The purposes of this chapter shall be to:

(1)

Promote the desirable development of all land.

(2)

Protect the desirable development.

(3)

Promote stability of development.

(4)

Enhance and protect building and land values.

(5)

Protect the public health and general welfare.

(Ord. No. 259, 7-17-61; Code 1958, § 25-1)

State Law reference— Zoning regulations to be designed to carry out certain planning purposes, V.T.C.A., Local Government Code § 211.004.

The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning. Words in the present tense include the future; words in the singular number include the plural and words in the plural number include the singular. The word "shall" is mandatory and not discretionary; the word "may" is permissive.

Accessory building means a building subordinate to the principal building on a lot. Where a wall or portion of a wall and roof is common to the principal building, the accessory building shall be counted as part of the principal building.

Accessory structure means an object constructed or erected on a lot that is subordinate to the principal building, such as an accessory building, fence, swimming pool, or deck.

Accessory use means land and/or building uses which are allowed in a zone only when they are clearly subordinate to and in conjunction with a permitted use.

Apartment hotel means a building with three (3) or more apartments and with the dining or cooking facilities separate.

Apartment house or rooming house means a building with three (3) or more apartments and without separate dining or cooking facilities.

Boardinghouse means a building other than a hotel, apartment hotel or apartment house where lodging with meals is offered for compensation.

Building means any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property.

Building line means a line, usually parallel to street or property line, beyond which buildings shall not be erected. Once a building is legally erected under the provisions of this chapter, the front of the building shall be considered to be the building line for that building for the purpose of determining placement of all fences, except ornamental fences as outlined in section 110-171.

Bungalow court means a development consisting of two (2) or more one-family or two-family dwellings on a single tract where the building may face onto a courtyard or mall rather than on the street.

Carport means a structure designed for the shelter or storage of motor vehicles that is open on at least two (2) sides. A carport that is open on only one (1) side shall be treated as a garage.

Church means a facility principally used for people to gather together for public worship, religious training, or other religious activities. This includes monasteries, convents, rectories, etc. This does not include home meetings or other religious activities conducted in a privately occupied residence.

Cinerarium means a durable, fireproof structure containing niches used or intended to be used to contain cremains.

Common area means an area held, designed and designated principally for the common use of the occupants of a townhouse project.

Conditional uses means land and/or building uses which, because they may generate special problems such as excessive traffic, excessive noise or other conditions, may in certain cases prove undesirable for a certain zone.

Cremains means cremated human remains.

Customary home occupations means an occupation which may be conducted in the home without changing the character of the residential use and which is incidental and secondary to the residential use. See section 110-161.

Day care facility means a facility that is licensed or registered with the state which regularly provides care for persons less than twenty-four (24) hours a day.

Driveway means a private roadway leading from a public street or right-of-way to a garage, carport or parking area.

Duplex. See Dwelling, two-family.

Dwelling, one-family, means a detached building having accommodation for and occupied by not more than one (1) family.

Dwelling, two-family, means a detached building having separate accommodations for and occupied by not more than two (2) families.

Facility means a building or group of buildings that exist to serve a particular purpose, such as rehabilitation and training.

Family means one (1) or more people domiciled together in one (1) dwelling unit and who are living together as a single housekeeping unit and sharing common living, cooking, and eating facilities. This definition shall not include:

(1)

Any society, club, fraternity, sorority, association, lodge, or similar organizations;

(2)

Boarding houses, lodging houses, or hotels; or

(3)

Supervised living facilities or other similar facilities.

Floor area means the total horizontal area of the several floors of a structure covered by a roof, exclusive of garages, stoops, carports and unenclosed porches; same as living area.

Footprint means the gross horizontal area of the first floor, as determined by the most recent survey of the property, of a principal building, including attached garages and carports.

Garage means a structure used for the shelter or storage of motor vehicles.

Garden structure means a structure that is used only for decorative purposes, such as a trellis or statue.

