Horizon City City Zoning Code
CHAPTER 1
ADMINISTRATION
§ 101 General.
101.1
Applicability
This Ordinance shall be applicable to the incorporated and applicable extraterritorial jurisdiction area of The Town of Horizon City, Texas (the “City”) and rescinds and replaces Horizon City Ordinance No. 0006, adopted February 8, 1994, and amendments numbers 1, 2, 3, 4, 7, 8, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 26, 27, and 28. The following amendments to Ordinance No. 0006 are not rescinded and are incorporated herein by reference and will remain in full force and effect: amendments numbers 10, 11, 24, 25, 29, and 30.
Editor’s note–Amendment numbers 10, 11, 24, 25, 29, and 30 to Ordinance 0006, continued in effect by section 101.1, are ordinances rezoning specific tracts of land.
101.2
Purpose
The zoning regulations herein have been made in accordance with the Horizon City Master Plan for the purpose of promoting health, safety, and the general welfare. They have been designed to lessen street congestion; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent land overcrowding; to avoid undue population concentration; to accomplish other lawful purposes; and to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements. They have been made with reasonable consideration of, among other things, conserving and increasing the value of existing buildings.
101.3
Interpretation
This Ordinance is not intended to abrogate recorded protective covenants which run with land within the City. Where this Ordinance is more restrictive than any such covenants, the provisions of this Ordinance shall govern.
101.4
Administrative Bodies
A.
City Council.
Pursuant to this Ordinance, the City Council shall have the final authority, after recommendation by the Planning and Zoning Commission, to approve or disapprove the Master Plan, planning area plans, rezoning, and changes to this ordinance. Appeal from the City Council shall be to the District Court of El Paso County.
B.
Planning and Zoning Commission.
Under this Ordinance, the City Planning and Zoning Commission shall have sole authority to make recommendations to the City Council on changes to the Master Plan or to this Ordinance. City Planning and Zoning Commission shall inform City Council of any significant recommendations received by the Commission pertaining to the Town of Horizon City.
101.5
Master Plan
The regulation provided for in this Ordinance shall be in accordance with the comprehensive Master Plan approved by City Council on November 13, 1990, as amended and approved March 12, 2002, [by Ordinance 0201 on May 14, 2013]. By this reference, the Master Plan is made a part of this Ordinance.
Editor’s note–At the direction of the city, a reference to Ordinance 0201 has been added to section 101.5.
101.6
Rezoning
A.
Application to Planning and Zoning Commission.
1.
Any person desiring a change in zoning anywhere within The Town of Horizon City, under this chapter shall make application for such a change to the Planning and Zoning Commission by a form provided by the Department of Public Works.
B.
Fee.
1.
Upon the filing of any application for a rezoning, the applicant shall pay to the Department of Public Works an application fee in the amount set forth in the fee schedule adopted by the city council.
The Applicant will also be responsible for all expenses incurred by the City in connection with their rezoning request, including but not limited to attorney’s fees, engineering fees, and publication fees.
2.
The Applicant will provide list of property owners within two hundred (200) feet of zoning change, to include current mailing address and legal description of property.
3.
An application shall not be consider[ed] complete without completed application form, fee, and all requested documents.
4.
Regardless of any ruling by the Planning and Zoning Commission and/or City Council, fees are not refundable.
C.
Public Hearings; notice.
1.
Upon the filing of an application for request of rezoning, the City shall set a date for public hearing on the rezoning. The date for public hearing shall be a day when the Planning and Zoning Commission is regularly scheduled.
2.
The City shall cause written notice of public hearing on the requested rezoning to be sent to owners of real property lying within two hundred (200) feet of the property on which such change in zoning is requested. Such notice shall be given not less than fifteen (15) days before the date set for the public hearing to all such owners. Depositing properly addressed notice with postage paid in the United States mail may make such notice. Such notice shall set forth the date, time and place of public hearing, legal description of the property on which such zoning change is requested; the present zoning classification and the requested zoning change of such property.
3.
