(a)

The building permitting provisions of this chapter for new development and new construction shall be administered and enforced by the building official and his/her representatives. Code enforcement officers shall enforce any violations and all other provisions of this chapter.

(b)

The building official, building inspectors, and/or code enforcement officers, and any duly authorized person shall have the right to enter as allowed by law upon any premises at any reasonable time for the purpose of enforcement of this chapter.

(c)

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

(Code 1963, Ch. 9, art. 2, § 18-1; Ord. No. 06-78, § I, 7-11-06)

(a)

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 and structure shall be erected or altered.

(4)

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

(5)

The number of families or housekeeping units the building is designed to accommodate.

(6)

Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter.

(b)

One (1) 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 (2) weeks shall be allowed for inspection of plans before a permit shall be issued.

(c)

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, with iron pins, on the ground before construction is started. (The lot shall remain staked until after the foundation inspection.)

(Code 1963, Ch. 9, art. 2, § 18-2 [Ord. No. 83-76, § 1, 12-27-83])

(a)

Required. 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, except agricultural use.

(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 therefore shall have been issued by the inspector of buildings.

(b)

Procedure for new or altered buildings. 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 three (3) days after a written request for the same has been made to the building inspector or his agent after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this chapter.

(c)

Procedure for vacant land or a change in use. 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 the building inspector. If the proposed use is in conformity with the provisions of this chapter, the certificate of occupancy therefore shall be issued within three (3) days after the application for same has been made.

(d)

Contents. 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 interest in the building or land affected.

(e)

Temporary certificate. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the building inspector for a period not exceeding six (6) months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificates shall not be construed as in any way altering the respective rights, duties or obligations, of the owners or of the city relating to the use or occupancy of the premises or any other matter covered by this chapter.

(f)

Certificate for nonconforming uses. A certificate of occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of this chapter. Application for such certificate of occupancy for a nonconforming use shall be filed with the building inspector by the owner or lessee of the building or land occupied by such nonconforming use within one (1) year of the effective date of the ordinance from which this chapter was derived. It shall be the duty of the building inspector to issue a certificate of occupancy for a lawful nonconforming use, but failure to apply for such certificate of occupancy for a nonconforming use, or refusal of the building inspector to issue a certificate of occupancy for such nonconforming use shall be evidence that such nonconforming use was either illegal or did not lawfully exist at the effective date of the ordinance from which this chapter is derived.

(Code 1963, Ch. 9, art. 2, § 20)

(a)

Authority. The city council may from time to time amend, supplement or change by ordinance the boundaries of the districts or overlays or the regulations herein established. Each person making application for an amendment to the zoning ordinance shall furnish with his written application the fee set by the council, payable to the city, to be used in defraying the administrative and legal costs necessary to process the rezoning application. Such sum or portion thereof shall not be refunded to the applicant in the event the rezoning request is denied or withdrawn by the applicant. However, the fee is waived for the first application for a zoning change or amendment after property is annexed, so long as the applicant for the zoning change or amendment owned the property at the time it was annexed.

(b)

Public notification. All property owners within four hundred (400) feet in all directions of the area for which a zoning change or Future Land Use Map (FLUM) amendment is requested shall be notified in accordance with V.T.C.A., Local Government Code § 211.007, as amended, so long as those properties are within the corporate limits of the City of Killeen.

(c)

Signage. An applicant for a zoning amendment shall cause to be erected, at least ten (10) days before the date of the hearing before the planning and zoning commission, a sign that is at least twenty-four (24) inches long by forty-eight (48) inches wide indicating that the property is subject to a proposed zoning change. The sign must be placed on the property subject to the change and must remain in place and visible by the public until final action is taken by the city council. Standards regarding sign content, color, and font size shall be in accordance with standards promulgated by the development services department.

(d)

Submission to planning and zoning commission. Before taking action on any proposed amendment, supplement or change, the city council shall submit the proposed revision to the planning and zoning commission for its recommendation and report.

(e)

Public hearing. A public hearing shall be held by the city council before adopting any proposed amendment, supplement, or change. Notice of such hearing shall be given by publication one (1) time in a paper of general circulation in the city and on the city's website, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the first date of publication.