Gross floor area means the total horizontal area of the several floors of a structure covered by a roof, inclusive of garages, stoops, carports, unenclosed porches and other similar areas.

Health services (medical, dental or optical) means the care, diagnosis, and treatment of persons by health professionals on a non-emergency and out-patient basis.

Height of building means the distance from average grade or curb level to the highest point of the roof, but not including chimneys, towers, spires and the like.

Hotels means a building containing rooms intended or designed to be used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building or in an accessory building.

Incidental livestock means livestock, not including pigs or goats, and poultry kept for the use of or the consumption by the occupants of the lot; provided however, that no corrals, stables, chicken houses or their yards shall be located closer than fifty (50) feet from any property line, and that they shall comply with the sanitary regulations; and that the number of livestock and poultry and their manner of keeping do not constitute a nuisance to the neighborhood.

Living area means gross horizontal areas of the several floors of a structure covered by a roof exclusive of garages, carports and unenclosed porches; same as floor area.

Lot frontage means the width of the lot at either front line or building line, whichever is greater.

Lot line means the boundaries of any lot as described on the subdivision plat.

Medical office means the use of a site for the consultation, diagnosis or therapeutic, preventative, or corrective personal treatment by doctors, dentists, medical or dental laboratories, chiropractors, masseurs, pharmacists, veterinarians or similar practitioners of medical and healing arts, licensed for practice by the state.

Mobile food service vendor means a vehicle used to sell food prepared either on-site or off-site and the vehicle is a self-contained motorized vehicle or is pulled by a motorized vehicle.

Mobile food service vendor court means a site designed for the operation of two (2) or more mobile food service vendors as the primary use of the site.

Motel has the same definition as hotel.

Niche means a space in a cinerarium used or intended to be used for the placement of cremains in an urn or other container.

Off-street parking space means an area on a lot or site, other than on a public street or alley, that is permanently reserved for the temporary parking of a motor vehicle.

Playfield or stadium means an athletic facility or stadium owned and operated by a public or private agency for the general public including a baseball field, golf course, football field or stadium.

Principal building means the largest habitable building on a residential lot.

Private yard means an area of open space within a townhouse but which is unoccupied and unobstructed by any portion of a structure.

Recreation center means a building or complex of buildings housing community recreation facilities.

Recreational business means an establishment that is primarily engaged in the operation of sports and recreation services such as baseball instruction, basketball instruction, handball courts, and rock climbing centers.

Religious institution means any place of worship for the carrying on of religious activities which consists of one (1) or more permanent buildings.

Residential care facility means a building containing services for:

(1)

Convalescent and nursing facilities and related institutions licensed under V.T.C.A., Health and Safety Code Ch. 242.

(2)

Continuing care facilities licensed under V.T.C.A., Health and Safety Code Ch. 246.

(3)

Assisted living facilities licensed under V.T.C.A., Health and Safety Code Ch. 247.

(4)

Intermediate care facilities for individuals with an intellectual disability licensed under V.T.C.A., Health and Safety Code Ch. 252.

(5)

Residential child care facilities licensed under V.T.C.A., Human Resources Code Ch. 42.

Screen enclosure means a metal structure that has no roof and is completely encapsulated only by a fabric which allows the elements to pass freely through it.

Service shops means bakeries, beauty shops, restaurants, laundry agency, washateria, shoe repair, gasoline service, etc., but excluding auto repair, bus terminals, machinery repair and welding.

Self-storage facility or mini-warehouse means a facility from which space is leased to individuals for the exclusive purpose of storing property and such property is cared for and controlled by the tenant.

Setback means a minimum yard dimension measured from the lot line to the building or other structure.

Space means an area that is permanently reserved for the temporary parking of a motor vehicle.

Special event venue means a private facility, including the grounds and buildings, available for lease for the purpose of conferences, meetings, receptions, reunions, weddings or any other gathering (formal or informal) that is temporary in nature.

