The city building official shall administer the provisions of this chapter, and in furtherance of such authority, the city building official shall:

(1)

Records. Maintain permanent and current records with respect to this chapter, including amendments thereto.

(2)

Applications. Receive, file, and review all zoning applications to determine whether such plats comply with this chapter.

(3)

Commission. Forward zoning applications to the commission as required by this chapter, together with its recommendations thereon.

(4)

Council. Forward zoning applications to the council, together with the recommendations of the commission and the city staff.

(5)

Implementation. Make such other determinations and decisions as may be required of the city by this chapter, the commission or the council; and enforce and implement this chapter and the final decisions by the commission and city council.

(Ord. No. 565, § 2, 2-19-2020)

(a)

Zoning procedure. The proposed rezoning must be consistent with the future land use element of the comprehensive plan or must be accompanied with a request for an amendment to the comprehensive plan.

(1)

A request for a zoning amendment may be initiated by:

(A)

Recommendation of the city council;

(B)

Recommendation of the planning and zoning commission;

(C)

Recommendation of the city manager;

(D)

Recommendation of the director of development services; or

(E)

Application by the property owner or authorized agent; and payment of the required fee.

(2)

A public hearing shall be required before the planning and zoning commission in accordance with state law and city charter.

(3)

After the public hearing on the application, the planning and zoning commission shall make a recommendation to the city council with respect to such application.

(4)

After the planning and zoning commission's recommendation is received, the city council shall conduct a public hearing in accordance with state law. The public hearing shall be conducted within 60 days following the date of the planning and zoning commission's recommendation. If a public hearing is not held before city council within the prescribed 60 days, city council may extend the 60 day period for a maximum of 30 days by resolution of the council; a maximum of two 30-day extensions may be granted in this manner, or the application will be considered withdrawn.

(5)

Within 60 days of the public hearing before the city council, city council must either:

(A)

Approve by ordinance, the requested amendment as submitted;

(B)

Approve by ordinance, the amendment as recommended by the planning and zoning commission;

(C)

Approve by ordinance, an alternate amendment that is a less intensive use than that which was submitted;

(D)

Deny the requested rezoning by record vote; or

(E)

Extend the 60-day period for a maximum of 30 days by a resolution of the council; a maximum of two 30-day extensions may be granted in this manner.

If the city council fails to approve, deny, or extend the request within 60-days after the public hearing on the request, or the delay is due in whole or part to applicant's request for extension(s), the request is deemed withdrawn and no further action shall be taken without a new zoning application being submitted.

(6)

A zoning map amendment to this code requires the approval by a three-fourths vote of all members of the city council if:

(A)

The planning and zoning commission has recommended to deny the requested amendment; or

(B)

A written protest is received by the director of development services against such rezoning or creation and/or amendment of an PUD district and is signed by the owners of 20 percent or more of either:

(i)

The area of the lots or land included in such proposed amendment; or

(ii)

The area of the lots or land within 300 feet of the boundary of the subject area, excluding the land included in such proposed amendment. In computing the percentage of land area, the area of streets and alleys shall be included.

(b)

Planned unit development procedures.

(1)

Purpose and objectives. The purpose and intent of the planned unit development district is to provide a flexible, alternative procedure to encourage imaginative and innovative designs for the unified development of property in the city consistent with this chapter and accepted urban planning, with overall mixed-use regulations as set forth below and in accordance with the city's comprehensive plan. The PUD rules are designed:

(A)

To allow development which is harmonious with nearby areas;

(B)

To enhance and preserve areas which are unique or have outstanding scenic, environmental, cultural or historic significance;

(C)

To provide an alternative for more efficient use of land, resulting in smaller utility networks, safer streets, more open space, and lower construction and maintenance costs;

(D)

To encourage harmonious and coordinated development, considering natural features, community facilities, circulation patterns and surrounding properties and neighborhoods;

(E)

To facilitate the analysis of the effect of development upon the tax base, the local economy, population, public facilities and the environment;

(F)

To provide and result in an enhanced residential and/or work environment for those persons living and/or working within the district; and

(G)

To require the application of professional planning and design techniques to achieve overall coordinated mixed-use developments and avoid the negative effects of piecemeal, segregated or unplanned development. Toward these ends, rezoning of land and development under this district will be permitted only in accordance with the intent and purpose of the city's comprehensive plan and this chapter, and to that end the PUD plan must be prepared and approved in accordance with the provisions of this chapter.

