Within the districts established by this chapter or amendments thereto, there may exist lot/tracts, structures, uses of land and structures, and characteristics of use which were lawfully in existence and operating before this chapter was enacted, amended or otherwise made applicable to such lot/tracts, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this chapter to permit such nonconforming uses to continue, as long as the conditions within this division and other applicable sections of this chapter are met.

It is further the intent of this chapter that nonconforming uses shall not be enlarged upon, expanded or extended, and shall not be used as a basis for adding other structures or uses prohibited elsewhere in the same district.

Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.

Any use, platted lot/tract or structure which does not conform with the regulations of this chapter on May 27, 2004, except as expressly provided in subsection (c) of this section, shall be deemed a nonconforming use, platted lot/tract or structure provided that:

Any other use, platted lot/tract or structure which does not conform with the regulations of the zoning district in which it is located on May 27, 2004, and except as provided in subsection (c) of this section, shall be deemed to be in violation of this chapter, and the city shall be entitled to enforce fully the terms of this chapter with respect to such use, platted lot/tract or structure.

The following types of platted lot/tracts shall be deemed in conformance with the provisions of this chapter, notwithstanding the fact that such lot/tract does not meet the standards of this chapter in the district in which it is located:

A lot/tract of record that is nonconforming may be occupied by a single-family dwelling.

A nonconforming use or structure may continue to be used, operated or occupied in accordance with the terms of the zoning regulations by which it was established, or in the case of annexed property, in accordance with the regulations under which it was created.

A nonconforming structure occupied by a nonconforming use may be reoccupied by a conforming use, following abandonment of the nonconforming use.

If a nonconforming use or structure is abandoned, any future use of the premises shall be in conformity with the provisions of this chapter and with any other applicable city codes or ordinances that are in effect at the time the use is resumed or the structure is reoccupied.

A nonconforming use or structure shall be conclusively deemed “abandoned” in the following circumstances, irrespective of any intent of the property owner, in the following circumstances:

The use of a nonconforming structure that has a replacement cost of $2,000.00 or less, which does not conform to the provisions of this chapter, or any amendment thereto, shall be discontinued and the structure removed within six months following May 27, 2004.

If the use of any lot/tract, tract or property that does not have a building on it and that is used for open/outside storage as of May 27, 2004, is made nonconforming by this chapter, then such storage use shall cease within six months following the effective date of such ordinance. The lot/tract, tract or property shall be cleaned up and all trash, debris, stored items and vehicles, and other materials shall be removed from the premises such that the property is not a physical or visual nuisance to the public or to surrounding property owners.

A nonconforming use shall not be changed to another nonconforming use.

A nonconforming use may be changed to a conforming use; however, once such change is made, the use shall not be changed back to a nonconforming use.

A conforming use located in a nonconforming structure may be changed to another conforming use, but shall not be changed to a nonconforming use.

A nonconforming use may be extended throughout the structure in which it is located, except as set forth in section 30.02.035(c), provided that:

A nonconforming use occupying a structure shall not be extended to occupy land outside the structure.

A nonconforming use or structure shall not be enlarged, increased or extended to occupy a greater area of land than was occupied at the time the use or structure became nonconforming, except to provide additional off-street parking or loading areas required by this chapter.

If more than 60 percent of the total appraised value, as determined by the county central appraisal district, of a nonconforming structure is destroyed by fire, the elements, or some other cause, then the structure may be rebuilt only in conformity with the standards of this chapter.

If less than 60 percent of the total appraised value, as determined by the county central appraisal district, of a nonconforming structure is destroyed by fire, the elements, or some other cause, then the structure may be reconstructed as it was before the partial destruction but only to its original dimensions and floor area, and provided that such reconstruction is completed within six months following the event that caused the partial destruction. If reconstruction is delayed by contested insurance claims, litigation, or some other similar cause, then the six months reconstruction period may be extended, at the sole discretion of the city manager, or his designee. The denial of an extension is not subject to appeal.

If a nonconforming structure that is totally or partially destroyed was occupied by a nonconforming use at the time of such destruction, then the nonconforming use may be re-established subject to the limitations on expansion set forth in section 30.02.036.