The City shall cause to be published in a newspaper of general circulation at least fifteen (15) days before the date of such hearing a notice of public hearing by the Planning and Zoning Commission on the requested zoning change. Published notice shall set forth the date, time and place of public hearing, the legal description of the property on which zoning change is proposed, zoning classification and zoning change requested, and name of person/entity requesting the change.
4.
The Applicant shall cause to be erected, on the site proposed for rezoning, a sign notifying the public of the proposed rezoning.
(a)
The sign shall be non-illuminated, four feet in height and eight feet in width, mounted such that its height is eight feet above the ground surface. The sign shall have two sides, identically painted, with information regarding the proposed rezoning in a form and format as specified by the City, an example of which is shown in the Appendix [Appendix V].[1]
[1]
Editor’s note—Appendix V is included as an attachment to this chapter.
(b)
The Applicant shall cause the sign to be erected not less than fifteen (15) days prior to the Planning and Zoning Commission public hearing. The sign shall be installed at a location visible to passing vehicular traffic, the location of which shall be subject to the approval of the Director of Public Works or his/her designee.
(c)
The Applicant shall make reasonable effort to maintain the sign from the time of its installation until such time as final action has been taken on the proposed rezoning. If, during the period following the sign’s placement and prior to the public hearings regarding the rezoning, the sign is removed, demolished or defaced, the City shall notify the applicant and the applicant shall restore the sign within 72 hours of such notification. Failure of the Applicant to do so may, at the sole discretion of City Council, result in a postponement of public hearings or, in extreme circumstances, be a basis for denial of the requested zoning change.
(d)
The Applicant shall be responsible for removing the sign after the conclusion of the last public hearing on the rezoning application, and such removal shall be within 72 hours of the conclusion of the last public hearing on the requested rezoning. This condition shall apply regardless of the Commission’s or Council’s decision regarding the proposed zoning change.
(e)
In the event a rezoning is initiated by the Town of Horizon City and involves multiple properties, and when such rezoning is initiated to reconcile the existing uses of property with the zoning regulations applied thereto, the required signage shall be limited to a single sign rather than having signs placed on all individual properties subject to rezoning.
5.
The Planning and Zoning Commission shall submit to the City Council a final report containing its recommendation on the proposed zoning change.
(a)
If the Planning and Zoning Commission recommends that a Zoning change not be granted, the case will not be processed further and shall not be forwarded to the City Council for public hearing. Fees will not be refunded for negative rulings.
(b)
All recommendations for approval of zoning change by the Planning and Zoning Commission shall be automatically processed and forwarded to the City Council for a public hearing and determination of the zoning change request, at the City Council’s regularly scheduled meeting.
D.
Public hearing before City Council.
1.
The City Council shall conduct a public hearing at a regularly scheduled meeting, to act on recommendations as provided by the Planning and Zoning Commission.
2.
Approval or denial for rezoning by City Council shall be in accordance with The Charter of the Town of Horizon City.
3.
No application requesting a rezoning change on any property which application includes any such property either entirely or any part thereof, which has been denied by either the Planning and Zoning Commission and/or City Council shall be considered for the same, similar, or less restrictive zoning for twelve (12) months from the date of the last action of denial.
(Ordinance 0102 adopted 1/14/03; Ordinance 0102-007 adopted 2/10/04; Ordinance 0102-006 adopted 2/10/04; Ordinance 0102-016 adopted 3/13/07)
§ 102 Existing Buildings and Uses.
102.1
General
Within the Industrial District established by the Zoning Ordinance, there exist lots and uses of land that were lawful before this ordinance was amended. These uses would not be prohibited, regulated or restricted under this amendment (or future amendments). It is the intent of this ordinance to permit those nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or used [uses] prohibited elsewhere in the Industrial District. Change of ownership or leasing of any of these lots or uses of land shall constitute necessity to comply with the provision[s] of this amendment in its entirety. See Chapter 11[.]
(Ordinance 0102 adopted 1/14/03)
§ 103 Permits and Approvals.