(2)

Mixed-use development. The PUD district shall include and allow for compatible mixed uses such as compatible residential, commercial and/or industrial, within a single project within the boundaries of an approved plan area, in order to provide the flexibility required for a well-designed and innovative development that will conserve, develop, protect and utilize to their best use the natural resources of the area in a manner that ensures the safe, orderly and healthy development and expansion of the city. In order to promote such development, the PUD may be comprised of a combination of all the other zoning districts provided for in this chapter. The outer boundary of each such PUD zoning district shall be shown on a map. Said map will include a descriptive legend, the specific boundaries of the area proposed for use authorized for in any other zoning district and percentage of the total area of such PUD which will comprise each such separate use, and all notations, references and other information shown thereon, shall be adopted by ordinance.

(3)

Flexible planning. When considering a PUD, the unique nature of each proposal for a PUD may require, under proper circumstances, the departure from the strict enforcement of certain present codes and ordinances, e.g., without limitation, the width and surfacing of streets and highways, lot size, parking standards, setbacks, alleyways for public utilities, signage requirements, curbs, gutters, sidewalks and streetlights, public parks and playgrounds, drainage, school sites, storm drainage, water supply and distribution, sanitary sewers, sewage collection and treatment, single use districts, etc. Final approval of a PUD by the city council shall constitute authority and approval for such flexible planning to the extent that the PUD as approved, departs from existing codes and ordinances. The flexibility permitted for a PUD does not imply that any standard or requirement will be varied or decreased.

(4)

Rules applicable. The city council, after public hearing and proper notice to all parties affected and after recommendation from the commission, may attach a planned unit development district designation to any tract of land equal to or greater than 25 acres. Under the planned development designation, the following rules apply:

(A)

The approval of any proposed PUD or combination of uses proposed therein shall be subject to the discretion of the city council, and no such approval will be inferred or implied.

(B)

Permitted uses are those listed under the applicable zoning district(s) for the base zoning to be applied to the PUD (for example, the permitted uses in a PUD proposed to be developed as a retail, commercial and office development are the respective uses listed for the general retail, commercial and office districts). In addition, a planned unit development district may be established where the principal purpose is to serve as a transitional district, or as an extension of an existing district whereby the provision of off-street parking, screening walls, fences, open space and/or planting would create a protective transition between a lesser and more restrictive district. In approving a planned unit development, additional uses may be permitted, and specific permitted uses may be prohibited from the base district.

(C)

Standards required by the base zoning apply in a planned unit development except that the following regulations and standards may be varied in the adoption of the planned unit development, provided that the plan is consistent with sound urban planning and good engineering practices:

(i)

Setbacks.

(ii)

Maximum height.

(iii)

Maximum lot coverage.

(iv)

Minimum lot width.

(v)

Minimum lot area.

(vi)

Off-street parking requirements.

(vii)

Maximum dwelling units per acre.

(viii)

Minimum dwelling unit size.

(ix)

Accessory building regulations.

(x)

Sign regulations along with a development agreement.

(xi)

Landscaping regulations along with a development agreement.

(xii)

Land uses and land use conditions.

(xiii)

Architectural standards along with a development agreement.

(xiv)

Special district requirements pertaining to the base zoning.

(D)

In approving a planned unit development, no standards may be modified unless such modification is expressly permitted by this chapter, and in no case may standards be modified when such modifications are prohibited by this chapter.

(E)

In approving a planned unit development, the city council may require additional standards deemed necessary to create a reasonable transition to, and protection of, adjacent property and public areas, including but not limited to, light and air, orientation, type and manner of construction, setbacks, lighting, landscaping, management associations, open space and screening.

(F)

The commission and city council, in approving modifications to standards and regulations, shall be guided by the purpose intended by the base zoning and general intent of this chapter.

(5)

Preliminary site plan. A preliminary site plan of the entire property within the planned unit development will be considered by the commission prior to any recommendation to, or consideration by, the city council of the planned unit development district ordinance.