(f)

In case of protest. If a proposed change to a regulation or district boundary is protested in accordance with V.T.C.A., Local Government Code § 211.0061, such change shall not become effective except as prescribed therein. In order to allow for proper verification of land ownership and area calculations, all protests shall be: (1) in writing and signed, with both the name of the protester and the physical address of the property owned by that person legibly stated; and, (2) delivered to the office of the director of planning not later than noon on the day the planning and zoning commission is to consider the zoning change, amendment, or supplement. The staff of the development services department shall: (1) accept and file such protests; (2) prior to the city council vote on the matter verify, by the city tax roll and a current plat of the city, that the protester owns property within an area described above and calculate the percentage of land area represented by that protest; and, (3) when the protest(s) represent that percentage of an area described in V.T.C.A., Local Government Code § 211.0061, then inform the city council of such fact prior to its vote on the matter. Any written protest not presented to the city in compliance with this ordinance shall not be considered in determining the necessity of a three-fourths (¾) city council vote to approve.

(g)

Petition by owners. Whenever the owners of at least fifty (50) percent of all the property situated within the area bounded by a line two hundred (200) feet in all directions from the site of any proposed change shall present a petition, duly signed and acknowledged, to the city council, requesting an amendment, supplement or change of the regulations prescribed for such property, it shall be the duty of the city council to vote upon the proposal presented by such petition within ninety (90) days after the filing of same with the city council, in accordance with the above procedure.

(h)

Limitation on resubmission of petition. When a zoning petition fails to be approved by city council, the same petition shall not be resubmitted to either the city council or the planning and zoning commission for a period of twelve (12) months from the date of such failure, unless the petition is substantially changed from the original petition. A petition shall be considered substantially changed if:

(1)

A different zoning classification from that originally sought is requested; or

(2)

A combination of zoning classifications are requested, the net result of which is to decrease density by at least twenty (20) percent of that originally proposed; or

(3)

The area petitioned to be rezoned is reduced in size by at least twenty (20) percent from the area in the original petition; or

(4)

In relation to established overlays provided by this code, a different use is proposed or the proposed concept or site plan reflects at least a twenty (20) percent change in density, realigns major thoroughfares, reflects comparable changes in any comprehensive plan adopted and changes in code requirements or contains changes that the executive director of development services determines to be substantially different from the original request.

(i)

A determination that a petition has not been substantially changed by the executive director of development services may be appealed by the applicant to the planning and zoning commission. A determination by the planning and zoning commission as to whether a substantial change has been made to the petition shall be final.

(j)

Consistency with comprehensive plan. Requests to amend the zoning designation of a piece of a property shall be in accordance with the Future Land Use Map (FLUM) of the comprehensive plan. If a request is not consistent with the Future Land Use Map (FLUM), a request to amend the Future Land Use Map (FLUM) may be submitted prior to submitting a request to amend the zoning. Future Land Use Map (FLUM) amendment requests shall not be processed concurrently with a zoning request for the same property.

(k)

When considering whether to approve a request to amend the city's Future Land Use Map (FLUM) the city council shall consider the following factors:

(1)

Is the proposed amendment consistent with the principles and policies set forth in the comprehensive plan?

(2)

Is the proposed amendment compatible with the character of the surrounding area?

(3)

What is the impact of the proposed amendment on infrastructure provision including water, wastewater, drainage, and the transportation network?

(4)

What is the impact of the proposed amendment on the city's ability to provide, fund, and maintain services?

(5)

What is the impact of the proposed amendment on environmentally sensitive and natural areas?

(6)

What specific conditions (e.g., population size and/or characteristics, area character and building form, property/structure conditions, infrastructure or public services, market factors including need for more land in a particular designation, etc.) have changed sufficiently to render the current map designation(s) inappropriate or out-of-date?

(7)

Do city staff, the planning and zoning commission, and/or the city council have sufficient information to move ahead with a decision (e.g., utility capacity, potential traffic impacts, other public service implications, resident/stakeholder concerns and input)?

(Code 1963, Ch. 9, art. 2, § 21 [Ord. No. 66-5, § 1, 9-12-66; Ord. No. 74-59, § 1, 12-23-74]; Ord. No. 96-78, § I, 10-22-96; Ord. No. 96-79, § I, 10-22-96; Ord. No. 09-027, § I, 4-14-09; Ord. No. 22-063, § I, 8-9-22; Ord. No. 25-046, § I, 8-19-25)

State Law reference— Zoning ordinance amendments, V.T.C.A., Local Government Code § 211.006.