103.1
General Procedures
A.
The owner, authorized agent or contractor of a structure or premises shall be responsible for complying with this Ordinance and the Technical Codes adopted by the Town of Horizon City and defined in Section 202 of this Ordinance. Permits are required as provided in the Technical Codes and as specifically set forth herein. Such person shall submit his permit request for any structure in writing to the Building Official, who shall verify that the plans satisfy this ordinance and the Technical Codes.
B.
To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the Building Official for that purpose. The Building Official may allow multiple types of proposed work to be combined into one application and permit when the construction is simultaneous, except as provided in Subsection E of this Section. Such application shall:
1.
Identify and describe the work to be covered by the permit for which the application is made.
2.
Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed structure or work.
3.
Indicate the use and occupancy for which the proposed work is intended. When required by the Building Official, indicate the proposed occupancy separately for all parts of the building and the portion of the site or lot, if any, not covered by the building or structure.
4.
Be accompanied by construction documents as required by applicable Technical Codes and Subsections F and G of this Section.
5.
State the valuation of the proposed work. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems.
6.
Be signed by the applicant, or the applicant’s authorized agent.
7.
Give such other data and information as required by the Building Official.
C.
The Building Official shall examine or cause to be examined applications for permits and amendments thereto.
1.
If the application or construction documents do not conform to the requirements of pertinent laws, or if in the opinion of the Building Official, the valuation is underestimated on the application, the Building Official shall reject such application in writing, stating the reasons therefor.
2.
An applicant may provide detailed estimates of valuation to meet the approval of the Building Official, and upon doing so, the Building Official shall make the determination of valuation and proceed with the processing of the application.
3.
If the Building Official is satisfied that the proposed work conforms to the requirements of this Ordinance, the applicable Technical Codes and all other laws and ordinances applicable thereto, and that the fees required in Section 104 have been paid, the Building Official shall issue a permit therefor as soon as practicable.
4.
Approval or disapproval of an application that does not meet the applicable requirements shall be in writing and shall normally be given in thirty (30) days. If an unusual amount of research is required, the applicant shall be so notified and the Building Official shall advise the applicant of the additional time necessary to issue the approval or disapproval.
5.
An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each as provided in Section 103.2 B. The extension shall be requested in writing and justifiable cause demonstrated.
D.
When allowed by a Technical Code, permits for emergency repairs may be issued in accordance with the requirements established in the Technical Code applicable to the work or project. The same fees established for permits under this Ordinance shall be required for emergency permits.
E.
During the procedure of the acquisition of a Building Permit, a separate permit shall also be required for plumbing, electrical and mechanical work if any of these subcontractors are to be used during the construction project. The subcontractor shall be identified on the application for the permit and shall meet all qualifications established by state law or city ordinance and also provide the applicable license, as follows:
1.
On all electrical construction work requiring an electrical permit, a valid electrician’s license shall be provided and an electrical permit shall be required with appropriate fee as set forth in the fee schedule adopted by the City Council. Subcontractors with repeated work within Horizon City will have their licenses maintained on file at City Hall and will not be required to present a copy of said license for each permit until that time in which the aforementioned license has expired.
2.
On all mechanical construction work requiring a mechanical permit, a valid mechanical license shall be provided and a mechanical permit shall be required with appropriate fee as set forth in the fee schedule adopted by the City Council. Subcontractors with repeated work within Horizon City will have their licenses maintained on file at City Hall and will not be required to present a copy of said license for each permit until that time in which the aforementioned license has expired.
3.
On all plumbing construction work requiring a plumbing permit, a valid plumbing license shall be provided and a plumbing permit shall be required with appropriate fee as set forth in the fee schedule adopted by the City Council. Subcontractors with repeated work within Horizon City will have their licenses maintained on file at City Hall and will not be required to present a copy of said license for each permit until that time in which the aforementioned license has expired.
F.
Building Permit Requirements and Fees for Minor Construction.
