Harker Heights City Zoning Code

PERMITS

§ 155.200 BUILDING PERMITS.

No permit for the erection, alteration, or enlargement of any building shall be issued by the Building Official unless there first be filed in his office by the applicant therefore a plot, drawn to scale, and in such form as may be prescribed by the Building Official, correctly showing the location and actual dimensions of the lot to be occupied, the dimensions and location on the lot of the building to be erected, altered, or enlarged, together with a true statement in writing, signed by the applicant, showing the use for which such building is arranged, intended, or designed, and furnishing such other information as the Building Official may require in the enforcement of the provisions of this Code, and any failure to comply with the provisions of such Code shall be good cause for the revocation of any such building permit by the Building Official. A record of such application and plots shall be kept in the office of the Building Official.

(Ord. 2001-36, passed 11-13-01)

§ 155.201 CONDITIONAL USE PERMITS.

(A) Purpose. The purpose of the conditional use permit process is to identify those land uses which may be appropriate within a zoning district but, due to either their location, function or operation could have a harmful impact on adjacent properties or the surrounding area, and to provide a procedure whereby such uses may be permitted by further restricting or conditioning them so as to mitigate or eliminate such potential adverse impacts. The conditional use permit remains with land, regardless of ownership, until termination thereof.

(B) Planning and Zoning Commission consideration.

(1) Application. Only the property owner may apply for conditional use permits. The application for a conditional use permit shall be submitted on a form approved by the Planning and Development Director and shall be accompanied by a site plan in a form acceptable to the Planning and Development Director. The application shall be filed with the Planning and Zoning Commission, together with the application fee and all required attachments, not less than 30 days prior to the meeting at which the applicant wishes to have his or her request considered.

(2) Notice and hearing. For purposes of giving notice and conducting a public hearing, the Planning and Zoning Commission shall treat the application as a rezoning request.

(3) Report by Planning and Zoning Commission. Following proper application, notice to affected landowners and public hearing, the Planning and Zoning Commission shall make a report to the City Council which shall recommend approval or denial of the application for a conditional use permit, and which shall further specify such restrictions or conditions of approval as the Planning and Zoning Commission may deem appropriate.

(4) Criteria for approval. The Planning and Zoning Commission may recommend approval of a conditional use permit by majority vote, but should recommend disapproval of application if it finds one or more of the following to be true:

(a) The proposed use does not conform with applicable regulations and standards established by this chapter;

(b) The proposed use will be inconsistent with the objectives and purposes of the zoning district in which the development is located, or the goals, objectives and policies set forth in the city's current Comprehensive Zoning Plan;

(c) The proposed use will be incompatible with existing or permitted uses on abutting sites because of use, building height, bulk and scale, setbacks and open spaces, coverage, landscaping and screening, drainage, or access and circulation features;

(d) The proposed use is not suitable to the premises or structure(s) in which it will be conducted;

(e) The proposed use potentially creates greater unfavorable effects or impacts on existing or permitted uses on abutting sites than those which might reasonably result from the use of the site for a use permitted by right;

(f) The proposed use will be detrimental to the public health, safety or welfare, or will materially injure property or improvements in the vicinity in a manner specified by the Commission;

(g) The proposed use fails to reasonably protect persons and property from erosion, flood or water damage, fire, noise, glare, odors, or similar hazards or impacts;

(h) The proposed use will materially and adversely affect the safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area under existing zoning regulations;

(i) The proposed use will materially and adversely affect traffic control or adjacent properties by inappropriate location, lighting or types of signs; or

(j) The proposed use fails to provide adequate and convenient off-street parking and loading facilities.

(1) Generally. The City Council shall consider the application at the first regular meeting scheduled after it has received the final report of the Planning and Zoning Commission. The Council may vote to approve the application, vote to deny the application, table matter for future consideration, or refer the application back to the Planning and Zoning Commission for further study and a new recommendation. In the event that an application for a conditional use permit is not approved by the City Council within 180 days after the date it was first considered by the Planning and Zoning Commission, such application shall be deemed to have been denied on the 180th day after such first day of consideration.

(2) Vote required. The application may be approved by a majority vote of the Council, provided that the Council may not approve an application for a conditional use permit except by three-fourths approval vote if a written protest against such permit has been filed with the Building Official and such protest has been duly signed and acknowledged by the owners of at least 20% of the area of the lots or land immediately adjoining the area covered by the requested permit and extending 200 feet from that area.