The lawful use of land existing upon the effective date of the ordinance from which this chapter is derived may be continued although such use does not conform to the provisions hereof, subject to the provisions of this division.

(Code 1963, Ch. 9, art. 2, § 16(A); Ord. No. 89-78, § 1, 9-26-89)

(a)

The lawful use of a building existing upon the effective date of the ordinance from which this chapter is derived may be continued, although such use does not conform to the provisions of this chapter, subject to the provisions of this division.

(b)

Such use may be extended throughout such portions of the building as are arranged or designed for such use, provided no structural alterations are made therein, except those required by law or ordinance or those that conform to the provisions of this division.

(c)

If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification.

(d)

If a nonconforming building is voluntarily removed, the future use of such premises shall be in conformity with the provisions of this chapter.

(e)

In the event a nonconforming use of any building or premises is discontinued for a period of one (1) year, the use of the same shall thereafter conform to the provisions of the district in which it is located.

(f)

A nonconforming use, if changed to a conforming use or a more restricted nonconforming use, may not thereafter be changed back to a less restricted use than that to which it was changed.

(g)

If by amendment to this chapter any property is hereafter transferred to a more restricted district by a change in the district boundaries or the regulations and restrictions in any district are made more restrictive, the provisions of this division shall apply to buildings or premises occupied or used upon the effective date of such amendment.

(Code 1963, Ch. 9, art. 2, § 16(B); Ord. No. 89-78, § 1, 9-26-89)

(a)

Regarding residential structures, where the nonconformity results from a failure to conform with the lot area, yard, lot width, lot depth or required setback prescribed by this chapter, a nonconforming structure may be repaired, altered, occupied, used, and maintained in good repair but no such nonconforming structure shall be altered or extended unless the addition or alteration conforms to the provisions of this chapter.

(b)

Otherwise, repairs and alterations may be made to a nonconforming building provided that no structural alterations or extensions shall be made except those required by law or ordinance.

(Code 1963, Ch. 9, art. 2, § 16(C); Ord. No. 89-78, § 1, 9-26-89)

(a)

A nonconforming use shall not be extended or rebuilt in case of total destruction by fire or other cause.

(b)

In the case of partial destruction by fire or other causes not exceeding fifty (50) percent of the building's value, the building official shall issue a permit for reconstruction.

(c)

If destruction is greater than fifty (50) percent of the building's value, the board of adjustment may grant a permit for repair or replacement after public hearing and after giving due consideration to the property rights of all persons affected, the public welfare, the character of the areas surrounding the nonconforming use, and the purpose of this chapter.

(d)

In the event a nonconforming use of any building or premises is discontinued for a period of one (1) year, the use of the same shall thereafter conform to the provisions of the district in which it is located.

(e)

A nonconforming use if changed to a conforming use or a more restricted nonconforming use, may not thereafter be changed back to a less restricted use than that to which it was changed.

(f)

If by amendment to this chapter any property is hereafter transferred to a more restricted district by a change in the district boundaries, or the regulations and restrictions in any district are made more restrictive or of a higher classification, the provisions of this chapter relating to the nonconforming use of buildings or premises existing upon the effective date of the ordinance from which this chapter is derived shall apply to buildings or premises occupied or used upon the effective date of such amendment.

(g)

Repairs and alterations may be made to a nonconforming building, provided that no structural alterations or extensions shall be made except those required by law or ordinance, unless the building is changed to a conforming use.

(h)

A nonconforming use shall not be extended or rebuilt in case of obsolescence or total destruction by fire or other cause. In the case of partial destruction by fire or other causes not exceeding fifty (50) percent of its value, the building inspector shall issue a permit for reconstruction. If destruction is greater than fifty (50) percent of its value, the board of adjustment may grant a permit for repair or replacement after public hearing and having due regard for the property rights of the persons affected when considered in the light of public welfare and the character of the areas surrounding the designated nonconforming use and the purposes of this chapter.

(Code 1963, Ch. 9, art. 2, § 16(D); Ord. No. 89-78, § 1, 9-26-89)

A board of adjustment is hereby reestablished in accordance with the provisions of V.T.C.A., Local Government Code § 211.008.

