La Feria City Zoning Code
§ 2
ZONING ADMINISTRATION.
A.
ADMINISTRATION
The city manager is hereby designated by the city commission as the administrative official to supervise the administration and enforcement of these regulations. The city manager may appoint an assistant to help him or her with the general administration and enforcement duties required for this implementation of this zoning ordinance.
If the city manager or his or her designated administrative official finds that any of the provisions of this ordinance are being violated, the city manager or his or her designated administrative official shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The city manager or his or her designated administrative official shall order the discontinuance of any illegal use of land, buildings or structures, the removal of any illegal buildings or structures or of any illegal additions, alterations or structural changes, the discontinuance of any illegal work being performed; or shall take any other action authorized by this ordinance to insure compliance with or to prevent violation of these provisions.
B.
INTERPRETATION AND APPEALS
It is the intent of this ordinance that all questions of interpretation and enforcement shall be first presented to the city manager or his or her designated representative, and that such questions shall be presented to the zoning board of adjustment only on appeal from the decision of the city manager or other administrative official, and that recourse from the decisions of the zoning board of adjustment shall be to the courts as provided by law.
C.
CITY COMMISSION DUTIES
It is further the intent of this ordinance that the duties of the city commission, in connection with this ordinance, shall have the duty [sic] of considering and adopting or rejecting proposed amendments to this ordinance or of its repeal, and of establishing a schedule of fees and charges as stated in subsection D here below.
D.
FEES
The city commission shall, by ordinance or resolution, establish a schedule of fees and charges for the permits, certificates of occupancy, zoning change requests, zoning board of adjustment appeals and other matters pertaining to this ordinance. The schedule of fees and charges may be altered or amended only by action of the city commission. Until all applicable fees and charges have been paid in full, no action shall be taken on any zoning application or appeal.
E.
BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY
(1)
Building Permits Required
No building or other structure shall be erected, moved, added to, enclosed or structurally altered without a permit therefor, where applicable, and issued by the City of La Feria. No building permit shall be issued by the city except in conformity with the provisions of this ordinance, unless a written order from the zoning board of adjustment for a variance, as provided by this ordinance, has been granted.
(2)
Certificate of Occupancy Required for New, Altered or Changes in Use or Nonconforming Uses
(a)
It shall be unlawful to use, occupy, or permit the uses or occupancy of any building or premise [premises], or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the City of La Feria stating that the proposed use of the principal building or land conforms to the requirements of this ordinance. Application for a certificate of occupancy shall be made at the same time as the application for the building permit for such building.
(b)
No nonconforming building or use shall be maintained, renewed, changed or altered until a certificate of occupancy shall have been issued by the building inspector. The certificate of occupancy shall state specifically how the nonconforming use differs from the provisions of this zoning ordinance. After the enactment of this ordinance, the owner or occupant of a nonconforming use or building shall apply to the city for a certificate of occupancy. Upon receipt of the application for a certificate of occupancy, each owner or occupant shall be required to file an affidavit stating that such building or land occupied by the nonconforming use was in lawful use or lawfully existed as of the date of adoption of this zoning ordinance. Upon receipt of such application for a certificate of occupancy and the affidavit, the city shall issue a certificate of occupancy for any lawful nonconforming use if the city is satisfied that such nonconforming use or building was in existence at the time of adoption of this zoning ordinance. Any person denied a certificate of occupancy shall have the right to appeal the decision to the zoning board of adjustments.
(c)
No building permit for erection, alteration, moving or structural repair of any structure or building shall be issued until an application has been made for a certificate of occupancy, and the certificate shall be issued in conformity with the provisions of this ordinance upon completion of the work.
(d)
A temporary certificate of occupancy may be issued by the city for a period not exceeding three (3) months during alterations or partial occupancy of a building pending its completion, provided that said temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.
(e)
The City of La Feria shall maintain a public record of all certificates of occupancy.
(f)
Failure to obtain a certificate of occupancy shall be a violation of this ordinance and punishable by fine.
(3)
Construction and Use to be As Provided in Applications, Plans, Permits and Certificates of Occupancy
Building permits or certificates of occupancy issued on the basis of plans and applications approved by the City of La Feria authorize only the use, arrangement, or construction set forth in such approved plans and applications, and any other use, arrangement, or construction shall be deemed a violation of this ordinance and punishable by fine.
(Ordinance 2008-03 adopted 1/10/08)