The interpretation and application of the regulations and provisions of this ordinance by the city shall be reasonable and uniformly applied to all property within the jurisdiction of the City of Nassau Bay, Texas.

(Ord. No. O2013-712, Exh. B, 8-12-13)

(A)

Types of applications. The application procedures and requirements in this article, and in the supplemental Appendix B, Application Submittal, shall apply to the following:

(1)

District boundary changes (rezoning, including planned unit developments, or PUDs).

(2)

Zoning regulation changes (ordinance amendment).

(3)

Specific use permits.

(4)

Zoning variance requests.

(5)

Site plans.

(6)

Administrative appeals.

(7)

Administrative interpretations.

(B)

Pre-application conference. The purpose of a pre-application conference with city staff is to familiarize the applicant with the development review and approval process and applicable provisions of this and other city ordinances that are required to permit the proposed development.

(1)

When required. A pre-application conference is required for all applications for development approvals that require public hearings, unless waived by the administrative official as provided in subsection (2), below. A pre-application conference is optional for all other application types. Pre-application conferences do not apply to administrative appeals.

(a)

Planned unit developments. Prior to filing an application for PUD approval, the prospective applicant shall participate in a pre-application conference with the administrative official and other city staff. At the conference, the general outline of the PUD proposal, evidenced schematically by sketch plans, shall be presented by the applicant. The applicant may also request pre-application reviews or workshops with the planning commission to allow for informal discussion of the potential parameters contained within the proposed PUD, prior to the formal application.

(2)

Authority of administrative official.

(a)

The administrative official may establish a regular schedule for conducting pre-application conferences.

(b)

The administrative official may provide for conducting pre-application conferences in person, by telephone or by internet-based conferencing.

(c)

The administrative official may waive a pre-application conference if the official and the applicant agree that such conference is unnecessary to serve the purposes set out in subsection (A), above.

(d)

The administrative official may recommend that an applicant attend a planning commission meeting for additional pre-application discussions. An applicant also may request such a discussion opportunity with the commission.

(C)

Application forms and fees. Every application for an approval required by this ordinance shall be submitted on a form furnished by the administrative official and shall include the corresponding application fee that is established by the city council from time to time. Application forms and associated submission requirements shall include the specific information that is necessary to process each type of application as itemized in Appendix B, Application Submittal. The specific information requirements shall be established and periodically revised by the administrative official to facilitate evaluation of applications for compliance with the standards of this and other city ordinances. No application or fee shall be required when an amendment to the official zoning map or the text of this ordinance is initiated by a city decision-making body or the administrative official.

(1)

Applicant. Unless otherwise specified in this ordinance, applications for review and approval may be initiated by the owner of the property that is the subject of the application or the owner's authorized agent. When an authorized agent files an application under this ordinance on behalf of a property owner, the agent shall provide written documentation that the owner of the property has authorized the filing of the application. This requirement shall be satisfied upon the submittal of an application bearing the owner's name and signature, as verified by a notary public.

(2)

Multiple and non-contiguous properties. All properties within a single application must be contiguous and immediately adjacent to one another or be the subject of separate applications and filing fees.

(3)

Representation of facts. It shall be unlawful for any person to knowingly or willfully misrepresent or fail to include any information required by this ordinance on any application. If development is approved based on an application that contained misrepresentations or failed to contain material facts required by the application, then the city shall place a stay or stop work order on the development or use. The stay or stop work order shall remain in place until such time that the approval body receives the required information and is satisfied as to the appropriateness of the approval granted.

(4)

Waiver of submittal requirements. The administrative official may waive certain submittal requirements in order to tailor the application to focus on the information necessary to review a particular case. The official may waive such requirement where he finds that the project size, complexity, anticipated impacts or other factors associated with the proposed development clearly, in the official's sole judgment, support such waiver.

(5)

Additional requirements. The administrative official or any director of the city, a service or utility provider, or county which has authority to review and/or approve may also add requirements to the submittal when it is reasonably foreseeable that additional information will be needed to resolve questions of compliance with the requirements of this ordinance or other policies or plans of the city, any service or utility provider, or county that is associated with or may be affected by the project.