Any conforming structure that is totally or partially destroyed shall be reconstructed only in conformity with the standards of this chapter.

Nothing in this chapter shall be construed to prohibit the upgrading, strengthening, repair or maintenance of any part of any structure, conforming or nonconforming, that is declared unsafe or uninhabitable by the proper authority, unless such repairs or maintenance exceeds 60 percent of the structure’s appraised value, as determined by the county central appraisal district. If the repairs exceed 60 percent of the structure’s appraisal value, the structure shall be demolished and may only be rebuilt in conformity with this chapter.

There is created, in accordance with V.T.C.A., Local Government Code ch. 211 and the home rule charter of the city, the “planning and zoning commission,” hereafter sometimes referred to as the “commission,” which shall consist of seven resident citizens, taxpayers and qualified voters of the city.

In addition to the seven regular members of the planning and zoning commission, [there shall be] two alternate members of the commission who serve in the absence of one or more regular members. At the beginning of each meeting the chairman shall select the alternate member who may serve and vote in the absence of one or more regular members of the commission.

Members or alternate members shall be nominated for appointment by the mayor or by a council member of the city, and each person so nominated shall be approved by a simple majority vote of the city council before becoming a member or alternate member of the commission.

All appointments to the planning and zoning commission shall serve as a member or alternate member of the commission for a term of two years or until removed from the commission by the city council. The city council may remove or replace any commission member or alternate member at any time by a simple majority vote of the full council. No member or alternate member shall serve on the planning and zoning commission for more than three consecutive terms, exclusive of any unexpired term to which the member or alternate member may have been appointed to fill due to a vacancy on the commission.

Any vacancy on the planning and zoning commission shall be filled for the remainder of the unexpired term via appointment by a simple majority vote of the city council.

Members and alternate members of the planning and zoning commission serve at will and may be removed from office at any time by a simple majority vote of the full city council either upon its own motion or upon recommendation of the planning and zoning commission. Failure to attend three consecutive scheduled meetings shall be deemed as neglect and cause for removal from office, unless such absences were due to unusual circumstances beyond the member’s control such as sickness of the member or someone within the member’s immediate family.

The members of the planning and zoning commission shall regularly attend meetings and public hearings of the commission, shall serve without compensation, and shall not hold any other office or position with the city while serving on the commission. The planning and zoning commission shall meet a minimum of once per month at a time established by the commission.

In January of each year, the planning and zoning commission shall elect from its members a chairman, vice-chairman and secretary to serve for one year beginning in that month. The planning and zoning commission secretary shall keep minutes of all meetings held by the planning and zoning commission as well as the full record of all recommendations made by the commission to the city council.

The planning and zoning commission shall have the power to make rules, regulations and bylaws for its own governance, which shall conform to those set forth by the city council, and such rules, regulations and bylaws shall be subject to approval by the city council. Such rules, regulations and bylaws shall include, among other items, provisions for:

A quorum shall consist of four voting commission members, and any issue to be voted upon shall be resolved by a majority of those members present.

Each commission member, including the presiding chairperson, shall be entitled to one vote on any question, if a quorum is present, unless prohibited under subsection (3) of this section.

If any member has a conflict of interest regarding any item on the commission’s agenda, he shall remove himself from the room and shall refrain from voting or discussion on the item for which a conflict exists.

The planning and zoning commission shall meet in the city hall building or in some other specified location as may be designated by the presiding chairperson and at such intervals as may be necessary to orderly and properly transact the business of the commission but not less than once each month.

Any meeting of the planning and zoning commission shall be open to the public and posted in accordance with state law. Minutes of all open meetings of the planning and zoning commission shall be kept and are public record.

The planning and zoning commission shall have all the rights, powers, privileges and authority as authorized and granted by and through the statutes of the state authorizing and granting cities the power of zoning and subdivision regulation as found in V.T.C.A., Local Government Code chs. 211 and 212 and the city charter, as amended.