Stacking lane means an area on a site with direct forward access to a service window or station of a drive-through facility or passenger drop-off/pickup.

Stacking space means an area in a stacking lane that is meant to be occupied by a single motor vehicle.

Street right-of-way means property either conveyed or dedicated to the public for use as a public street.

Structure means any object that is erected, constructed or installed by man that requires location in or on the ground or attachment to something having location on the ground having a definite pattern of organization, including buildings, the construction of buildings or accessory buildings, decks, decking or swimming pools, spas, hot tubs, saunas and other similar constructions or installations.

Supervised living facility means a residential facility that provides care, training, education, custody, treatment, or supervision for persons over the age of seventeen (17) who are not related by blood, marriage, or adoption to the owner or operator of the facility, whether or not the facility is operated for profit or charges for the services it offers. This definition does not include shelter, supervision, or rehabilitation services for former inmates of county, state, or federal correctional institutions and who require, upon release of said institution, a group residential setting to facilitate their transition back into society.

Swimming pool means a constructed pool, used for swimming or bathing, with over twenty-four (24) inches in depth or a surface area exceeding two hundred (200) square feet.

Temporary structure means a structure that is intended to be used ninety (90) days or less, that does not meet state and federal windstorm requirements, and that can be disassembled quickly.

Townhouse means a dwelling unit structure having a separate wall with one (1) or more adjoining dwelling unit structures.

Townhouse group means four (4) to ten (10) contiguous townhouses connected by common walls.

Townhouse project means a townhouse development or plan which is submitted and approved by a single special permit.

Water feature means a manmade body of water, such as an koi pond or fountain, that is not a swimming pool, lake, stream or river.

(Ord. No. 259, 7-17-61; Ord. No. 69-397, § 1, 7-7-69; Ord. No. 84-914, § 1, 2-20-84; Ord. No. 87-1048, § 1, 10-5-87; Ord. No. 88-1061, § 1, 5-2-88; Ord. No. 90-1143, § 1, 12-3-90; Ord. No. 92-1201, § 1, 6-15-92; Code 1958, § 25-2; Ord. No. 96-1384, § 3, 7-1-96; Ord. No. 08-1884, § 1, 7-7-2008; Ord. No. 10-1932, § 1, 3-15-2010; Ord. No. 10-1951, § 1, 12-6-2010; Ord. No. 11-1960, § 1, 6-6-2011; Ord. No. 14-2025, § 1, 6-2-2014; Ord. No. 14-2037, § 1, 4-7-2014; Ord. No. 15-2066, § 1, 6-1-2015; Ord. No. 16-2100, § 1, 5-2-2016; Ord. No. 17-2124, § 1, 2-6-2017; Ord. No. 17-2129, § 1, 4-3-2017; Ord. No. 22-2249, § 1, 6-6-2022; Ord. No. 23-2277, § 1, 10-2-2023)

Cross reference— Definitions generally, § 1-2.

(a)

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

(b)

Right of entry. The building official or any duly authorized person shall have the right to enter upon any premises necessary to carry out his duties in the enforcement of this chapter.

(c)

Stop orders. Whenever any building work is being done contrary to provisions of this chapter, the building official may order the work stopped by notice in writing served on any person engaged in 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.

(d)

Furnishing utilities. No person or public utility shall furnish water, gas or electric energy to, nor make connection with, any building in the city which has been erected or structurally altered after July 17, 1961, unless and until such person or public utility shall have received from the building official, city secretary or city council notification that such erection or structural alteration of such building complies with this and other ordinances of the city.

(Ord. No. 259, 7-17-61; Code 1958, § 25-10)

Cross reference— Administration, ch. 2.

State Law reference— Enforcement of zoning ordinance, V.T.C.A., Local Government Code § 211.012.

