(Ord. 671, passed 4-15-86)

   (A)   No building permit for the construction of a building or structure upon any tract, parcel or premise shall be issued, and public utilities shall not be extended or connected to a building or structure unless the lot, tract, parcel or premise is part of a plat of record properly approved by the Planning and Zoning Commission or a lot of record. However, nothing herein shall require a plat to be approved and filed as a prerequisite to construction where such construction occurs in an area zoned in a PR, A or Single-family Residential District for any of the following purposes:

      (1)   Adding to an existing building or structure; or

      (2)   Altering an existing building or structure; or

      (3)   Adding an accessory building or structure; or

      (4)   Restoring any building or structure previously destroyed by fire, explosion or any other casualty or act of God where the extent of the destruction is not more than 50% of its reasonable market value.

(Ord. 671, passed 4-15-86)

   (A)   No existing building or structure shall be changed in use, and no building or structure erected, enlarged or structurally altered after the effective date of this chapter, unless a Certificate of Occupancy and Compliance shall first have been issued by the Building Official of the city certifying that the building and the proposed use of the building and premises comply with all building and fire codes, and any other applicable codes and ordinances.

   (B)   A certificate of occupancy and compliance shall be applied for coincident with the application for a building permit and will be issued within ten working days after the completion of the erection, alteration or conversion of such building or land provided such construction or change has been made in complete conformity to the provisions of this chapter. All existing or hereafter created nonconforming uses shall obtain certificates of occupancy within 18 months of the effective date of this chapter. A certificate of occupancy shall be considered evidence of the legal existence of a lawful nonconforming use as contrasted to an illegal use and violation of this chapter.

(Ord. 671, passed 4-15-86)

      (1)   Appeals to the Board can be taken by any person aggrieved by an officer, department, or board or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within 15 days after the decision has been rendered by the administrative officer, by filing with the Officer from whom the appeal is taken and with the Board, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed was taken.

      (2)   At a public hearing relative to any appeal or variance, any interested party may appear in person or by agent of attorney. The burden of proof shall be on the applicant to establish the necessary facts to warrant favorable action of the Board of Adjustments on any appeal.

      (1)   To hear and decide appeals when it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter. The Board must find the following in order to grant an appeal:

         (a)   That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map.

         (b)   That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated.

         (c)   The decision of the Board must be such as will be in the best interest of the community and consistent with the spirit and interest of this chapter.

      (2)   To initiate, on its motion or otherwise, action to bring about the vacation and demolition of a nonconforming structure which is deemed to be obsolete, dilapidated or substandard or the discontinuance of a non-conforming use under any plan whereby full value of the structure or use can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this chapter.

      (3)   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 said law will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. The term "variance" shall mean a deviation from the literal provisions of the zoning ordinance which is granted by the Board when strict conformity to the zoning ordinance would cause an unnecessary hardship because of circumstances unique to the property on which the variance is granted. Except as otherwise prohibited under division (F) hereto, the Board is empowered to authorize a variance from a requirement of the zoning ordinance when the Board finds that all of the following conditions have been met:

         (a)   That the granting of the variance will not be contrary to the public interest; and

         (b)   That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions; and

         (c)   That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. The applicant shall have the burden of proving to the Board that the foregoing conditions have been met.

      (4)   To authorize special exceptions as specified in § 155.082.

      (1)   That the variance or special exception was obtained or extended by fraud or deception.

      (2)   That one or more of the conditions imposed by the Board in granting such variance or special exception has not been complied with or has been violated.

      (3)   That the variance or special exception although granted in accordance with all requirements hereof, has caused a nuisance or is otherwise detrimental to public health, safety and welfare.

      (4)   An action to revoke or modify a previously granted variance or special exception may be initiated by order of the Board, or the person who obtained the variance or special exception.

      (5)   The Board of Adjustments shall hear a request for the revocation or modification of a variance or special exception in accordance with the same notification and hearing procedures established for the original variances or special exception.

(Ord. 671, passed 4-15-86)

      (1)   To make studies and project plans for the improvement of the city, with a view toward its future development and extension, and to recommend to the City Council all matters for the development and advancement of the city's facilities, layout and appearance, and to perform all duties imposed upon the city Planning and Zoning Commission by the Statutes of the State.

      (2)   To make plans and maps of the whole or any portion of the city and of land outside the city located within one mile of the city which, in the opinion of the Planning and Zoning Commission, bears a relation to the planning of the city, and to make changes in, additions to and extensions of such plans or maps when it deems same advisable.

      (3)   To assist all other municipal and governmental agencies, and especially the City Council, in formulating and executing proper plans of municipal development.

      (4)   To plan and recommend the location, plan, and extent of city alleyways, viaducts, bridges, subways, parkways, parks, playgrounds, airports, automobile parking places and other public properties, and public utilities, including bus terminals, railroads, railroad depots, and terminals, whether publicly or privately owned, for water, lights, sanitation, sewerage disposal, drainage, flood control, communication, marketing, and shipping facilities, power and other purposes, and for the removal, relocation, widening, extension, narrowing, vacation, abandonment or change of use of any of the foregoing public places, works, buildings, facilities, or utilities.

      (5)   To select and recommend to the City Council routes of streets, avenues and boulevards, and particularly to investigate and recommend the opening, widening, or abandonment of streets, avenues, boulevards, and alleys or the changing thereof to conform with the city's system, present and future, of boulevards, streets, avenues, alleyways, parks and parkways.

