valid for a term period may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this ordinance. Granting of a specific use permit does not exempt the applicant from complying with the requirements of the building code or other ordinances.

(10-506) The fee to cover administrative and processing costs of a specific use permit application shall be as established by the city council.

Cross reference— For such fee, § 2-29.

(10-507) In considering any application for a specific use permit, the Groves City Planning and Zoning Commission may give due regard to the nature and condition of all adjacent uses and structures. The Groves [City] Planning and Zoning Commission may recommend disapproval of an application for a specific use permit, and, in recommending approval of a specific use permit, the Groves City Planning and Zoning Commission may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to the regulations of the district in which the particular use is located, as they may deem necessary for, the protection of adjacent properties and public interest,

(10-508) Provided that the Groves City Planning and Zoning Commission finds:

(1)

That the proposed structure or use conforms to the requirements and intent of this ordinance and the comprehensive plan of the city;

(2)

That any additional conditions stipulated by the Groves City Planning and Zoning Commission as deemed necessary in the public interest have been met; and

(3)

That such use will not under the circumstances of the particular case constitute a nuisance or be detrimental to the public welfare of the community; the Groves City Planning and Zoning Commission shall make a favorable recommendation in behalf of the application to the city council.

(10-509) Every specific use permit granted by the city council shall be considered as an amendment to the zoning ordinance as applicable to such property. In granting such permit, the city council may impose conditions which shall be complied with by the grantee for the use of the buildings on such property pursuant to said specific use permit.

(10-510) Following the passage of a specific use permit ordinance by the city council, the building official shall issue a building permit and shall insure that development is undertaken and completed in compliance with said permits.

(Ord. No. 2008-07, § 7, 3-3-08)

(10-601) Any person wishing to develop a townhouse project, or zero lot line project or extend an existing project within the corporate limits of the City of Groves shall submit a written request, preliminary plat, and specification of the project to the City of Groves Planning and Zoning Commission for approval.

(10-602) Upon approval of the preliminary plat by the city council, the developer shall prepare and submit the final plat and required documents to the planning and zoning commission and city council for final approval.

(10-603) The developer of a planned development project shall comply with the provisions of the subdivision control ordinance in preparing plans and specifications for the project.

(Ord. No. 2008-07, § 7, 3-3-08)

Building permits issued on the basis of plans and applications approved by the building official authorize only the use, arrangement and construction set forth in such approved plans and applications. Any other use, arrangement or construction at variance with that authorized shall be deemed violation of this ordinance, and punishable as provided by Article Eighteen hereof.

(Ord. No. 2008-07, § 7, 3-3-08)

(10-801) A specific use permit shall be required before any Recreational Vehicle Park can be developed within the corporate limits of the City of Groves.

(10-802) Parking on public streets. It shall be unlawful for any person to park any mobile home or recreational vehicle on any street, highway, alley, sidewalk, or other public place in the city for a longer period than three (3) hours.

(10-803) Parking outside Mobile Home/Recreational Vehicle Parks. No mobile home or recreational vehicle shall be parked for use or occupancy on any tract of ground within the city limits of the City of Groves except in a duly authorized Mobile Home Park or a Recreational Vehicle Park, provided, however:

(a)

That the building official may permit the parking, use and occupancy of a mobile home or recreational vehicle outside of a duly authorized Mobile Home/Recreational Vehicle Park for a period of time not exceeding ten (10) days, when such mobile home or recreational vehicle is occupied by persons employed in the operation of a temporary recreational, amusement, or civic activity. Such temporary parking, use and occupancy of said mobile home or recreational vehicle shall be permitted only when the mobile home or recreational vehicle is parked on the same premises on which the activity is located and only when adequate sanitary facilities are available upon the premises for the use of the occupants of the said mobile home or recreational vehicle;

(b)

The board of adjustment may grant variances from this section for hardship cases in accordance with the provisions of subsection 11-203(1)(a)(6).

(10-804) Any person wishing to expand an existing Mobile Home Park or develop a Recreational Vehicle Park subdivision within the corporate limits of the City of Groves shall first submit a written request for a specific use permit and a preliminary plan to the Planning and Zoning Commission and City Council as provided in Section 10-500 and Article XIV of the Zoning Ordinance.

(10-805) From the date of approval of the specific use permit by the city council, the developer of a Recreational Vehicle Park shall have one (1) year to commence construction and two (2) years to complete said park; otherwise the specific use permit shall terminate and shall be void.

(10-806) Minimum standards for a Recreational Vehicle Park. The developer shall comply with the provisions as set forth in Chapter 26, Recreational Vehicle Parks, and Appendix "B," Subdivision Control Ordinance of the Code of Ordinances, City of Groves, Texas.

(10-807) Permitted uses in Recreational Vehicle Park. Upon issuance of a specific use permit by the city council, no changes shall be made to the approved plot plan and the following uses shall be permitted in the Recreational Vehicle Park:

(1)

Recreational Vehicle Occupancy.

(2)

Accessory uses providing services to the occupants of the Recreational Vehicle Park. Such uses may include recreational facilities and central or community garages, storage building and washaterias, provided these accessory uses are approved by the building official.

(Ord. No. 2008-07, § 7, 3-3-08; Ord. No. 2012-04, § 9, 6-18-12)

(10-901) A specific use permit shall be required before any apartment project and/or condominium project may be developed within the corporate limits of the City of Groves.

(10-902) Any person wishing to develop an apartment project and/or condominium project, or in the case of an existing apartment project and/or condominium project, wishing to extend and/or expand the project within the corporate limits of the City of Groves shall first submit a written request for a specific use permit, a site plan and typical floor plan for the project to the city planning and zoning commission for approval.

(10-903) The developer of an apartment project and/or condominium project shall comply with the following provisions in preparing the site plan and typical floor plan for the project:

(1)

Lot Area: A minimum of twenty-five thousand (25,000) sq. ft. and fifty (50) ft. wide shall be required.

(2)

Living area: A minimum living area of one thousand (1,000) sq. ft. per family unit, excluding garage and/or carport space shall be required.

(3)

Building area: The maximum ground floor building area shall not exceed thirty (30) per cent of the gross area of the lot or tract of land.

(4)

Setbacks:

(a)

A front building setback line of twenty-five (25) feet.

(b)

A side building setback line of ten (10) feet.

(c)

A rear building setback line of twenty-five (25) feet.

(5)

Height regulations: No building shall exceed three stories in height.

(6)

Screening fences: When required by the city council, a six-foot permanent screening fence or wall shall be constructed in conformity with city standards. The type and location of said fence shall be determined by the city council.

(7)

Parking: At least two (2) off-street parking spaces for each apartment unit shall be provided for within the project.

(8)

Drainage: The ground surface in all parts of the project shall be graded and equipped to drain all surface water in a safe efficient manner so as not to permit water to stand and become stagnant or to flow to neighboring property.

(9)

Fire protection: Proper fire protection shall be provided for by the developer of the project.

(10)

Accessory structures: Accessory structures (carports and storage buildings) when detached from the main building may be permitted in the required side and rear yards provided:

(a)

That they are detached from the main building or structure and separated there from by a distance of not less than ten (10) feet, and

(b)

[That] said accessory structures have a rear and side yard setback of not less than five (5) feet.

(10-904) Upon approval of the project by the planning and zoning commission, the same shall be submitted to the city council for final approval of the specific use permit. Upon approval by the city council, the developer shall have one (1) year to commence construction of the project, otherwise the specific use permit shall terminate and shall be voided.

(Ord. No. 2008-07, § 7, 3-3-08)