(a)

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

(b)

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

(Ord. No. 340, § 10-1, 5-20-1980)

(a)

No person shall erect, construct, remodel, enlarge, improve, alter or convert any building, structure or fence or cause the same to be done without first obtaining a building permit therefor. 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 buildings then existing.

(3)

The lines within which the proposed building or structure shall be erected or altered.

(4)

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

(5)

The land upon which the proposed building or work is to be done shall be described, either by lot, block or tract, or similar general description that will readily identify and definitely locate the proposed building or work. The building or structure to be constructed or the enlargement, moving, improving, alteration, conversion or reroofing operation to be undertaken shall be described in sufficient detail so that the work to be done will be readily apparent.

(6)

Such other information with regard to the lot and neighboring lots as may be reasonably requested by the building inspector to determine the applicability of, and provide for the enforcement of, this chapter.

(b)

One copy of such plot plans will be returned to the owner when such plans have been approved. An inspection period of as much as two weeks shall be allowed for inspection of plans before a permit shall be issued. 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.

(Ord. No. 340, § 10-2, 5-20-1980)

This chapter is not intended to abrogate or annul:

(1)

Any permits issued before the effective date of this chapter.

(2)

Any easement, covenant or deed restriction, except that in the event of a conflict between this chapter and any easement, covenant or deed restriction, the terms of this chapter shall be controlling.

(Ord. No. 340, § 10-3, 5-20-1980)

By the passage of this chapter, 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 this chapter; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending be proceeded with in all respects as if such prior chapter had not been repealed.

(Ord. No. 340, § 10-4, 5-20-1980)

A specific use permit is considered an amendment to the zoning chapter of the city, and all procedures outlined in this section, article V pertaining to amendments and V.T.C.A., Local Government Code ch. 211, shall be followed in processing a request for a specific use permit.

(1)

Posted notice. In addition to the notice required for changes to district boundaries, district regulations, or district classifications, an applicant for a specific use permit shall post on each side of the property that abuts a public or private street, a sign containing the following information:

a.

The name of the property owner and the applicant, if different;

b.

The use for which a specific use permit is sought; and

c.

The dates, times and places of the public hearings to be held before the planning and zoning commission and the city council.

The sign shall be erected a minimum of ten days prior to the date of the first public hearing before the planning and zoning commission, and shall remain on the property for ten days following the public hearing and action by city council.

The sign shall be placed on the property in a location that is clearly visible from the abutting street and shall be of a size sufficient to include all of the above information. The sign shall be constructed of sturdy materials that are resistant to water. The text of the sign shall be in letters that are a minimum of four inches in height.

(2)

Standards for development. The city council, on own initiative, or upon recommendation from the planning and zoning commission, may impose such standards for development and use of the site as will, in its opinion, ensure that the proposed development and use will be compatible with adjacent land uses. Such standards may include, without limitation, fencing, screening, lighting, ingress and egress, and hours of operation.

(Ord. No. 340, § 15, 5-20-1980; Ord. No. 552, 3-16-1999; Ord. No. 705, § 2, 11-6-2007)

(a)

The city council shall establish a schedule of fees, charges and expenses and a collection procedure for building permits, certificates of zoning compliance, special exceptions, changes in district classification, appeals and other matters pertaining to this chapter. The schedule of fees shall be maintained in the office of the city secretary and in the office of the administrative official and may be altered or amended only by the city council.

(b)

Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

(Ord. No. 340, § 16, 5-20-1980)

Any person who shall violate any of the provisions of this chapter or who shall fail to comply therewith or with any of the requirements thereof, or who shall erect or alter any building or who shall commence to erect or alter any building in violation of any detailed statement of plan submitted or approved thereunder, shall for each and every violation or noncompliance be deemed guilty of a misdemeanor and upon conviction shall be fined not more than $200.00, and each day such violation shall be permitted to exist shall constitute a separate offense. The owner of that building or premises or part thereof where anything in violation of this chapter shall be placed or shall exist, and any architect or builder who may have assisted in the commission of any such violation shall each be guilty of a separate offense and upon conviction shall be subject to the penalties herein provided.

(Ord. No. 340, § 18, 5-20-1980)

Certificates of occupancy shall be required for any of the following:

(1)

Occupancy and use of a building hereafter erected or structurally altered.

(2)

Change in use of an existing building to a use of a different classification.

(3)

Occupancy and use of vacant land.

(4)

Change in the use of land to a use of a different classification.

(5)

Any change in the use of a conforming use.

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.

(Ord. No. 340, § 11-1, 5-20-1980)

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. Such certificate shall be issued within ten days after a written request for the same has been made to such building inspector or his agent after the erection or alteration of such building or part thereof has been completed and building inspector finds that such building is in conformity with the provisions of this chapter.

(Ord. No. 340, § 11-2, 5-20-1980)

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 such building inspector. If the proposed use is in apparent conformity with the provisions of this chapter, the certificate of occupancy therefor shall be issued within five days after the application for same has been made.

(Ord. No. 340, § 11-3, 5-20-1980)

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 or his agent and copies shall be furnished on request to any person having proprietary or tenancy interests in the building or land affected.

(Ord. No. 340, § 11-4, 5-20-1980)

(a)

A board of adjustment is established and shall consist of five regular members and four alternate members to be appointed by the city council to numbered positions. The terms of office for each position shall be two years and shall be staggered as follows.