      (6)   To investigate, consider and report to the City Council upon the layout or platting of new subdivisions of the city or of property situated within one mile of the city limits, and to approve all plans, plats, or replats of additions within the city limits, or within one mile of the city limits.

      (7)   To recommend to the City Council for adoption and promulgation rules, regulations, terms and conditions governing plats and subdivision of land within the corporate limits of the city to promote the health, safety, morals and general welfare of the community, and the safe, orderly and healthful development of such community.

      (8)   To recommend plans to the City Council for improving, developing, expanding, bayous and streams, river front and yacht basins in or adjoining the city, and to cooperate with the City Council and other agencies of the city in devising, establishing, locating, improving, selecting, expanding and maintaining the public parks, parkways, playgrounds and places for public recreation.

      (9)   To aid and assist the City Council by recommending plans for the development of civic centers.

      (10)   To recommend the boundaries of the various districts or zones, to recommend appropriate regulations to be enforced therein, to make their preliminary report as to such zoning districts and regulations and to hold a public hearing or public hearings on the same before submitting a final report, and to submit a final report to the City Council and to perform all other duties and exercise all other powers conferred upon it by the statutes of the State of Texas.

      (11)   To suggest plans for clearing the city of slums and blighted areas.

(Ord. 671, passed 4-15-86)

      (1)   Amend, supplement, or change by ordinance the zoning classification of any property or the regulations herein established or issue or revoke specific use permits; or

      (2)   Issue or revoke specific use permits, following the receipt of a report from the Planning and Zoning Commission on any application for a specific use permit, the Council may:

         (a)   Authorize the issuance of the permit.

         (b)   Attach conditions relating to use limits, duration of the permit, time of operation, or other appropriate conditions to the proposed permit and then authorize its issuance.

         (c)   If the Council approves a specific use permit that authorizes specialized construction of improvements that may only be utilized under the terms of the specific use permit, the Council will not consider revocation of the permit unless evidence is presented showing that the property owner/operator is in direct and knowing violation of a specific performance condition attached to the specific use permit when issued.

         (d)   The Council may consider the revocation of any specific use permit if after a properly noticed hearing in which any interested party has an opportunity to present evidence and be heard, the Council makes a determination that a performance condition attached to the original permit has been violated by the owner/operator of the permitted activity, or if the original permit was issued with an expressly stated condition that the permit was for a limited period of time and was subject to periodic review to determine impact on adjoining properties or activities. If a permit is issued for a limited duration, the applicant undertakes the permitted activity with the knowledge that the permit may be revoked or not renewed by future Council action.

         (e)   Specific use permits issued for a limited time duration may be extended for additional increments of time following a properly noticed hearing.

         (f)   All specific use permits shall be approved, conditioned, modified or revoked following a public hearing in a single meeting action of the City Council. Specific use permits do not constitute a change in zoning and, therefore, do not proceed through a three reading ordinance amendment requirement as would be required for a change in zoning classification.

(Ord. 671, passed 4-15-86)

      (1)   Identify and catalog buildings, land, areas, and districts of historical, architectural, archaeological or cultural value, along with statements of fact which verify their significance;

      (2)   Identify criteria to be used in determining whether to grant or deny Certificates of Approval for proposed alterations to the exterior of a designated historic landmark;

      (3)   Identify guidelines to be used in determination of whether to grant or deny Certificates of Approval for proposed alterations to the exterior of a designated historic landmark;

      (4)   Formulate a program for private and public action which will state the role of various agencies in the city for preservation of historic landmarks;

      (5)   Suggest sources of funds for preservation and restoration activities and for acquisitions, to include federal, state, municipal, private and foundation sources; and

      (6)   Recommend incentives for preservation.

   (E)   The preservation plan shall be presented to the City Planning and Zoning Commission.

   (F)   The Historic Landmark Commission shall recommend to the City Planning and Zoning Commission that certain buildings, land areas, and districts in the city be designated as historic landmarks. Each recommendation shall include:

      (1)   Those premises, lots, or tracts to be designated;

      (2)   Any additional uses to be permitted in the specific "H" Historic Landmark Overlay District; and

      (3)   Specific criteria for the required preservation of the exteriors of the premises within the designated sub-district.

   (G)   If the Historic Landmark Commission finds that certain buildings, land, areas or districts cannot be preserved without acquisition, the Commission shall recommend to the City Planning and Zoning Commission that the fee or a lesser interest in the property be acquired by gift, or purchase, using funds available for preservation or restoration.

   (H)   Where there are conditions under which the required preservation of an historic landmark would cause undue hardship to the owner or owners, use changes may be recommended by the Commission. Such changes shall be in keeping with the spirit and intent of § 155.069.

   (I)   Periodically the Commission shall review the status of designated Historic Landmark Overlay Districts and include in the Commission's minutes a report of such review.

   (J)   The designation of a Historic Landmark Overlay District may be amended or removed using the procedure provided in § 155.069(L).

(Ord. 671, passed 4-15-86)

      (1)   Nothing herein contained shall require any change in the plans, construction or designated use of a building actually under construction at the time of the passage of this chapter and which entire building shall be completed within one year from the date of the passage of this chapter.

      (2)   In the event construction drawings have been submitted for a building permit prior to the effective date of this chapter showing development proposed under terms of the prior ordinance, the Building Official may grant a permit for the development and construction based on the requirements of the previous ordinance and set a reasonable time limit for the completion of such development.

(Ord. 674, passed 4-15-86)