(Code 1963, Ch. 9, art. 2, § 19-1(A))

The board shall consist of seven (7) citizens of the city or of the city's extraterritorial jurisdiction, each to be appointed or reappointed by the mayor and confirmed by the city council, for staggered terms of two (2) years respectively. At least one (1) member of the board shall be a member of the city planning and zoning commission and his term shall expire at the same time as his term on such commission. Each member of the board shall be removable for just cause by the city council upon written charges and after public hearings, or as otherwise provided by this code. Vacancies shall be filled by the city council for the unexpired term of any member whose term becomes vacant. The board shall elect its own chairman, who shall serve for a period of one (1) year or until a successor is elected. Up to two (2) alternates may be appointed by the mayor and confirmed by the city council who shall serve in the absence of one (1) or more regular members. Alternate members shall serve of the same period as the regular members and any vacancies shall be filled in the same manner. Alternate members shall be subject to removal in the same manner as the regular members.

(Code 1963, Ch. 9, art. 2, § 19-1(B); Ord. No. 98-33, § I, 5-26-98; Ord. No. 00-79, § I, 10-24-00; Ord. No. 06-01, § I, 1-10-06)

Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine.

(Code 1963, Ch. 9, art. 2, § 19-1(C))

The hearings of the board of adjustment shall be public. However, the board may go into executive session in accordance with law. The board shall hear the intervention of any owner of property adjacent to, in the rear of, or across the street from a lot as to which the granting of any building permit is pending, and shall also hear any other parties in interest.

(Code 1963, Ch. 9, art. 2, § 19-1(D))

State Law reference— Open meetings act, V.T.C.A., Government Code, Chapter 551.

The board 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 other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. The board of adjustment shall act by resolution in which six (6) members must concur. The board shall adopt from time to time such additional rules and regulations as it may deem necessary to carry into effect the provisions of this chapter, and shall furnish a copy of the same to the building inspector, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and orders shall be in accordance therewith.

(Code 1963, Ch. 9, art. 2, § 19-1(E); Ord. No. 98-33, § I, 5-26-98; Ord. No. 98-44, § I, 6-23-98)

Appeals may be taken to and before the board of adjustment by any person aggrieved, or by any officer, department or board of the city. Such appeal shall be made by filing with the office of the board a notice of appeal and specifying the grounds thereof. The office or department from which the appeal is taken shall forthwith transmit to the board of adjustment all of the papers constituting the record upon which the action appealed from was taken. All cases to be heard by the board of adjustment shall always be heard by a minimum number of six (6) members.

(Code 1963, Ch. 9, art. 2, § 19-2(A); Ord. No. 98-33, § I, 5-26-98; Ord. No. 98-44, § I, 6-23-98)

An appeal shall stay all proceedings in furtherance of the action appealed from unless the building inspector shall certify to the board of adjustment that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of equity, after notice to the officer from whom the appeal is taken and on due cause shown.

(Code 1963, Ch. 9, art. 2, § 19-2(B))

The board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of such hearing to the petitioner and to the owners of property lying within two hundred (200) feet of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the board to be affected thereby, such owners and persons being determined according to the current tax rolls of the city and depositing of such written notice in the mail shall be deemed sufficient compliance therewith.

(Code 1963, Ch. 9, art. 2, § 19-2(C))

The board shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The board may reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer or department from whom the appeal is taken. The concurring vote of six (6) members of the board shall be necessary to reverse any order, requirement, decision or determination of the officer or department from which the appeal is taken, 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 this chapter.

(Code 1963, Ch. 9, art. 2, § 19-2(D); Ord. No. 98-33, § I, 5-26-98; Ord. No. 98-44, § I, 6-23-98)

State Law reference— Appeals to board of adjustment, V.T.C.A., Local Government Code § 211.010.

The board shall have the power to subpoena witnesses, administer oaths, and punish for contempt, and may require the production of documents, under such regulations as it may establish.

(Code 1963, Ch. 9, art. 2, § 19-3(A))

The board shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the building inspector in the enforcement of this chapter.

(Code 1963, Ch. 9, art. 2, § 19-3(B))

(a)

The board shall have the power to hear and decide special exceptions to the terms of this chapter upon which the board is required to pass as follows or elsewhere in this chapter, to:

(1)

Permit the erection and use of a building or the use of premises for railroads.

(2)

Permit a public utility or public service use or structure in any district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety or general welfare.

(3)

Permit a transitional use between a business or industrial and a residential district where the side of a lot in district "R-1," "SF-2," or "R-2" abuts upon a lot zoned for business or industrial purposes as follows:

a.