The planning and zoning commission shall be an advisory body and adjunct to the city council, and shall make recommendations regarding amendments to the comprehensive plan, changes of zoning for real property, zoning and subdivision ordinance amendments, approval of plats of subdivisions, and other planning-related matters. The planning and zoning commission shall conduct a regular review of the city’s comprehensive plan and shall be prepared to make recommendations to the city council, as deemed necessary, to keep the city’s comprehensive plan current with changing conditions and trends and with the planning needs of the city. The planning and zoning commission shall also serve in an advisory capacity on any other planning-related matters in the city, including the periodic review of the city’s impact fee ordinances.

The board of adjustment shall consist of seven regular members, who shall be appointed by a simple majority vote of the full city council, and shall operate in accordance with V.T.C.A., Local Government Code secs. 211.008–211.011, as amended, and the home rule charter of the city.

The city council shall provide for the appointment of up to four alternate members to serve in the absence of one or more of the regular board members on an alternating basis such that all alternate members have equal opportunities to serve on the board.

Regular board members and alternate members shall serve for a term of two years, and expiration of terms shall be staggered so that an overlapping of terms occurs (for example, in any two-year period, the terms of two regular members and two alternate members shall expire during one year, and the terms of three regular members and two alternate members shall expire during the second year). No member shall serve on the board of adjustment for more than three completed consecutive terms, exclusive of any unexpired term to which the member may have been appointed to fill due to vacancy on the board.

Any vacancy on the board of adjustment, both regular and alternate members, shall be filled for the unexpired term via appointment by a simple majority vote of the city council for the remainder of the term.

Members of the board of adjustment may be removed from office for cause, and after a public hearing, by a simple majority vote of the full city council. Failure to attend three consecutive scheduled meetings shall be deemed as neglect and cause for removal from office, unless such absences were due to unusual circumstances beyond the member’s control such as sickness of the member or someone within the member’s immediate family.

The members of the board of adjustment, and alternate members, as needed, shall regularly attend meetings and public hearings of the board, shall serve without compensation, and shall not hold any other office or position with the city while serving on the board.

The board of adjustment shall elect a chairperson and a vice-chairperson from among its membership, and each officer shall hold office for one year or until replaced by a simple majority vote of the full board for any reason. The city manager’s designee shall serve as secretary to the board of adjustment, who shall keep minutes of all meetings held by the board. The secretary shall also set up and maintain a separate file for each application for hearing by the board of adjustment, and shall record therein the names and addresses of all persons/entities to whom notices are mailed, including the date of mailing and the person by whom such notices were delivered to the post office. All records and files herein provided for shall be permanent and official records of the city. The secretary shall also immediately notify in writing the city council, planning and zoning commission, and the city manager of each decision rendered by the board of adjustment in the conduct of its duties.

The board of adjustment shall have the power to make the rules, regulations and bylaws for its own governance, which shall conform as nearly as possible to those rules, regulations and bylaws governing the city council, and the board’s rules, regulations and bylaws shall be subject to approval by the city council.

The board of adjustment shall have the authority, subject to the standards established in V.T.C.A., Local Government Code secs. 211.008–211.011 and those established herein, to exercise powers and to perform duties including the following:

In exercising its authority under subsection (a)(1) of this section, the board of adjustment may reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose the board has the same authority as the administrative official.

The concurring vote of at least 75 percent, or six members, of the full board of adjustment is necessary to:

The board of adjustment may not grant a variance authorizing a use other than those permitted in the district for which the variance is sought, except as provided in section 30.02.117.

The board of adjustment shall have no power to grant or modify specific use permits authorized under article 30.05 of this chapter.

The board of adjustment shall have no power to grant a zoning amendment. In the event that a request for a zoning amendment is pending before the planning and zoning commission or the city council, the board shall neither hear nor grant any variances with respect to the subject property until final disposition of the zoning amendment by the commission and the city council.

The board of adjustment shall not grant a variance for any parcel of property or portion thereof upon which a site plan, construction plat or final plat, where required, is pending on the agenda of the planning and zoning commission and, where applicable, by the city council. All administrative and procedural remedies available to the applicant shall have been exhausted prior to hearing by the board of adjustment.