(3) Conditions of approval. Regardless of whether such conditions have been recommended by the Planning and Zoning Commission, the City Council may establish such conditions of approval as are reasonably necessary to insure compatibility with surrounding uses and to preserve the public health, safety and welfare. Such conditions may ;include, without limitation, a limited term or duration of the permit; requirements for special yards, lot sizes, open spaces, buffers, fences, walls or screening; requirements for the installation and maintenance of landscaping or erosion control measures; requirements for street improvements, regulation of vehicular ingress or egress and traffic circulation regulation of signs; regulation of hours or other characteristics of operation; establishment of development schedules for performance or completion; and such other reasonable conditions as the City Council may deem necessary to preserve the health, safety, and welfare of the applicant and the public. In any event, no conditional use permit shall be granted unless and until the recipient thereof shall agree in writing to comply with such conditions of approval as may be imposed by the City Council.

(4) Ordinance required. If the application is duly approved by the City Council, an ordinance authorizing its issuance shall be promptly thereafter executed by the Mayor. The ordinance shall set forth the conditions of approval, and may provide that any person or legal entity found guilty of violating such ordinance may be feed an amount not exceeding $2,000 for each day during which a violation is committed.

(5) Submission of application following disapproval. If an application for a conditional use permit has been disapproved by the City Council, whether such disapproval results from formal Council action or the failure to approve the application within the specified time, the same or substantially identical application shall not be filed with the Planning and Zoning Commission for a period of at least 180 days after the date of such disapproval. Upon disapproval of any subsequent identical or substantially identical application, the same or substantially identical application shall not be filed for a period of 12 months from the date of the last disapproval. However, the provisions of this division shall not operate to prohibit the filing of an application after legal title of record has been transferred to a new owner.

(D) Record of permits. The Planning and Development Director shall maintain a record of all conditional use permits granted by the city.

(E) Term.

(1) A conditional use permit shall continue in full force and effect until the earliest occurrence of any of the following events of termination, at which time it shall immediately become void and shall have no further effect:

(a) The building or premises is not put to the permitted use for a period of one year or more from the effective date of the ordinance authorizing issuance of the permit;

(b) The permit expires by its own terms;

(d) Another conditional use permit is approved for the site;

(e) The building or premises is substantially enlarged, extended, reconstructed or altered;

(f) The use of the building or premises is materially expanded, increased or otherwise altered; or

(g) The violation of any one or more of the conditions of approval.

(2) For purposes of this section the City Manager shall have the authority, subject to review by the Zoning Board of Adjustment, to determine whether an event of termination has occurred. Whenever the City Manager shall make a formal determination as to whether an event of termination has occurred, he shall promptly make and forward to the Planning and Zoning Commission and Zoning Board of Adjustment a written report describing the facts surrounding such determination and the reasons for such determination.

(Ord. 2001-36, passed 11-13-01)

§ 155.202 CERTIFICATE OF OCCUPANCY.

(A) No vacant land shall be occupied or used, except for agricultural uses, until a certificate of occupancy shall have been issued by the Building Official.

(B) No premises shall be used and no buildings hereafter erected or structurally altered shall be used, occupied, or changed in use, until a certificate of occupancy and compliance shall have been issued by the Building Official subject to the laws and the provisions of these regulations and other applicable regulations.

(C) Certificates of occupancy and compliance shall be applied for coincident with the application for a building permit and shall be issued within ten days after the erection or structural alterations of such buildings shall have been completed in conformity with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the Building Official.

(D) No permit for excavation for any building shall be issued before application has been made for certificate of occupancy and compliance.

(E) A certificate of occupancy shall be required of all nonconforming uses. Application for a certificate of occupancy for nonconforming uses shall be filed within 12 months from the effective date of this chapter, with the Building Inspector.

(Ord. 2001-36, passed 11-13-01)

§ 155.203 TEMPORARY USE PERMITS.

(A) Purpose. The purpose of the temporary use permit process is to identify those land uses which may be appropriate on a temporary basis in a zoning district but, due to either their location, function, or operation are considered inappropriate as permanent primary or accessory uses, and provide a procedure whereby such uses may be permitted for a defined period of time within parameters established herein.

(B) Permit required. Prior to the commencement of a temporary use permitted in this section, an individual must secure a permit issued by the City Manager or his or her designee. Sufficient documentation to show compliance with the provisions of this chapter as determined by the City Manager or his or her designee must be attached to the request prior to review of the application. The applicable minimum standards, referenced herein, and applicable fire, safety, health, and building regulations and codes shall serve as a guideline in the decision whether to issue the permit.

(C) Fee. The administrative and inspection fee, as set by the City Council, must be tendered with the complete application. Should a site not pass inspection, it will receive a second inspection upon notification by the applicant that all discrepancies had been resolved. Any further inspection will require an additional tender of the fee per inspection. The fee is not refunded if the premises fails the inspection or application is withdrawn.