(A)

A preliminary site plan may be approved for a portion of a planned unit development district where the district is divided by a major thoroughfare, and the preliminary site plan includes all the property located on one side of the street.

(B)

Approval of a preliminary site plan will determine the location and mix of proposed uses, proposed points of ingress and egress, parking spaces, building locations and height, lot coverage, yards and open spaces, landscaping, screening walls or fences, topography and other development and protective requirements, considered necessary to create a reasonable transition to, and protection of, the adjacent property.

(C)

The commission and/or city council may approve, conditionally approve, request modifications, or deny approval of the preliminary site plan based on evaluation of details with respect to:

(i)

The plan's compliance with all provisions of this chapter and other ordinances of the city.

(ii)

The environmental impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood.

(iii)

The relationship of the development to adjacent uses in terms of harmonious use and design, setbacks, maintenance of property values and negative impacts.

(iv)

The provision of a safe and efficient vehicular and pedestrian circulation system.

(v)

The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.

(vi)

The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.

(vii)

The coordination of streets so as to compose a convenient system consistent with the thoroughfare plan of the city.

(viii)

The use of landscaping and screening: (1) to provide adequate buffers to shield lights, noise, movement or activities from adjacent properties when necessary; and (2) to complement the design and location of buildings and be integrated into the overall site design.

(ix)

The location, size and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.

(x)

The adequacy of water, drainage, sewerage facilities, garbage disposal and other utilities necessary for essential services to residents and occupants.

(6)

Final site plan. Following approval of the preliminary site plan, a final site plan for any portion of the planned unit development may be approved. The preliminary site plan establishes the general development standards according to a base district. The final site plan providing all the detail required for development, subdivision, zoning and enforcement of the special conditions and regulations must be approved by ordinance prior to the zoning being in effect and construction being authorized."

(7)

Amendments. Consideration of amendments to a planned unit development will take into consideration the effect of the proposed development on the remainder of the property, adjacent properties and the neighboring communities. Amendments to the final site plan or any planned development conditions, which are substantive, shall require public hearings in the manner required for any other zoning change.

(8)

Reserved.

(9)

Ordinance amendment. Every planned unit development district approved under the provisions of this chapter is considered an amendment of this chapter as to the property involved, and to the master plan. All planned unit development districts will be referenced on the zoning district map, and a list of such planned unit development districts shall be maintained as an appendix to this chapter.

(10)

Certificate of occupancy. All planned unit development district conditions and special regulations must be complied with in the PUD, or in the separate section or phase, before a certificate of occupancy is issued for the use of land or any structure which is part of a planned unit development district, or, if applicable, the separate section or phase being developed.

(c)

Comprehensive plan amendment procedures.

(1)

Purpose. For the purpose of establishing and maintaining sound, stable, and desirable development within the city, the comprehensive plan, specifically, the future land use plan and the transportation master plan, shall be amended only based upon changed or changing conditions in a particular area or in the city.

(2)

Applicability. If it is determined that a proposed rezoning is not in accordance with the future land use plan located within the master plan, a comprehensive plan amendment petition shall be required to accompany the rezoning application of the applicant who initiated the rezoning request with the applicable review fees in accordance with Appendix A.

(3)

Initiation of amendment. An amendment may be initiated by:

(A)

City council;

(B)

The planning and zoning commission; or

(C)

The city manager.

(4)

Procedure. An applicant who wishes to develop land within the city's jurisdiction and who will require an amendment to the future land use map or transportation master plan may petition the city council to initiate the process to amend the comprehensive plan by submitting a petition in the form provided by the city to the city's development services director.

(A)

Amendment petition. A complete petition for a future land use map or transportation master plan amendment shall be submitted to the development services director with letter of explanation for the request and any support information related to the request.

(B)

Review and report by development services director. Once the petition is complete, the development services director shall review the proposed amendment in light of the remainder of the comprehensive plan and conditions in the city and give a report and recommendation to the city council.

(C)

City council petition review. Approval of a petition will not constitute approval of the proposed amendment and will not bind the city council to approve the proposed amendment. If the city council approves the petition, the petition shall be forwarded to the planning and zoning commission for review and recommendation. Failure of the city council to act on a petition within 60 days of its submission shall be deemed a denial of the petition. An approved petition shall expire within six months of the date of approval if the amendment is not finally approved by the city council within that time.