This section establishes specific building permit requirements for certain types of Minor Construction and other uses as are set forth herein, and provides additional clarification and explanation regarding the building permit requirements that are established within other sections of this Ordinance and in the Technical Codes. Except as may be specifically noted, the fees for building permits shall be as set forth in the fee schedule adopted by the City Council. Work constituting Minor Construction does not require plans except as is specifically required by a provision of this Ordinance. Minor Construction does not include electrical and plumbing work.
1.
Permitted Accessory Uses.
Permits are required for the construction or erection of all structures allowed as permitted accessory uses except as provided in Section 807.1 A of this Ordinance. This section governs the application and issuance for these permits except as provided in Section 807.1 R of this Ordinance.
a.
Storage shed construction.
Permits are required for all storage sheds and other allowed accessory structures. The permit fee shall be as set forth in the fee schedule adopted by the City Council. Construction of a storage shed other than a prefabricated storage shed requires plans to be submitted with the application.
b.
Yard, garage, porch, patio and estate sales.
Permits are required for all such sales. No fee shall be charged for a permit obtained in advance of the sale. A fee in the amount set forth in the fee schedule adopted by the City Council shall be charged for any permit requested after the sale has started. The applicant shall advise how many yard, garage, porch or patio sales have previously been conducted on the premises during the current calendar year at the time of application. The Building Official shall deny the issuance of a permit for a yard, garage, porch, patio or estate sale to any person who is delinquent in the payment of permit fees for a prior sale or if the applicant is not eligible to hold the sale under Section 807 G [807.1 G] of this Ordinance. The Building Official may allow an applicant to combine a request to obtain a permit to hold a sale and to place signs advertising the event in the same application.
c.
Installation of approved parking surfaces in residential zones other than driveways.
(1)
Off-street parking areas in residential districts shall be of a hard surface, defined as any rigid durable surface, such as concrete, asphalt, pavers or masonry veneer on a foundation consisting of 2.5 inches of 2500 PSI concrete, or composite surface of a similar nature and structure as approved by the Building Official, which may include the incorporating of strip drains, drainfields, minimal spacers between areas with pavers, etc., designed for the purpose of having for [sic] permeable qualities (porous, allowing in this case for water to pass through) for stormwater harvesting in compliance with all applicable laws and ordinances.
(2)
Except as provided to allow for permeable qualities, the hard surface shall be installed so as to completely cover the area to be used as an off-street parking area and the entrance/exit leading to and from the driveway. Provided, however, no hard surface for parking may be installed closer than five feet from a side property line that abuts a side street. Plans for the installation of the surface shall be submitted with the permit application.
(3)
The Building Official shall make the determination as to the approval of a similar composite surface allowed under this section upon receipt of an application for a building permit, and impose appropriate requirements for the method of the installation of the surface. The decisions of the Building Official under this subsection are not appealable.
2.
Concrete work.
Permits are required for all work for which necessitates the use of a reinforcement material in the concrete at the time of the installation, to include but not be limited to driveways, parking surfaces, garage floors and building foundations. The permit fee shall be as set forth in the fee schedule adopted by the City Council. Plans may be required by the Building Official depending on the type of work proposed.
3.
Roofing work.
Permits are required for all roofing work other than routine maintenance and repair work, regardless of whether or not the roof line changes. The permit fee shall be as set forth in the fee schedule adopted by the City Council.
4.
Fences and building exterior work.
Permits are required for the building of any fence or the installation of improvements to the exterior of a building, to include but not be limited to exterior vinyl or aluminum siding veneer, brick veneer, and wrought iron burglar bars on window and doors.
G.
Building Permit and Plan Requirements and Fees for All Other Construction Work
for which a permit is required that exceeds $15,000.00 will require plans and a building permit and fees in accordance with the fee schedule adopted by the City Council. The Building Official may also require the submission of plans for any construction or work that affects or alters the structural integrity of a building regardless of the value of the improvements.
H.
Reinspection Fees.