(D)

Application completeness review. All permit and approval applications shall be reviewed for completeness by the administrative official. No application shall be deemed complete unless all of the information specified in Appendix B, Application Submittal, is included.

(1)

Incomplete applications.

(a)

Incomplete applications shall be returned to the applicant, along with a written explanation that describes in general terms the materials that must be submitted in order to complete the application.

(b)

An application that does not include the applicable processing fee shall not be considered complete.

(c)

Incomplete applications are not considered filed.

(2)

Complete applications. Complete applications shall be processed according to the applicable procedures of this ordinance.

(3)

Waiver of application requirements. The administrative official may waive application requirements, except application fees, if it is obvious that they do not relate to the processing of the specific application for which the waiver is requested.

(Ord. No. O2013-712, Exh. B, 8-12-13)

(A)

Upon determination that an application is complete, the administrative official shall cause the application to be reviewed for technical compliance with all applicable requirements of this and other applicable city ordinances.

(B)

Recommended revisions.

(1)

The administrative official shall provide comments from city staff to the applicant, who shall revise and resubmit materials with appropriate changes within the time required by section 5-400, Termination of stale applications.

(2)

The resubmittal shall not require an application fee unless both of the following conditions are met:

(a)

The revisions are inappropriate or incomplete; and

(b)

Repeated failure to address comments requires more than three (3) rounds of revisions.

(C)

Administrative recommendations. Promptly after the administrative official deems an application complete and responsive to city staff comments (and, where applicable, comments from referral agencies):

(1)

If the application is for a public meeting or public hearing approval, the administrative official shall make a recommendation regarding the application and forward the recommendation to the next development review body that will consider it for further recommendation or approval.

(D)

Meeting logistics.

(1)

If the application requires only a public meeting (not hearing) prior to approval, the administrative official shall set the application on the next available agenda of the development review body that will decide the application, consistent with the legal requirements for public notice, if any.

(2)

If the application requires a public hearing prior to approval, the administrative official shall set the application on the next available agenda of the next development review body that will consider the application, consistent with the legal requirements for public notice.

(3)

The administrative official shall notify applicants regarding the time, place and format of public meetings and hearings.

(Ord. No. O2013-712, Exh. B, 8-12-13)

(A)

Applications for development approval must be diligently pursued by the applicant. Accordingly, this section extinguishes applications that become stale due to inaction by the applicant, whether this inaction is during an administrative review process conducted by city staff, or after staff has forwarded an application and it is under consideration by a city decision-making body.

(B)

Expiration of stale applications.

(1)

When an action by the applicant is required for further processing of an application (for example, submittal of supplementary documentation or payment of outstanding fees), the application shall become void six (6) months after the date that the action is requested if:

(a)

The applicant fails to take action; or

(b)

The applicant fails to request an extension of time pursuant to subsection (C), below.

(2)

No refunds of application fees will be issued to applicants whose applications expire pursuant to this subsection.

(C)

Extension of time. The time for expiration of an application may be extended by up to six (6) additional months upon written request of the applicant before the end of the period set out in subsection (B), above.

(D)

Effect of expiration. Applications that expire pursuant to this section shall automatically become null and void, closed and discarded without further notice or activity by the city. Any application proposal for a lot, parcel or tract, regardless of the commonality with an expired application, will be treated as a new application, subject to requirements in effect at the time of the most recent submittal, and with new fees.

(Ord. No. O2013-712, Exh. B, 8-12-13)

(A)

The city council, planning commission and zoning board of adjustment may, at their discretion, seek additional recommendations from any city department, city board/commission, ad hoc committee, task force, subcommittee, other public agency at any level of government, community group or organization, or others as felt necessary to make any decision or to gain insight or information related to any case or decision pending before them if within their purview to seek such evidence.

(B)

Documentation. The additional information and/or recommendations shall be made a part of the record of the case.

(Ord. No. O2013-712, Exh. B, 8-12-13)

(A)

Public notice. Public notice, if required, shall be provided in accordance with the requirements of this section. The content of notices shall be according to the policies adopted by the City of Nassau Bay and/or as required by law.