On a lot in district "R-1" or "SF-2," which sides upon a lot zoned for business or industrial purposes, the board may permit a two-family dwelling on a lot with an area of not less than six thousand (6,000) square feet.

b.

On a lot in district "R-2," which sides upon a lot zoned for business or industrial purposes, the board may permit a four-family dwelling on a lot with an area of not less than six thousand (6,000) square feet.

c.

Provided, however, that in no case shall any transitional use have a width of more than one hundred (100) feet.

(4)

Grant a permit for the extension of a use, height or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership on the effective date of the ordinance from which this article is derived.

(5)

Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than fifty (50) percent of its fair market value, where the board finds some compelling necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly.

(6)

Waive or reduce the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.

(7)

Permit land within three hundred (300) feet of a multifamily dwelling to be improved for the parking spaces required in connection with a multifamily dwelling, but only when there is positive assurance that such land will be used for such purpose during the existence of the multifamily dwelling.

(8)

Determine whether an industry should be permitted within district "M-1," light industrial, and district "M-2," heavy industrial, because of the methods by which it would be operated and because of its effect upon uses within surrounding zoning districts.

(9)

Determine in cases of uncertainty the classification of any use not specifically named in this chapter.

(b)

The Board shall have the power to hear and decide appeals to staff determinations regarding the construction of unique commercial buildings or custom homes that do not conform to the standards in article VI of this chapter. In considering such request, the board shall consider whether the proposed design meets the intent, if not the letter, of the architectural and site design standards set forth in this chapter.

(Code 1963, Ch. 9, art. 2, § 19-3(C); Ord. No. 93-102, § III, 11-9-93; Ord. No. 22-047, § I, 6-28-22; Ord. No. 23-073, § I, 12-12-23)

The board 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 will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done, including the following:

(1)

Permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare.

(2)

Authorize upon appeal, whenever a property owner can show that a strict application of the terms of this chapter relating to the use, construction or alteration of buildings or structures or the use of land will impose upon him unusual and practical difficulties or particular hardship, such variances from the strict application of the terms of this chapter as are in harmony with its general purpose and intent, but only when the board is satisfied that a granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance from the comprehensive plan as established by this chapter, and at the same time, the surrounding property will be properly protected.

(Code 1963, Ch. 9, art. 2, § 19-3(D))

(a)

This section establishes authority for administrative authorization of certain minor encroachments into zoning setback areas.

(b)

The building official, or his designee, may grant an administrative variance of a building or other permanent improvement encroachment of eight (8) inches or less into a front, side or rear zoning setback area.

(c)

In order to administratively approve such variance, the building official must find that the encroachment does not:

a.

obstruct light, air, movement or traffic visibility;

b.

lead to overcrowding of land or undue concentration of population;

c.

increase fire risk;

d.

violate a building or safety code; or

e.

pose any hazards to or hardships upon the public.

(d)

The building official shall refer to the board any request involving an encroachment exceeding eight (8) inches into the required setback.

(e)

A property owner or building may receive only one administrative variance in any 12-month period. Subsequent requests must be reviewed by the board.

(f)

The building official's denial of an administrative variance may be appealed to the board by filing a written notice of appeal within 10 calendar days of the building official's decision.

(Ord. 02-57, § I, 11-26-02)

The board shall have no authority to change any provisions of this chapter and its jurisdiction is limited to hardship and borderline cases that may arise from time to time.

(Code 1963, Ch. 9, art. 2, § 19-3(E); Ord. 02-57, § I, 11-26-02)

A fee in accordance with the adopted fee schedule shall be paid to the city at the same time any application is made either to the board of adjustment requesting the board to take any action, or to the building official requesting an administrative variance. If an applicant wishes to appeal the building official's denial of an administrative variance, the fee originally paid for the building official's review shall also cover the appeal to the board. The purpose of such fee is to defray the cost to the city for the administration and handling of such requests. The fee is nonrefundable.

(Code 1963, Ch. 9, art. 2, § 19-4 [Ord. No. 70-3, 10-28-70; Ord. No. 74-23, § 1, 5-28-74; Ord. No. 86-29, §§ 1-3, 5-13-86; Ord. No. 86-70, § 8, 9-23-86]; Ord. 02-57, § I, 11-26-02; Ord. No. 19-047, § XV, 9-17-19)