(D) Permitted uses. The following uses are permitted upon issuance of a temporary use permit in the associated zoning district and pursuant to the applicable regulations.

(1) Long term seasonal sales. The sale, barter, lease, or rental conditionally or otherwise in any manner or by any means whatsoever of tangible property for a consideration, and such transactions taking place on a temporary basis outside of a dedicated structure that does not meet the definition of a GARAGE SALE in § 111.01 of the code of ordinances of the City of Harker Heights, pursuant to the following conditions:

(a) Hours of operation in residential areas will be limited to 8:00 a.m. to dusk or 8:00 a.m. to 10:00 p.m. hours of operation for commercial areas;

(b) On-site parking will be required for all events at one parking space for 800 square feet of outside event area. This parking will be in addition to any required parking for any existing use per § 155.066;

(d) The duration of the sale will not exceed 60 days; and

(e) A permit for a seasonal sale has not been issued on the site in the last 90 days.

(2) Short term seasonal sales. The sale, barter, lease, or rental conditionally or otherwise in any manner or by any means whatsoever of tangible property for a consideration, and such transactions taking place on a temporary basis outside of a dedicated structure that does not meet the definition of a GARAGE SALE in § 111.01 of the code of ordinances of the City of Harker Heights, pursuant to the following conditions:

(a) Hours of operation in residential areas will be limited to 8:00 a.m. to dusk or 8:00 a.m. to 10:00 p.m. hours of operation for commercial areas;

(b) On-site parking will be required for all events at one parking space for every 800 square feet of outside event area. This parking will be in addition to any required parking for any existing use per § 155.066 unless the use is not currently open;

(d) The duration of the sale will not exceed three days; and

(e) A permit for a seasonal sale has not been issued on the site in the last 30 days.

(3) Construction trailers. Mobile structures used to accommodate temporary offices, dining facilities and storage of building materials pursuant to the following conditions:

(a) Hours of operation would be limited to 7:00 a.m. to 10:00 p.m. unless a noise permit pursuant to § 95.08 is issued;

(b) On-site parking will be required at one parking space for every 200 square feet of gross floor area of any office space;

(d) The trailer will be removed ten days after issuance of the final certificate of occupancy for the development or expiration of the building permit.

(4) Temporary storage containers. Mobile structures or containers used to store and transport household and commercial goods or waste stored on a property for more then seven days pursuant to the following conditions:

(a) The container is stored wholly on the applicant’s property;

(b) The container shall not occupy the required parking spaces per § 155.066;

(d) The container shall be kept on the property a maximum of 60 days;

(e) One thirty-day extension to the maximum allowable time with sufficient evidence of need;

(f) There has not been an active permit for a temporary storage container for the subject tract in the previous 90 days; and

(g) Temporary storage containers lawfully placed prior to September 28, 2010 on a property may remain providing that they be painted in a complementary color to their surroundings, there is no visible rust or damage on the containers and that they remain secure at all times.

(E) Revocation. The City Manager may revoke the temporary use permit if the person holding the certificate refuses or fails to comply with requirements of:

(1) This chapter;

(2) Fire codes and regulations;

(3) Health and safety codes and regulations;

(4) Building codes and regulations; or

(5) Any law governing, or any standard pertaining to the operation of temporary use.

(F) Appeal provision. If the City Manager denies the issuance of a temporary use permit or revokes a temporary use permit issued hereunder, the City Manager shall, within three business days after the action, send to the applicant or holder of the temporary use permit a certified letter (return receipt requested) giving notice of the denial or revocation, stating the reasons therefor and the right to appeal. Further, the City Manager or his or her designee shall post a complete and legible copy of the notice on a conspicuous place on the site of the temporary use and shall document the time, date, and location of this posting. The applicant or holder of the temporary use permit may appeal the denial or revocation of a temporary use permit to the City Council subject to the following:

(1) The appeal must be in writing and filed with the City Manager’s Office within ten business days after the posting of the written notice of denial, or revocation;

(2) The appeal must clearly set out the basis of such appeal;

(3) A hearing shall be scheduled a next regular City Council meeting as soon as practicable;

(4) The City Council shall formally act upon the appeal at the meeting. During the hearing, the Mayor or other presiding officer may receive any information which he or she deems to be relevant and material, but at a minimum shall hear the appealing party and the City Manager. If the decision of the City Manager is overturned, the temporary use permit shall be issued.

(Ord. 2010-27, passed 9-28-10)