Any inspection requested that is not completed at the time of inspection or not in compliance with the applicable Technical Code, the zoning ordinance, or any other applicable law will be Red-Tagged with a stop work order and will require a reinspection fee in the amount set forth in the fee schedule adopted by the City Council to be reinspected before further work will be allowed. The provisions of this section and the reinspection fee requirements are in addition to the requirements for reinspection set forth in any of the Technical Codes.
103.2
Duration and Extensions of Building Permits
A.
Every permit issued shall be valid for a period of one (1) year from the date of issuance. The permit shall be automatically extended for a period of ninety (90) days after the approval of a valid passed inspection during construction. However, if the permit is more than one (1) year old, inspections must be performed within ninety (90) days of each inspection. If the inspections are not performed within this time period, the permit shall be considered invalid and shall be governed by subsections C and D of this section.
B.
The building official is authorized to grant, in writing, one or more extensions of time, for periods not more that [than] ninety (90) days each if reasonable cause for allowing an extension has been demonstrated by the permit holder and an extension fee in the amount set forth in the fee schedule adopted by the City Council has been paid.
C.
Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within one hundred eighty (180) days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the work is commenced.
D.
Once a permit is considered invalid, the permit can be renewed only by the paying fifty percent (50%) of the original permit cost. Once the permit is renewed, the procedures set out above shall remain in effect.
103.3
Work Commencing Before Permit Issuance
Any person who commences any work on a building, structure, electrical, gas, mechanical, or plumbing system, or other system or project regulated by the Technical Codes or this Ordinance before obtaining the necessary permits shall be required to pay the regular permit fee plus an additional amount equal [to] the regular permit fee.
103.4
Placement of Permit
All permits issued under the provisions of this Section and the Technical Codes shall be kept on the site of the work and posted in a conspicuous place until the completion of the project.
103.5
Refunds
The Building Official shall authorize the refunding of fees relating to permits and approvals under this Ordinance and the Technical Codes as follows:
103.6
Suspension or Revocation
The Building Official is authorized to suspend or revoke a permit issued under the provisions of this Section and the Technical Codes wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any provision of this Ordinance, the applicable Technical Codes and all other laws and ordinances applicable thereto.
103.7
Appeals
A.
The owner of a property, building, structure or service system, or duly authorized agent of such, may appeal a decision of the Building Official to the City Council when the Building Official refuses to issue a permit or suspends a permit or revokes a permit.
B.
Appeal procedures:
1.
The appeal shall be filed in writing with the City Clerk within thirty calendar days from the date the appellant receives written notice from the city of the decision being appealed. If the thirty calendar days ends on a legal holiday or a weekend, then the last time to file the appeal with the City Clerk shall be 5:00 p.m. on the next city working day.
2.
The appeal shall be signed by the owner of the property that is the subject of the decision being appealed, the applicant for a permit application that was denied or the permittee of a permit that has been suspended, [or] revoked;
3.
The appeal shall specify the action by the city that is being appealed, attach a copy of the decision by the city that is being appealed and specify the reasons why the decision should be reversed.
C.
In considering an appeal, the City Council shall have the same authority to decide the issue as the official making the decision being appealed.
(Ordinance 0102 adopted 1/14/03; Ordinance 0102-021 adopted 12/11/07; Ordinance 0102-031 adopted 4/8/14; Ordinance 0102-032 adopted 2/24/15)
§ 104 Fees.
104.1
General
A.
A fee for services shall be charged and no permit under Section 103 or the Technical Codes shall be issued until the fees have been paid. An amendment or extension to a permit shall not be released until the additional fees, if any, have been paid. All fees are set by the Town of Horizon City and enforced by the Building Official. Fees are as set forth in the fee schedule adopted by the City Council.
B.
On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the fee schedule adopted by the City Council.
C.
The payment of a fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve an applicant or permit holder from the payment of other fees that are prescribed by law.
D.
For those permits that are issued outside the legal boundaries of the Town of Horizon City, fees shall be charged in accordance with the fee schedule adopted by the City Council if inspections are requested.
(Ordinance 0102 adopted 1/14/03; Ordinance 0102-031 adopted 4/8/14)