The board of adjustment may authorize a variance from these regulations when, in its opinion, unnecessary hardship will result from requiring strict compliance with the terms of this chapter. For example, if the subject property substantially differs from other similarly zoned land parcels by being of such restricted area, shape or slope so that it cannot reasonably be developed in the same manner as other similarly zoned land parcels, then a variance of the building setback, lot/tract width or depth, or parking requirements may be granted. In granting a variance, the board of adjustment shall prescribe only conditions that it deems necessary for, or desirable to, the public interest. In making the findings hereinbelow required, the board of adjustment shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work within the proposed use, and the probable effect such variance will have upon traffic conditions and upon the public health, safety, convenience and welfare of the community.

No variance shall be granted without providing public notice and holding a public hearing on the variance request in accordance with section 30.02.118 [30.02.119] and the board of adjustment shall make findings:

In order to grant a variance, the board of adjustment must make written findings that an unnecessary hardship exists, using the following criteria:

A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely upon economic gain or loss, nor shall it permit any person the privilege of developing a parcel of land not permitted by this chapter on other parcels of land in the particular zoning district. No variance may be granted which results in unnecessary hardship upon another parcel of land.

The board of adjustments may consider the following as grounds to determine whether compliance with the ordinance as applied to a structure that is the subject of the appeal would result in unnecessary hardship:

Expansion of the land area of a nonconforming use, up to a maximum of ten percent.

Expansion of the gross floor area of a nonconforming structure, up to a maximum of ten percent, provided that such expansion does not decrease any existing setback and does not encroach onto adjacent property.

Change from one nonconforming use to another, reconstruction of a nonconforming structure that has been totally destroyed, or resumption of a nonconforming use previously abandoned, only upon a finding that the failure to grant the special exception deprives the property owner of substantially all use or economic value of the land.

In granting special exceptions under this section 30.02.117, the board of adjustment may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, safety and general welfare, including but not limited to conditions specifying the period during which the nonconforming use may continue to operate or exist before being brought into conformance with the standards of this chapter.

The board of adjustment may authorize a special exception for the enlargement, expansion or repair of a nonconforming structure if such enlargement, expansion or repair will improve the condition of the structure, if it will bring the structure closer into compliance with this chapter, or if it will otherwise improve or enhance public health, safety or welfare.

In addition to the authorization of variances and special exceptions from the terms of this chapter, the board of adjustment shall have the authority to hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this chapter. The board of adjustment may reverse or affirm, in whole or in part, or may modify the administrative official’s order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose, the board has the same authority as the administrative official.

Any of the following persons may appeal to the board of adjustment a decision made by an administrative official:

The appellant must file with the board of adjustment and the official from whom the appeal is taken a written notice of appeal specifying the grounds for the appeal. The notice of appeal shall be filed within 15 calendar days after the decision has been rendered. Upon receiving the notice, the official from whom the appeal is taken shall immediately transmit to the board of adjustment all papers constituting the record of action that is appealed. An appeal stays all proceedings in furtherance of the action that is appealed. The board of adjustment may hold an expedited hearing in the event the official, from whom the appeal is taken, certifies in writing to the board of adjustment facts supporting the official’s opinion that a stay would cause imminent peril to life or property. The appellant party may appear at the appeal hearing in person, by agent or through an attorney. The board of adjustment shall decide the appeal within 30 calendar days after the written appeal request was received. The board of adjustment may reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision or determination from which an appeal is taken, and may make the correct order, requirement, decision or determination.

A member of the city council may not bring an appeal to the board of adjustment.

An application for a variance, special exception or appeal by the board of adjustment shall be made in writing using forms prescribed by the city, and shall be accompanied by an application fee, as set forth in the currently adopted city fee schedule as printed in appendix A to this code, a site plan, and any other additional information as may be requested in order to properly review the application. Such information may include, but is not limited to, plat plans, site building plans, photographs, topographic contour maps, and other similar documents. All drawings must be to scale.

The city manager, or his designee, shall visit the site where the application for the proposed variance or special exception would apply and the surrounding area, and shall report his findings to the board of adjustment.