(a)

No permit for the construction of a building shall be issued by the building official in a territory where an ordinance has passed on the first reading, annexing same to the city, other than a permit which will allow the construction of a building permitted to be constructed in what is defined as R-1 single-family residence as defined in section 110-68. An application for any other use than that specified hereinabove shall be made to the building official and by him referred to the planning commission which acts as the zoning commission on the designation by the council for a consideration and recommendation to the city council. Whenever such recommendation is filed with the city council by the planning commission, such classification and such recommendation shall be advisory in its nature and the council shall be at liberty to affirm it or allow such construction as the facts in their opinion may justify.

(b)

No existing building in a territory where an ordinance has been passed on first reading, annexing the same to the city, not at that time lawfully used for business purposes, shall be altered, remodeled or constructed for business purposes without a permit from the city council. This permit shall be obtained under the same procedure set out in subsection (a) of this section.

(c)

The owner, lessees, or any other person owning, controlling, constructing or directing the construction of any building or structure now in process of construction and which is incomplete at the time the land upon which it is situated is covered in an ordinance passed on first reading, annexing same to the city, before proceeding any further with the construction, alteration or completion thereof, shall apply to the building official for a permit authorizing further work on such building or structure and shall attach to such application for such permit plans and specifications relating to the construction of such building, or structure, which such application for building permit shall be promptly referred to the planning commission for consideration and the commission shall promptly thereafter file with the council its recommendation as to granting, modifying or rejecting such permit, the recommendation to be advisory, as stated in subsection (a) of this section. Such construction work shall be suspended until the permit provided for in this section has been issued, or until final zoning regulations have been adopted which permit the construction, use and occupancy of the structure or building.

(Ord. No. 259, 7-17-61; Code 1958, § 25-18)

The permanent zoning of newly annexed territory shall be handled in the same manner as amendments to the zoning ordinance provided under section 110-6 and the subsections thereunder.

(Ord. No. 259, 7-17-61; Code 1958, § 25-19)

(a)

Requirements for change. Whenever the public necessity, convenience, general welfare or good zoning practice justifies such action, and after consideration by the city council, city planning commission, zoning board of adjustment or the joint consideration of the planning commission and the city council, or by a petition by one (1) or more of the owners, optionees or lessees of property within the area proposed to be changed, the zoning of any specific property in the city may be changed pursuant to the provisions of this section.

(b)

Initiation of change. A proposed change of zone may be initiated by the city council, city planning commission, zoning board of adjustment, or by a petition by one (1) or more of the owners, optionees or lessees of property within the area proposed to be changed.

(c)

Zoning changes; public hearing required. At any regularly scheduled meeting of the planning commission, the owners, optionees or lessees of property who desire a change of zone may appear and request that a public hearing be called to consider their petition. The city council may at any time request that the planning commission hold a special hearing to consider zoning matters.

(d)

Notice.

(1)

Mailed written notice. Written notice of all public hearings before the planning commission on proposed changes in classification shall be sent to owners of real property lying within two hundred (200) feet of the property on which the change in classification is proposed, such notice to be given not less than ten (10) days before the date set for hearing to all such owners who have rendered their property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the city post office. Where property lying within two hundred (200) feet of the property proposed to be changed is located in territory which was annexed to the city after final date for making the renditions which are included on the last approved city tax roll, notice to such owners shall be given by publication in the manner provided in subsection (d)(3) of this section.

(2)

Signs posted on property. Signs notifying the public of the proposed zoning change shall be posted on the property at least fifteen (15) days before the first public hearing and shall remain until the rezoning process is complete. The signs must be clearly visible from the streets adjacent to the property. If a street is not adjacent to the property, then the signs shall be posted in the right-of-way of the nearest public street with a notation indicating the location of the property subject to the proposed change. The city shall provide the signs. At least seven (7) days before the first public hearing, the applicant shall provide the city with an affidavit and time stamped picture of the sign to verify that the sign was posted. Failure to post the sign at least fourteen (14) days prior to the first public hearing or to submit the required affidavit and picture shall result in the postponement of the zoning change consideration. The applicant shall be responsible for all costs associated with the city's renotifications.