(D)

Review by the planning and zoning commission. Once a petition has been approved by the city council, the planning and zoning commission shall hold a public hearing to review the amendment and recommend approving, approving with conditions, or denying. The planning and zoning commission will advise the city council of its recommendation regarding the requested comprehensive plan amendment, or any element of the comprehensive plan.

(E)

Final review and action by the city council. After receiving a recommendation by the planning and zoning commission, the city council at a public hearing may then adopt or reject all or certain elements of the proposed comprehensive plan amendment. The city council may also adopt additional elements it deems necessary to fulfill the goals and intent of the comprehensive plan. The City Council may:

(i)

Adopt or reject the plan as submitted by the planning and zoning commission;

(ii)

Adopt or reject the comprehensive plan amendment with changes or amendments; or

(iii)

Direct the planning and zoning commission to further study or review the comprehensive plan amendment, or a portion thereof.

(5)

Approval criteria.

(A)

The city council shall consider the following approval criteria in an analysis of immediate needs and consideration of the long-term effects.

(i)

The application is complete and the information contained within the application is sufficient and correct enough to allow adequate review and final action; and

(ii)

The amendment promotes the health, safety or general welfare of the city and the safe, orderly, and healthful development of the city.

(B)

In considering amendments to the comprehensive plan, the city council should be guided by the following:

(i)

The need for the proposed change;

(ii)

The effect of the proposed change on the need for city services and facilities;

(iii)

The compatibility of the proposed change with the existing uses and development patterns of nearby property and with the character of the neighborhood; and

(iv)

The implications, if any, that the amendment may have for other parts of the plan.

(Ord. No. 565, § 2, 2-19-2020; Ord. No. 599, § 32, 1-6-2021; Ord. No. 615, § 32, 7-7-2021; Ord. No. 703, §§ 20—22, 5-3-2023)

In the interpretation and application of the terms and provisions of this chapter, the following regulations shall govern:

(1)

Liberally construed. In the city's interpretation and application, the provisions of this chapter shall be regarded as minimum requirements for the protection of the public health, safety, comfort, convenience, prosperity, morals and welfare. This chapter shall be regarded as remedial and shall be liberally construed to further its underlying purposes.

(2)

Highest standards govern. Whenever a provision of this chapter and any other provision of this chapter, or any provision in any other law, ordinance, resolution, rule or regulation of any kind contains any restrictions covering the same subject matter, whichever restrictions are more restrictive or impose higher standards or requirements shall govern.

(3)

Resolution of conflicting interpretations. Where there arises a question concerning the meaning or intent of a provision of this chapter, a written decision setting forth the manner in which said provision shall be interpreted and administered is encouraged. In the event any interested party takes exception to such a decision the matter may be appealed to the commission and, as appropriate, to the council whose decision shall be final.

(4)

Written decisions binding. Any final written decision made as provided in subsection (3) above shall be archived and shall govern interpretation of this chapter until such time as an amendment of this chapter shall nullify such decision, or the decision is overruled or rescinded by the city council.

(5)

State law. The terms, provisions and conditions of this chapter shall be interpreted and applied in a manner consistent with state law and Chapter 211 of the Texas Local Government Code.

(6)

Master plan. All zoning applications shall conform to the master plan for the community and be consistent with all the elements thereof.

(A)

Where the proposed zoning application is inconsistent with one or more of the elements of the master plan, the developer may petition the city for amendment to the particular element or elements of the master plan either prior to, or concurrent with, submitting a request for subdivision plat or development plan approval. Inconsistency with the provisions of the master plan shall be grounds for disapproval of the zoning application by the city.

(B)

Where the proposed zoning is for a zoning district or category provided for in this chapter but that is not included on the master plan existing on the date of this chapter, or not existing on the date of such application, the applicant shall propose an amendment to the master plan and provide information and documentation in support of such amendment.

(7)

Consistency with the subdivision ordinance. All development projects within the corporate limits of the city shall be in conformance with the city's subdivision ordinance. Where the proposed development requires a zoning classification or approval other than that currently applying to the property to be developed, the developer shall make appropriate application to secure the necessary zoning classification or approval required for the proposed development would comply with this chapter.