(1)

The terms of office for regular positions 1, 2, and 3 and alternate positions 6 and 7 shall expire on July 1, 2008 and on July 1 of each second successive year thereafter;

(2)

The terms of office for regular positions 4 and 5 and alternate positions 8 and 9 shall expire on July 1, 2009 and on July 1 of each second successive year thereafter;

(3)

Any regular or alternate member serving in a position for which the term has expired shall continue to serve until that member's successor in that position is appointed and confirmed.

(4)

Vacancies in a position on the board shall be filled by the city council for the unexpired portion of the term for that position.

(b)

The city council may remove a regular or alternate member of the board for cause upon presentment of written charges and after a public hearing.

(c)

Regular and alternate members are expected to attend meetings regularly. Any regular or alternate member who misses two consecutive meetings, or 25 percent of the called meetings in a single calendar year, will be subject to removal for cause unless the member's absence is excused by the mayor upon proof of substantial extenuating circumstances.

(d)

Alternate members shall serve in the absence of one or more regular members when requested by the mayor.

(Ord. No. 340, § 12, 5-20-1980; Ord. No. 689, § 1, 6-26-2007)

(a)

The board of adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this chapter. Meetings shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

(b)

The board of adjustment 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 all of which shall be immediately filed in the office of the board and shall be a public record.

(Ord. No. 340, § 12-1, 5-20-1980)

(a)

Appeals to the board of adjustment concerning interpretation or administration of this chapter that do not relate to a specific application, address, or project may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by the decision of the administrative official. Appeals to the board of adjustment concerning interpretation or administration of this chapter that relate to a specific application, address, or project may only be taken by: (i) the owner or representative of the owner of the property that is the subject of the decision; (ii) a person who is aggrieved by the decision and is the owner of real property within 200 feet of the property that is the subject of the decision; or (iii) any officer, department, board, or bureau of the city.

(b)

All such appeals shall be filed not later than the 20th day after the decision is made by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(c)

The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within 60 days after the date the appeal is filed. At the hearing any party may appear in person or by agent or by attorney.

(Ord. No. 340, § 12-2, 5-20-1980; Ord. No. 2019-897, § 1, 8-27-2019)

An appeal stays all proceedings in furtherance of the action appealed from, unless the office from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with him/her that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed other than by a restraining order which may be granted by the board of adjustment or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.

(Ord. No. 340, § 12-3, 5-20-1980)

The board of adjustment shall have the following powers and duties:

(1)

Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter.

(2)

Special exceptions; conditions governing applications; procedures. To hear and decide only such special exceptions as the board of adjustment is specifically authorized to pass on by the terms of this chapter; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this chapter, or to deny special exceptions when not in harmony with the purpose and intent of this chapter. A special exception shall not be granted by the board of adjustment unless and until:

a.

A written application for a special exception is submitted indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is requested.

b.

Notice shall be given at least 15 days in advance of public hearing. The owner of the property for which special exception is sought or for his agent shall be notified by mail. Notice of such hearing shall be published in a newspaper of general circulation in the city and posted in a public place in the city at least 15 days prior to the public hearing.

c.

A public hearing shall be held. Any party may appear in person or by agent or attorney.

d.

The board of adjustment shall make a finding that it is empowered by specific language in the section of this chapter described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest.

e.

Before any special exception shall issue, the board shall make written findings certifying compliance with the specific rules governing individual special exceptions and that satisfactory provision and arrangement has been made concerning the following, where applicable:

1.

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe;

2.

Off-street parking and loading areas where required, with particular attention to the subsection (2)e(1) of this section and the economic, noise, glare or odor effects of the special exception on adjoining properties and properties generally in the district;

3.

Refuse and service areas, with particular reference to the items in subsections (2)e(1) and (2)e(2) of this section;

4.

Utilities, with reference to locations, availability and compatibility;

5.

Screening and buffering with reference to type, dimensions and character;

6.

Proposed exterior lighting with reference to glare, safety, economic effect and compatibility and harmony with properties in the district;

7.

Required yards and other open space;

8.

General compatibility with adjacent and other property in the district.

(Ord. No. 340, §§ 13-1, 13-2, 5-20-1980)

(a)

The board of adjustments 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 would result in unnecessary hardship, and so that the spirit of the chapter shall be observed and substantial justice done. In exercising such powers of variance, the board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made, and to that end the board shall have all the powers of the officer or agency from whom the appeal is taken.

(b)

In granting any variance or special exception, the board of adjustment may describe appropriate conditions and safeguards in conformity with this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance or special exception is granted, shall be deemed a violation of this chapter.

(c)

Under no circumstances shall the board of adjustment grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or impliedly prohibited by the terms of this chapter in such district.

(d)

A variance is authorized only for height, area and size of structure or size of yards and open spaces unless otherwise provided herein. Establishment or expansion of a use otherwise prohibited shall not be allowed by a variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.

(Ord. No. 340, § 13-3, 5-20-1980)

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of an administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation in the application of this chapter.

(Ord. No. 340, § 13-4, 5-20-1980)

Any person, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board or bureau of the city may seek review by a court of record of such decision in the manner provided by the laws of the state, particularly V.T.C.A., Local Government Code § 211.011.

(Ord. No. 340, § 14, 5-20-1980)

(a)

It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the administrative official, and that such questions shall be presented to the board of adjustment only on appeal from the decision of the administrative official, and that recourse from decisions of the board of adjustment shall be to the courts in the manner provided by law, particularly V.T.C.A., Local Government Code § 211.011.

(b)

It is further the intent of this chapter that the duties of the city council in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this chapter. Under this chapter the city council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this chapter, as provided by law, and of establishing a schedule of fees and charges as stated in section 44-32.

(Ord. No. 340, § 15, 5-20-1980)