(3)

Newspaper publication. Notice of a public hearing by the city council or by the planning commission to consider proposed changes to this chapter shall be given by publication in the official paper of the city once a week for three (3) consecutive weeks. Such notice shall state the time, place and nature of such public hearing and such hearing shall not be held earlier than fifteen (15) days from the date of the first publication of such notice.

(e)

After published notice has been given as required by subsection (d) of this section, the city council may hold a public hearing jointly with the planning commission, but after such joint hearing, the city council shall not take any action until it has received the final report of the planning commission. The city council shall, however, be able to call and hold a public hearing on its own to consider, approve or disapprove requests for changes whenever a majority of the entire council deem it necessary or appropriate, and a report from the planning commission concerning the same tract of land is not pending. The planning commission may also meet in its own capacity to hold public hearings, when required under this Code. The city planning commission may approve or disapprove any proposed change either in whole or in part. If approved in whole or in part, a recommendation in conformity with such approved change, shall be presented to the city council and an ordinance approving such a change in whole or in part may be adopted by the council after a public hearing. If such proposed change is disapproved by the city planning commission, a report of its decision shall be made to the city council. The city council may then review the decision of the planning commission. If the city council is in favor of the proposed change, it may, after a public hearing, make such change in such ordinance by a majority vote of the entire membership of the city council. A joint public hearing of the planning commission and the city council shall satisfy this requirement.

(f)

Passage of rezoning ordinances where written protest filed. In case, however, of a written protest against such change, signed by the owners of twenty (20) percent or more either of the area of the lots or land included in such proposed change, or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, such amendment shall not become effective except by the favorable vote of three-fourths (¾) of all the members of the city council. The provisions of subsection (d) relative to public hearing and official notice shall apply equally to all changes or amendments.

(g)

Restrictions. Any prior deed restrictions or other prior restrictions placed on any lot or land that is the subject of a zoning change request shall be disclosed to the city planning commission and to the city council by the landowner or optionee of land, when a change is requested by such owner or optionee. Any restriction on land or lots which was agreed to by the owner or optionee of property at the time the change of zone is approved by the city council shall be entered in the council minutes as a part of the permanent record. If the land is undeveloped, the restriction shall be placed in the plat at the time of plat approval by the planning commission. A violation of this subsection constitutes a misdemeanor and shall be punishable in accordance with section 110-12.

(Ord. No. 259, 7-17-61; Ord. No. 74-519, § 1, 2-18-74; Ord. No. 74-524, § 1, 3-18-74; Code 1958, § 25-17; Ord. No. 21-2236, § 1, 11-1-2021)

State Law reference— Procedures for amending zoning ordinance, V.T.C.A., Local Government Code §§ 211.002, 211.006, 211.007.

Persons applying for variances and zoning amendments must pay for the cost of advertising for such requests.

(Ord. No. 259, 7-17-61; Code 1958, § 25-13; Ord. No. 14-2025, § 2, 6-2-2014)

Any use or structure existing at the time of enactment or subsequent amendment of this chapter, but not in conformity with its provisions, may be continued with the following limitations. Any use or building which does not conform to this chapter may not be:

(1)

Changed to another nonconforming use;

(2)

Reestablished after discontinuance for six (6) months;

(3)

Extended except in conformity to this chapter; or

(4)

Rebuilt after damage exceeding two-thirds (⅔) of its fair sales value immediately prior to damage.

(Ord. No. 259, 7-17-61; Code 1958, § 25-14)

Editor's note— Ord. No. 15-2074, § 1, adopted Aug. 3, 2015, repealed § 110-9, which pertained to building permits and derived from Code 1958, § 25-11; Ord. No. 259, adopted July 17, 1961; Ord. No. 76-593, § 1, adopted Aug. 2, 1976; Ord. No. 81-820, § 2, adopted Sept. 21, 1981; Ord. No. 14-2025, § 3, adopted June 2, 2014.