The board of adjustment shall hold a public hearing for consideration of the variance or special exception request no later than 45 calendar days after the date the application for action, or an appeal, is filed. Written notice of the public hearing for a variance or special exception shall be provided to all property owners, via U.S. mail, within 200 feet of the affected property at least ten calendar days prior to the public hearing. A courtesy notice shall also be sent to properties located outside the 200 feet but within 500 feet of the property for which the variance is sought. Failure on the part of property owners to receive a notice, whose property is located in excess of 200 feet of the property being the subject of such hearing, shall not invalidate the scheduled public hearing process. Notice shall also be published in the official local newspaper before the 15th calendar day prior to the public hearing.

The board of adjustment shall not grant a variance unless it finds, based upon compelling evidence provided by the applicant, that each of the conditions in section 30.02.116 has been satisfied. The board of adjustment may impose such conditions, limitations and safeguards as it deems appropriate upon the granting of any variance or special exception as are necessary to protect the public health, safety, convenience and welfare. Violation of any such condition, limitation or safeguard shall constitute a violation of this chapter.

The applicant bears the burden of proof in establishing the facts that may justify a variance, a special exception, an appeal, or any other action in his favor by the board of adjustment.

No appeal to the board of adjustment for the same or a related variance or special exception on the same piece of property shall be allowed for a period of six months following an unfavorable ruling by the board unless other property in the immediate vicinity has, within the six-month waiting period, been changed or acted upon by the board or the city council so as to alter the facts and conditions upon which the previous unfavorable board action was based. Such changes of circumstances shall permit the rehearing of a variance or special exception request by the board of adjustment, but such circumstances shall in no way have any force in law to compel the board, after a hearing on the matter, to grant a subsequent variance or special exception request. Any subsequent variance or special exception request shall be considered entirely on its own merits and on the specific circumstances related to the subject property.

Upon a favorable board of adjustment action on a variance or special exception request, the applicant shall apply for a building permit or a certificate of occupancy, as applicable to his particular situation, within three months following the date of board action, unless the board specifies a longer time period in the minutes of its action. If the applicant fails to apply for a building permit or certificate of occupancy, as applicable, within the three-month time frame, then the special exception shall be deemed to have been waived, and all rights thereunder shall be terminated. Such termination and waiver shall be without prejudice to a subsequent appeal, and such subsequent appeal shall be subject to the same regulations and requirements for hearing as herein specified for the original variance or special exception request.

The city declares the enactment of these regulations governing the use and development of land, buildings, and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:

In making a determination regarding a requested zoning change, the planning and zoning commission and the city council shall consider the following factors:

The city council may from time to time, after receiving a recommendation thereon by the planning and zoning commission and after public hearings required by law, amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts specified on the zoning map. Any amendment to the text of this chapter or to zoning district boundaries may be ordered for consideration by the city council, may be initiated by the planning and zoning commission, or may be requested by the owner of real property, or his authorized representative.

Consideration for a change in any zoning district boundary line or special zoning regulation may be initiated only by the property owner or his authorized agent (proof of such authorization must be submitted with the zoning application, per section 30.02.153), or by the planning and zoning commission or the city council on its own motion when it finds that public benefit will be derived from consideration of such matter. In the event the ownership stated on an application and that shown in city records are different, the applicant shall submit proof of ownership and verification that he is acting as an authorized agent for the property owner.

No person who owes delinquent taxes, delinquent paving assessments, impact fees, or any other delinquent debts or obligations to the city, and which are directly attributable to a piece of property requested for zoning shall be allowed to submit a zoning request until the taxes, assessments, debts, or obligations directly attributable to said property and owned by the owner or previous owner thereof shall have been first fully discharged by payment, or until an arrangement satisfactory to the city has been made for the payment of such debts or obligations. It shall be the applicant’s responsibility to provide evidence or proof that all taxes have been paid.

Each application for zoning, rezoning, specific use permit (SUP), or for a text amendment to a provision of this chapter, shall be made in writing on an application form available in the city manager's or their designee's office. The application shall be made in accordance with the adopted development submittal schedule maintained by the city manager's designee, and shall be accompanied by payment of the appropriate fee as established in the currently adopted city fee schedule as printed in appendix A to this code. An accurate metes and bounds description of the subject property, or other suitable legal description, a survey exhibit, and other appropriate exhibits such as: site plans, maps, architectural elevations, information about proposed uses, etc., that are determined necessary by the city manager, or their designee, shall also be submitted with the zoning application in order to ensure that the request is understood. A concept plan, as prescribed in division 7 of this article, shall also be submitted along with any zoning request involving a specific use permit (SUP) request or the formation of a planned development (PD) district.