(Ord. No. 565, § 2, 2-19-2020)

(a)

Established. A board of adjustment (hereafter in this section, the "board") is hereby established in accordance with the provisions of Section 211.008 of the Texas Local Government Code, regarding the zoning of cities and with the powers and duties as provided in said code.

(b)

Organization and procedure.

(1)

Regular membership. The board shall consist of five citizens, each to be appointed or reappointed by the mayor and confirmed by the city council. Each member of the board shall be removable for cause by the city council upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of the member whose term becomes vacant. The board shall elect its own chair, who shall serve for a period of one year or until his or her successor is elected.

(2)

Alternate members. The board shall also consist of not more than four alternate members, who will serve in the absence of one or more regular members when requested to do so by the mayor or city manager. Alternate members shall be appointed in the same manner as regular members; shall serve for the same period as a regular member; and are subject to removal in the same manner as a regular member. Vacancies among the alternate members shall be filled in the same manner as vacancies among the regular members.

(3)

Meetings. Meetings of the board shall be held at the call of the chair and at such other times as the board may determine. The board chair shall have a vote on all matters.

(4)

Hearings. The hearings of the board of adjustment shall be posted as provided in to Chapter 551, Texas Government Code and shall be public, provided that upon the advice and consent of the City Attorney the Board may go into executive session pursuant to Chapter 551, Texas Government Code.

(5)

Quorum. Four members of the regular board or a combination of members of the present regular board members and alternate members of a minimum of four members shall constitute a quorum.

(6)

Rules and regulations. 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 such minutes 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 four members must concur. The board shall adopt rules in accordance and consistent with this chapter as necessary and required. A copy of any such rules shall be furnished. All rules and regulations shall operate uniformly in all cases and all resolutions and orders shall be in accordance therewith.

(c)

Conflict. If a discrepancy between the requirements, standards or procedures of Chapter 211, Texas Local Government Code and this section exist, Chapter 211, Texas Local Government Code, shall control.

(d)

Appeals.

(1)

Procedure. Any person aggrieved by a decision of an administrative officer in the enforcement of Chapter 211 of the Texas Local Government Code, or this chapter, or any officer, department, board or bureau of the city affected by any such decision by an administrative officer, may appeal such decision to the board. Such appeal shall be made by filing with the office of the board and the officer whose action is being appealed, a notice of appeal specifying the grounds thereof. The appeal must be filed within ten business days of the decision for which complaint is made. The officer from which the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from is taken.

(2)

Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer whose decision is appealed shall certify to the board that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed other than by restraining order granted for just cause by the board, or by a court of record, after notice to the officer from whom the appeal is taken.

(3)

Notice of hearing on appeal. The board shall fix a reasonable time for the hearing of the appeal or other matter referred to it and shall give public notice of the hearing and due notice to the parties in interest.

(4)

Decision by board. The board shall decide appeals within a reasonable time. Any party to the appeal may appear in person or by agent or attorney at any hearing. The board may accept evidence from all parties it determines are appropriate to make a determination. The concurring vote of four members of the board is necessary to:

(A)

Reverse an order, requirement, decision, or determination of an administrative official;

(B)

Decide in favor of an applicant on a matter on which the board is required to pass under this chapter; or

(C)

Authorize a variation from or special exception to the terms of this chapter.

(5)

Findings of the board. In the absence of specifically made and filed findings of the board, the minutes including the formal vote therein of the board shall constitute the formal findings of the board.

(e)

Powers and duties of the board.

(1)

Appeals based on error. The board shall have the power 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 Chapter 211 of the Texas Local Government Code. The board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement or decision, and make the correct order, requirement, decision or determination on the matter appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made, and to that end, shall have only the same powers of the officer or department from whom the appeal is taken.

(2)

Special exceptions. The board shall have the power to hear and decide special exceptions to the terms of this chapter when this chapter requires the board to do so. Such special exceptions shall be limited to the following, as well as any other specifically enumerated rights to grant special exceptions:

(A)

To permit a public utility or public service use or structure in any district as necessary to house equipment, pumps, switching gear and similar devices only, required for the provision of the utility service 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 provision of utility service and the public health, convenience, safety or general welfare.

(B)

Authorize a special exception for 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, and where the topography or unusual shape of the lot and regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.