The following land uses shall require approval of the planning commission instead of the building inspector because of special problems of traffic, parking safety or effect on surrounding property:

(1)

Public buildings erected by city, county, state, school district, federal or any other governmental body.

(2)

Airports, landing fields or airport facilities.

(3)

Water reservoirs, pumping station, water towers or artesian wells.

(4)

Radio or television transmitting or receiving towers taller than one hundred (100) feet, whether commercial or private.

(5)

Trailer camps.

(6)

Drive-in theaters.

(7)

Large scale developments, including housing projects and shopping centers, after submission to the planning commission of a site plan drawn to scale and showing the development in detail, including such essential requirements as parking facilities, location of buildings and uses to be permitted, and means of ingress and egress.

(8)

Any of those uses which may be obnoxious or offensive by reason of emission of odor, dust, smoke, gas, noise, vibration and the like.

(9)

Strip lighting.

(Ord. No. 259, 7-17-61; Code 1958, § 25-5; Ord. No. 94-1311, § 1, 10-3-94)

State Law reference— Authority of local governments under Texas Clean Air Act, V.T.C.A., Health and Safety Code § 382.111 et seq.

(a)

Purpose:

(1)

The purpose of this section is to amend the city's comprehensive zoning code to ensure that outdoor lighting does not (a) interfere with the safety and welfare of the community and does not (b) interfere with or endanger the public in traveling to and from on streets, and does not (c) interfere with the reasonable use and enjoyment of property. It is also the purpose of this section to encourage outdoor electrically powered illuminating devices, lighting design practices, and systems which will conserve energy, while preserving the natural environment while increasing nighttime safety, utility, security, and productivity.

(b)

Outdoor illuminating devices:

(1)

Generally, artificial outdoor or extended illuminating devices shall be installed in accordance with, and when permitted by, the requirements of this section.

(c)

Outdoor illuminating devices, in nonresidential zones:

(1)

In all nonresidential zones the proposed lighting plan shall be reviewed by the city engineer and be included as part of the site plan, under section 90-35 of the city subdivision code. The owner shall stay in compliance with the lighting requirements of the site plan and shall not deviate from such requirements unless the owner receives approval from the planning commission.

(2)

When a nonresidential zone is located adjacent to a residential zone, all external lighting shall be shielded to prohibit illumination at the boundary of the nonresidential zone and the residential zone in excess of one-fourth (0.25) footcandles of average general light overflow or one-half (0.50) footcandles at any point on such boundary. In all cases, exterior lighting shall be installed, hooded, regulated, and maintained by the owner or person in control thereof in such manner that the direct beam of any such light will not glare upon any lot, tract, or parcel of land other than that upon which it is situated.

(d)

Outdoor illuminated devices in other zones:

(1)

Lighting in R4, PUD, PURZ, or MH-1 zones shall also comply with this section.

(e)

Special permits:

(1)

Laser source light, strobe light and similar high intensity light sources for advertising or entertainment shall be prohibited in any zone, unless a permit is obtained from the building official for specific events and timeframes.

(2)

Searchlights shall be prohibited in any zone, unless a permit is obtained from the building official for specific events and timeframes.

(f)

Phased in compliance.

(1)

For those tracts that have lighting that does not conform to the provisions of this section at the inception of the section (January 5, 1998), such lighting shall either be abated, removed or modified to conform with the code as determined by the city building official, within a period of two (2) years, from the effective date of this adoption of this section (January 5, 1998).

(2)

After the enactment of this section, the city administrator shall as soon as practicable, survey the city for lighting which does not conform to the requirements of this Code. Upon determination that lighting is nonconforming, the administrator shall use reasonable efforts to so notify, in writing, the user or owner of the property on which the lighting is located of the following:

a.

The nonconformity of the lighting; and

b.

The need to conform within two (2) years, as well as the potential penalties for failure to do so. If the user or owner of the property cannot be located, the notice may be affixed in a conspicuous place to the premises with which the lighting is associated.