All zoning change requests involving real property shall be accompanied by a notarized statement verifying land ownership and, if applicable, authorization of the land owner's agent to file the zoning change request.

Official submission date and completeness of application:

Before taking action on any proposed amendment, supplement, or change, the Planning and Zoning Commission shall hold a public hearing on any application for any amendment, supplement, or change prior to making its recommendation and report to the City Council.

A public hearing shall be held by the City Council before adopting any proposed amendment, supplement, or change.

A protest of a proposed change to a zoning regulation or district boundary, other than a proposed comprehensive zoning change, must be written and signed by the owners of:

If a proposed change to a regulation or district boundary is protested in accordance with subsection (d) above, the proposed change must receive, in order to take effect, the affirmative vote of at least: three-fourths of all members of the City Council for a protest described by subsection (d)(1) or (2); or a majority of all members of the City Council for a protest described by subsection (d)(3).

The planning and zoning commission shall perform its duties in accordance with division 3 of this article and with applicable provisions in this code.

The planning and zoning commission shall hold a public hearing on a zoning or rezoning request. After all public input has been received and the public hearing closed, the commission shall make its recommendations on the proposed zoning request and concept plan, if applicable, stating its findings, its overall evaluation of the request, and its assessment regarding how the request relates to the city’s comprehensive plan. The planning and zoning commission may, on its own motion or at the applicant’s request, defer its decision/recommendation for not more than 90 calendar days from the time the public hearing was first opened, or until it has had an opportunity to consider other information or proposed modifications to the request which may have a direct bearing thereon. If the commission elects to defer the request, such deferment shall specifically state the time period of the deferment by citing the meeting date whereon the request will reappear on the commission’s agenda, and further notice in the newspaper and to surrounding property owners shall not be required.

When the planning and zoning commission is ready to act upon the zoning request, it may recommend approval of the request as it was submitted by the applicant, approval of the request subject to certain conditions or disapproval of the request. If the planning and zoning commission’s recommendation is to approve the request, either as submitted or with additional conditions, then the request will be automatically forwarded to the city council for a second public hearing thereon, as provided in section 30.02.157.

If the planning and zoning commission recommends denial of the zoning change request, it shall provide reasons to the applicant for the denial, if requested by the applicant. The planning and zoning chairperson shall inform the applicant of the right to receive reasons for the denial.

After a public hearing is held before the city council regarding the zoning application, the city council may approve the request in whole or in part, deny the request in whole or in part, defer the application to a future meeting, specifically citing the city council meeting to which it is deferred, or it may refer the application back to the planning and zoning commission for further study.

Notice of the city council public hearing for a zoning, rezoning or text amendment request to this chapter shall be given in the same manner as that for the public hearing before the planning and zoning commission as required in section 30.02.154.

For zoning and rezoning requests involving real property, a favorable vote of three-fourths of all members of the city council shall be required to approve any change in zoning when written objections are received from 20 percent or more of the land area covered by the proposed change, or of the land area within 200 feet of the subject property, in accordance with the provisions of V.T.C.A., Local Government Code section 211.006, commonly referred to as the “20 percent rule.” If a protest against such proposed zoning change has been filed with the city secretary, duly signed and acknowledged by the owners of 20 percent or more, either of the area of the land included in such a proposed change or those owners of property immediately adjacent to the subject property and extending 200 feet therefrom, such zoning change shall not become effective except by a three-fourths vote of the full city council.

The city council may hold a joint public hearing on a zoning, rezoning or text amendment request to this chapter along with the planning and zoning commission, but the city council shall not take action on the request until it has received a final recommendation from the commission. Notification for the city council’s public hearing, whether held separately or jointly with the commission, may be accomplished simultaneously with the public notification given for the public hearing to be held before the planning and zoning commission.

