Harlingen City Zoning Code
ARTICLE II
ADMINISTRATION
§ 111-29 Certificate of occupancy and compliance.
(a)
No building hereafter erected, converted or structurally altered shall be used, occupied or changed in use, and no land may be used, nor shall any basic change of use in land or structure be made, until a certificate of occupancy and compliance shall have been issued by the chief building official of the city stating that the building or the proposed use of land or building complies with provisions of this chapter and other building laws of the city.
(b)
A certificate of occupancy and compliance shall be applied for coincident with the application for a building permit and will be issued within ten days after the completion of the erection, alteration or conversion of such building or land, provided such construction or change has been made in complete conformity to the provisions of this chapter. All existing or hereafter created nonconforming uses shall obtain a certificate of occupancy within six months of the effective date of the ordinance from which this chapter is derived. An occupancy permit shall be considered evidence of the legal existence of a nonconforming use as contrasted to an illegal use in violation of this chapter.
(c)
A certificate of occupancy shall state that the building or proposed use of a building or land has complied with all the building or health laws and ordinances and with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the chief building official, and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the land or building affected.
(Code 1997, § 159.015; Ordinance 74-36, adopted 11/20/1974; Ordinance of 10/20/1993; Ordinance 97-35, adopted 7/2/1997)
§ 111-30 Completion of building under construction.
Nothing herein contained shall require any change in plans, construction or designed use of a building actually under construction at the time of the passage of the ordinance from which this chapter is derived and which the entire building shall be completed within one year from the date of the passage of the ordinance from which this chapter is derived.
(Code 1997, § 159.026; Ordinance 74-36, adopted 11/20/1974; Ordinance of 10/20/1993; Ordinance 97-35, adopted 7/2/1997)
§ 111-31 Amendments.
(a)
Any person or corporation having a proprietary interest in any property may petition the city commission for a change 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 commission, institute a study and proposal for changes and amendments in the public interest.
(b)
The city commission may from time to time amend, supplement or change by ordinance the boundaries of the districts or the regulations herein established as provided by the statutes of the state.
(c)
Before taking any action on any proposed amendment, supplement or change, the city commission shall submit the same to the planning and zoning commission for its recommendation and report.
(d)
(1)
The planning and zoning commission shall make a preliminary report and hold public hearings on that report before submitting a final report to the city commission. The city commission may not hold a public hearing until it receives the final report of the planning and zoning commission unless the city commission, by ordinance, provides that a public hearing is to be held, after the notice required by Texas Local Government Code § 211.006(a) jointly with a public hearing required to be held by the planning and zoning commission. In either case, the city commission may not take action on the matter until it receives the final report of the planning and zoning commission.
(2)
Before the tenth day before the hearing date, written notice of each public hearing before the planning and zoning commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the property on which the change in classification is proposed. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in the United States mail. If the property within 200 feet of the property on which the change is proposed is located in territory annexed to the municipality and is not included on the most recently approved municipal tax roll, the notice shall be given in the manner provided by Texas Local Government Code § 211.006(a).
(3)
Before the tenth day before the hearing date, written notice of each public hearing before the planning and zoning commission on a proposed change in a zoning classification affecting residential or multifamily zoning shall be sent to each school district in which the property for which the change in classification is proposed is located. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in the United States mail.
(e)
(1)
A public hearing shall be held by the city commission before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given by publication stating the time and place of such hearing, which time shall not be earlier than 15 days from the date of publication.
(2)
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 commission. The protest must be written and signed by the owners of at least 20 percent of either:
a.
The area of the lots or land covered by the proposed change; or
b.
The area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area.
(3)
In computing the percentage of land area under subsection (e)(2) of this section, the area of streets and alleys shall be included.
(f)
A proposed amendment, supplement or change may be officially protested after action is taken by the planning and zoning commission at the time it goes to the public hearing with city commission by filing with the city secretary a written and duly signed petition from the owners of 20 percent or more either of:
(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.