(f)

Variances. 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)

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

(2)

Structures. Authorize upon appeal, whenever a property owner can show that a strict application of the terms of this chapter relating to the construction or alteration of a building or structure or the use of land will impose 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 variance 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 as established by this chapter, and at the same time, the surrounding property will be properly protected; provided that the board shall not in any event permit a use on any property that is not permitted within the zoning category for which such property is zoned.

(g)

Changes. The board shall have no authority to change any provision of this chapter and its jurisdiction is limited to unique circumstances demonstrating hardship and borderline cases which may arise from time to time.

(Ord. No. 565, § 2, 2-19-2020)

No building permit shall be issued for any new structure or change, improvement or alteration of any existing structure, on any lot or tract of land and no municipal utility service will be furnished to such lot or tract which does not comply with the provisions of this chapter and all applicable elements of the master plan, except as herein exempted, or upon the written application and approval of a variance.

(Ord. No. 565, § 2, 2-19-2020)

(a)

Policy and application. Certificates of occupancy shall be required for any of the following:

(1)

Occupancy and use of any structure or building hereafter erected or structurally altered, unless otherwise required.

(2)

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

(3)

No occupancy of any new, or altered portion of any, structure or building, or any such building or structure for which there is a change of use, shall take place until a certificate of occupancy therefor shall have been issued by the city building official.

(b)

Procedure.

(1)

New and altered structures. 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. Said certificate shall be issued within three days after a written request for the same has been made to said city building official 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 and all applicable city codes and ordinances.

(2)

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 said city building official. If the proposed use is in conformity with the provisions of this chapter, the certificate of occupancy shall be issued within three days after the application for same has been made.

(c)

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

(d)

Temporary certificate of occupancy. Pending the issuance of a regular certificate of occupancy, a temporary certificate may be issued by the city building official for a period not exceeding six 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.

(e)

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 city building official by the owner or lessee of the building or land occupied by such nonconforming use within one year of the effective date of this chapter. It shall be the duty of the city building official to issue a certificate of occupancy for a lawful nonconforming use, and the refusal of the city building official to issue a certificate of occupancy for such nonconforming use shall be evidence that said nonconforming use was either illegal or did not lawfully exist at the effective date of this chapter.

(Ord. No. 565, § 2, 2-19-2020)

To defray the costs of administering this chapter, the applicant seeking plat approvals shall pay to the city, at the time of submittal, the prescribed fees as set forth in the current administrative fee schedule approved by the council, and on file in the office of the city. When applications require review, actions or inspections by an engineer or the city attorney, such reasonable and necessary costs shall be reimbursed from the applicant to the city.

(Ord. No. 565, § 2, 2-19-2020)

The council may, from time to time, adopt, amend and make public rules and regulations for the administration of this chapter. This chapter may be enlarged or amended by the council after public hearing, due notice of which shall be given as required by law. The council may further modify and establish district boundaries and zoning classifications in accordance with the process set forth in state law.

(Ord. No. 565, § 2, 2-19-2020)

Except as otherwise provided for in this chapter, it shall be unlawful for any person, firm or corporation to develop, improve or sell any lot, parcel, tract or block of land within the city's territorial jurisdiction, regardless of the size or shape of said lot, parcel, tract or block, unless such lot, parcel, tract or block of land conforms with this chapter.

(Ord. No. 565, § 2, 2-19-2020)

(a)

Administrative action. The building official, city engineer and/or the city administrator shall enforce this chapter by appropriate administrative action, including but not limited to the rejection of plans, maps, plats and specifications not found to be in compliance with this chapter and good engineering practices, and the issuance of stop work orders.

(b)

Court proceedings. Upon the request of the city council, the city attorney shall file an action in the district courts to enjoin the violation or threatened violation of this chapter, or to obtain declaratory judgment, and to seek and recover court costs and attorney fees, and/or to recover damages in an amount sufficient for the city to undertake any construction or other activity necessary to bring about compliance with a requirement regarding the property and established pursuant to this chapter.

(Ord. No. 565, § 2, 2-19-2020)

Any person who shall violate any of the provisions of this chapter, or shall fail to comply therewith, or with any of the requirements thereof, within the city limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of $2,000.00. Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.

(Ord. No. 565, § 2, 2-19-2020)