Upon approval of the zoning request by the city council, the applicant shall submit all related material with revisions, if necessary, to the city manager, or his designee, for the preparation of the amending ordinance. The zoning request shall be deemed approved at the time the city council takes action to approve the request as submitted or with certain conditions. However, the amending ordinance will not be prepared for adoption until a correct description and all required exhibits have been submitted to the city manager, or his designee, and the amending ordinance shall not be formally adopted until it is adopted by the city council, signed by the mayor, and attested by the city secretary.

The city manager, or his authorized representative, shall administer and enforce the provisions of this chapter. If the city manager, or his authorized representative finds upon his own personal observation, or upon receipt of a complaint, that the provisions of this chapter are being violated, he shall immediately investigate and, when necessary, give written notice to the person responsible to cease or correct such violation immediately. Notice shall be delivered in person or by certified mail to the violator or to any person owning or leasing a property where the violation is occurring. The city manager, or his authorized representative, shall have the right to enter upon any premises at any reasonable time in conformance with local and state laws, for the purpose of making inspections of buildings or premises that may be necessary to carry out the duties in the enforcement of this chapter.

Whenever any building or construction work is being done contrary to the provisions of this chapter, the city manager, or his authorized representative, shall have the authority to order the work stopped by notice in writing served on the property owner or the contractor doing the work or causing such work to be done, and any such person shall forthwith stop such work until authorized in writing by the city to proceed with such work. Failure to immediately stop work as provided herein shall constitute a violation of this chapter, in accordance with section 30.08.003 (penalty for violations), and may incur penalties for such violation.

Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any zoning or development application or on any appeal.

The city council, upon the recommendation of the planning and zoning commission, shall determine and adopt a fee schedule for the purpose of recovering a portion of the administrative costs associated with processing zoning and development requests, including public hearings, that are called for in this chapter, as set forth in the currently adopted city fee schedule as printed in appendix A to this code, for the city’s filing fee schedule. Such fees shall be paid by the applicant and shall not be designed to in any way restrict the applicant’s ability to seek and receive a hearing or to generate revenue for other than recovery of actual administrative costs incurred by the city in the review and processing of applications. Immediately upon receipt of a complete submission for a zoning change or other development plan approval, in accordance with section 30.02.153(c), the city manager, or his designee, shall issue a fee receipt and shall create a case file as a permanent city record thereof.

A certificate of occupancy shall be required for any of the following:

No such use, or change of use, shall take place until a certificate of occupancy therefor shall have been issued by the city manager or his designee. The application fee for a certificate of occupancy shall be as set forth in the currently adopted city fee schedule as printed in appendix A to this code.

A record of all certificates of occupancy shall be kept on file in the city manager’s office, or his designee’s office, and copies shall be furnished upon request to any person in accordance with state laws governing public records.

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 after the city manager, or his designee, orders the building or structure inspected and finds no violations of the provisions of this chapter or other regulations which are enforced by the city manager, or his designee. Said certificate shall be issued by the city manager, or his designee, after the erection or alteration of such building or part thereof has been completed in conformity with all applicable provisions of this chapter.

Written application for a certificate of occupancy for the use of or a change in the use of a building, or for a change from a nonconforming use to a conforming use, shall be made to the city manager, or his designee. If the proposed use is found to be in conformity with the provisions of this chapter, the certificate of occupancy shall be issued after the application for same has been made and all required inspections are completed and approved by the city manager or his designee.

Every certificate of occupancy shall contain the following:

The certificate of occupancy for all commercial buildings shall be posted in a conspicuous place on the premises and shall not be removed except by the city manager, or his designee.

The city manager, or his designee, may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this chapter whenever the certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provision of this chapter or the building code and other codes adopted by the city, and any amendments thereto.

Approval of a Concept Plan shall be required in connection with any request for zoning to any zoning change in the city except for specific use permits (SUP) and amendments to planned development districts whereby a concept plan exists, and unless such zoning request is upon the application of the city. If a planned development is amended and no concept plan exists, a concept plan shall be required to be created and established.

Prior to construction on a site, a site plan review and approval shall be required for all nonresidential, mixed-use, townhouse, single-family attached, and multifamily residential projects and structures, and for any planned development district (to fulfill what is shown on an adopted concept plan) or specific use permit whereby new construction is to occur as a result of this SUP. Authorized nonresidential structures within a residential zoning district are subject to the site plan review and approval requirements of this division.