Such amendment shall not become effective except by a four-fifths vote of the governing body of the city. In determining the property included in the 200 foot radius all measurements shall begin at the property line of the lots in the proposed zoning change.
(g)
If a rezoning or a special use permit request for a particular tract of property is made to the city commission after standard planning and zoning procedure, and such request, for whatever reason, fails to be enacted by the city commission by passing an ordinance pursuant to this chapter, such rezoning or special use permit request shall not be resubmitted to the planning and zoning commission or the city commission for an intervening six month period.
(h)
Any persons, jointly or severally, aggrieved by any decision of the planning and zoning commission may present to the city commission a petition, setting forth that such decision is unjust, in whole or in part, and specifying the grounds of injustice. Such petition shall be presented to the city secretary within ten days after the final decision of the planning and zoning commission, and not thereafter, for notification and calling of a public hearing to hear and act on the appeal.
(Code 1997, § 159.017; Ordinance 74-36, adopted 11/20/1974; Ordinance of 10/20/1993; Ordinance 97-35, adopted 7/2/1997; Ordinance 2020-07, § I, adopted 3/4/2020)
§ 111-32 Zoning of newly annexed territory.
(a)
The planning and zoning commission shall hold a public hearing on all proposed annexations and shall, at the same time, make a recommendation to the city commission for zoning of the territory upon annexation consistent with the purpose of this chapter. Concurrent with the adoption of the annexation chapter, the city commission shall adopt the zoning of the territory being annexed.
(b)
In an area newly annexed:
(1)
No person shall erect, construct or proceed or continue with the erection, or construction of any building or structure or add to any building or structure or cause the same to be done in any newly annexed territory to the city without first applying for and obtaining a building permit or certificate of occupancy therefore from the chief building official or the city commission as may be required herein.
(2)
No permit for the construction of a building or use of land shall be issued by the chief building official other than a permit which will allow the construction of a building permitted as a use by right or with a special use permit as indicated in section 111-62.
(3)
An application for a permit for any other use than that specified in subsection (b)(2) of this section shall be made to the chief building official and by him referred to the board of adjustment for final disposition in compliance with article XVI of this chapter.
(Code 1997, § 159.018; Ordinance 74-36, adopted 11/20/1974; Ordinance of 10/20/1993; Ordinance 97-35, adopted 7/2/1997; Ordinance 01-16, adopted 2/21/2001; Ordinance 07-27, adopted 4/18/2007)
§ 111-33 Classification of new and unlisted uses.
It is recognized that new types of land uses will develop and forms of land use not anticipated may seek to locate in the city. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:
(1)
The chief building official, or duly appointed representative, shall refer the question concerning any new or unlisted use to the planning and zoning commission requesting an interpretation as to the zoning classification into which use should be placed. The referral of the use interpretation questions shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage and amount or nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer.
(2)
The planning and zoning commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning districts within which such use should be permitted.
(3)
The planning and zoning commission shall transmit its findings and recommendations to the city commission as to the classification proposed for a new or unlisted use. The city commission shall by resolution approve the recommendation of the planning and zoning commission or make such determination concerning the classification of such use as is determined appropriate.
(Code 1997, § 159.019; Ordinance 74-36, adopted 11/20/1974; Ordinance of 10/20/1993; Ordinance 97-35, adopted 7/2/1997)
§ 111-34 Compliance required.
All lands, buildings, structures, or appurtenances thereon located within the city which are hereafter occupied, used, erected, altered, or converted shall be used, placed and erected in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located except as hereinafter provided.
(Code 1997, § 159.020; Ordinance 74-36, adopted 11/20/1974; Ordinance of 10/20/1993; Ordinance 97-35, adopted 7/2/1997)
§ 111-35 Fees.
Fees are found in the city fee schedule in chapter 18.
(Code 1997, § 159.021; Ordinance 97-35, adopted 7/2/1997; Ordinance 01-16, adopted 2/21/2001; Ordinance 07-27, adopted 4/18/2007)