(g)

Exemptions:

(1)

Strip lighting approved by the planning commission under section 110-10(9) shall be exempt from this section.

(2)

Emergency lighting by police, fire, and rescue authorities is exempt from this section.

(Ord. No. 98-1443, § 1, 1-5-98)

(a)

Required. No change in the use or occupancy of land nor any change of use or occupancy in an existing building other than for single-family residences or for farming or gardening shall be made, nor shall any new building be occupied for any purpose other than for single-family residence use until a certificate of occupancy has been issued by the building official.

(b)

Record kept by building official. A record of all certificates of occupancy shall be kept on file in the office of the building official, and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or a building affected by such certificate of occupancy.

(c)

Nonconforming uses must apply for certificates. A certificate of occupancy shall be required of all nonconforming uses of land or buildings existing on July 17, 1961. Application for such certificate of occupancy for nonconforming uses shall be filed with the building official by the owner or lessee of the land or building occupied by such nonconforming use not later than July 17, 1962. It shall be the duty of the building official to issue a certificate of occupancy for nonconforming use. Failure to apply for such certificate of occupancy for nonconforming use shall be considered evidence that such nonconforming use did not exist on July 17, 1961.

(Ord. No. 259, 7-17-61; Code 1958, § 25-12; Ord. No. 98-1443, § 1, 1-5-98)

(a)

Any person who shall violate any of the provisions of this chapter, or who shall build, alter, occupy or use any building or property in violation of any statement or plan submitted and approved under this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not to exceed two thousand dollars ($2,000.00). Each day such violation shall be continued, or shall be allowed to continue to exist, shall constitute a separate offense.

(b)

The owner of any building or property or part thereof where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, contractor, agent, attorney or other person employed in connection therewith and who has assisted in the commission of such violations, shall be guilty of a separate offense, and upon conviction thereof shall be fined in any sum not to exceed five hundred dollars ($500.00).

(c)

In addition to the remedies provided for in this section the enforcing officer may, in case any buildings or structures are erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter, institute any appropriate action or proceedings to prevent such unlawful erection, reconstruction, alteration, repair, conversion, maintenance, or use to restrain, correct or abate such violation, to prevent the occupancy of such building, structure, or land, or to prevent any illegal act, conduct of business or use in or about such premises.

(Ord. No. 259, 7-17-61; Ord. No. 83-907, § 10, 11-21-83; Ord. No. 88-1060, § 10, 1-18-88; Code 1958, § 25-15; Ord. No. 98-1443, § 1, 1-5-98)

To apply for a conditional use permit, the applicant must notify the engineering department in writing and supply the following information:

(1)

Type of conditional use desired;

(2)

Site plan showing ingress and egress to the conditional use;

(3)

Hours the conditional use will be operated or used;

(4)

Types of noise the conditional use will generate;

(5)

Amount of traffic the conditional use will generate; and

(6)

Any other information required by the engineering department.

(Ord. No. 14-2025, § 4, 6-2-2014)

(a)

Only the conditional uses listed in each zone are allowed.

(b)

Applicants must apply for each conditional use separately, and each use must attain approval of the planning commission separately. The planning commission's approval of a conditional use does not mean that the use becomes a permitted use for that zone.

(Ord. No. 14-2025, § 4, 6-2-2014)

(a)

The planning commission may approve, conditionally approve, or deny an application for a conditional use. The planning commission may also impose requirements and conditions on the location, construction, operating hours, maintenance, and operation of the conditional use in order to protect adjacent properties.

(b)

If the conditions of the permit are not being complied with, the planning commission may revoke the permit. The permit holder shall receive at least ten (10) days written notification of the meeting at which the planning commission will consider the revocation.

(Ord. No. 14-2025, § 4, 6-2-2014)

The conditional use must be operational within one (1) year of the date the permit is granted unless the planning commission sets a different time limit.

(Ord. No. 14-2025, § 4, 6-2-2014)