No building permit shall be issued for any of the above developments until a site plan and all other required engineering/construction plans are first approved by the city. No certificate of occupancy shall be issued until all construction and development conforms to the site plan and engineering/construction plans, as approved by the city.

An application form, provided by the city, with notarized signatures of the owner or their designated representative if the applicant is not the owner of the subject property.

Appropriate filing fee, as set forth in the currently adopted city fee schedule.

Verification that all taxes and assessments on the subject property have been paid (see section 30.02.225).

Copies of the concept plan or site plan and all supporting documents described herein with the number and size of submissions to be determined by the administrative official. Digital files may be permitted in lieu of physical copies with approval from the administrative official.

Submissions shall be in accordance with the adopted submittal calendar maintained by the community development department.

Concept plan and site plan applications which do not include all required information and materials, as outlined in this division and per other city development review policies which may change from time to time, will be considered incomplete, and shall not be accepted for official submission by the city; therefore, the application shall not be scheduled on a planning and zoning commission agenda until the proper information is provided to city staff.

The applicants should avail themselves of the advice and assistance of the city officials, and should consult early and informally with the city manager, the director of community and economic development, the public works director, the city planner, the city building official, the city fire marshal, the city engineer, and other applicable administrative officers before preparing a concept plan, if required, or a site plan in order to save time, money and to avoid potential unnecessary delays. Prior to formal application for approval of any concept plan or site plan, the applicant shall request and attend a pre-application conference with the director, the city planner, the city building official, the city fire marshal, the city engineer, the public works director, and any other pertinent city officials in order to become familiar with the city's development regulations and the development process. At the pre-application conference, the developer may be represented by their land planner, engineer and/or surveyor.

Upon official submission of a complete application for concept plan or site plan approval, the city shall commence technical review of the development proposal by forwarding a copy of the application to development review team members. Development review team members shall review the application and shall ascertain its compliance with these and other applicable city regulations. Following city staff review of the plan and supporting documents, and following discussions with the applicant on any revisions deemed advisable and the kind and extent of improvements to be installed, the applicant shall resubmit additional copies of the corrected plan to the director no later than seven calendar days prior to the planning and zoning commission meeting. Failure to resubmit corrected copies of the plan back to the city no later than seven days before the planning and zoning commission meeting shall be cause for the director to forward the plan application to the commission as it was originally submitted rather than the corrected version. If, upon resubmission of the corrected plan to the city, the director determines that the application is still incomplete or not correct, the plan application shall be subject to denial.

All concept plan and site plan applications shall be reviewed by the planning and zoning commission, and if in conformance with the provisions of this chapter and all other applicable regulations and codes of the city, they shall then be considered for approval by the city council in conformance with the procedures set out in section 30.02.153 and the following: The director shall schedule consideration of the concept plan or site plan on the regular (or special) agenda of the planning and zoning commission in conformance with the adopted submittal calendar. The planning and zoning commission shall review the concept plan or site plan and shall recommend approval, approval subject to certain conditions, or disapproval of the concept plan or site plan. If the planning and zoning commission recommends approval of the plan, with or without conditions, it will be forwarded to the city council for consideration. If the planning and zoning commission recommends disapproval of a plan application, the commission shall state such disapproval and the reasons therefor. The applicant or property owner may appeal such a decision to the city council by filing a written notice of appeal in the office of the director, no later than ten calendar days after the date upon which the commission denied the application. The notice of appeal shall set forth in clear and concise fashion the basis for the appeal. The city council shall consider the appeal at a public meeting no later than 30 calendar days after the date upon which the notice of appeal was filed. The city council may change the decision of the commission only by a three-quarters vote of the full city council. The city council may also, where appropriate, remand the concept plan or site plan application back to the commission for reconsideration if it believes that there is a compelling reason to do so (such as the introduction of significant new facts or testimony, etc.). The city council shall determine final approval or disapproval of all concept plan or site plan applications.

On approval of a site plan by the city council, the city staff as appropriate may release all necessary permits or certificates authorized in accordance with all adopted requirements and processes of the city.