(B)

Mailed notice. If a mailed notice is required, the administrative official shall deposit such notice of the time, place and purpose of the meeting into first class mail not less than eleven (11) days prior to the date of the hearing. Written notice shall be mailed to all persons listed on the records of the Harris County Appraisal District as owners of land subject to the application or, at minimum, owners of the parcels within two hundred (200) feet of the outer boundary of the land subject to the application, at the mailing addresses of such persons in the records of the appraisal district.

(C)

Published notice. If a published notice is required, the administrative official shall cause a notice of the time, place and purpose of the meeting to be published in the official city newspaper at least eleven (11) days prior to the scheduled meeting of the planning commission or zoning board of adjustment, and at least sixteen (16) days prior to the scheduled meeting of the city council.

(D)

Content of notice. All notices shall include the following contents:

(1)

The street address of the property (if a street address is assigned);

(2)

The name of the applicant;

(3)

The type of approval sought (e.g., rezoning);

(4)

A brief description of the application;

(5)

The case number (provided by the administrative official);

(6)

The date, time and location of the meeting at which the application will be considered for approval;

(7)

The phone number of the administrative official; and

(8)

For mailed and published notices, the legal description of the property.

(E)

Computation of time. In computing the time periods for providing notice pursuant to this section, the day of mailing, publication and/or posting shall not be counted, but the day of the hearing shall be counted.

(F)

Constructive notice. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description or location map that are not substantial with respect to the general location of the property, typographical or grammatical errors, or errors of actual acreage that do not impede communication of the notice to affected parties. Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date and place of a hearing shall be strictly construed. If questions arise at the hearing regarding the adequacy of notice, the decision-making body shall direct the administrative official to make a formal finding as to whether there was substantial compliance with the notice requirements of this ordinance, and such finding shall be made available to the decision-making body at the same meeting or prior to final action on the application.

(Ord. No. O2013-712, Exh. B, 8-12-13)

(A)

All meetings of the city council and appointed boards and commissions shall be open to the public except as otherwise provided in the "Open Meetings Act" (Texas Local Government Code Chapter 551). However, not all decisions require public hearings. Therefore, recommendations and decisions that are authorized by this ordinance are classified as requiring a "public meeting" or "public hearing."

(1)

Matters requiring a public hearing before the planning commission and city council. The planning commission and city council shall conduct public hearings on:

(a)

District boundary changes (rezoning, including planned unit developments).

(b)

Nonconforming uses.

(c)

Changes to the text of this ordinance.

(d)

Modification of commission requirements.

(e)

Specific use permits.

(f)

Site plans.

(2)

Matters requiring a public hearing before the zoning board of adjustment. The zoning board of adjustment shall conduct public hearings on:

(a)

Zoning variances.

(b)

Administrative appeals.

(B)

Joint meetings. Any public hearing required by this ordinance or the laws of the State of Texas may be held jointly with any public hearing required to be held by the city council or any other city board or commission, except the zoning board of adjustment. Such joint meetings may be held after published notice as required by law.

(C)

Public hearings.

(1)

Procedures. All decision-making bodies shall adopt rules of procedure for the conduct of public hearings. The following general procedures shall be reflected in the adopted rules of procedure:

(a)

Any person may appear at a public hearing, submit evidence and be heard.

(b)

If a speaker represents an organization, the body conducting the hearing may request written evidence of that person's authority to speak on behalf of the group in regard to the matter under consideration.

(c)

Persons appearing at a public hearing shall identify themselves and state their address and similar information about any organization they represent.

(d)

Citizens, applicants and the city have the right to present expert witnesses.

(e)

The chairperson may impose a reasonable time limit on speakers and may limit testimony that is deemed irrelevant or redundant.

(2)

Representation. Persons appearing before a decision-making body may appear in person or through a representative or agent. The representative or agent shall provide satisfactory proof of his or her authority upon the request of the city or the particular decision-making body.

(3)

Decisions.

(a)

Except where this ordinance, the City Code of Ordinances or Texas statutes provide otherwise, official action requires the favorable vote of a majority of a quorum present.

(b)

A favorable vote by the zoning board of adjustment shall be governed by Texas Local Government Code Chapter 211.009 and/or Chapter 241, as applicable.

(c)

All decisions of the decision-making bodies shall be by motion.

(d)

Except when voice votes are authorized, a vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote (e.g., by visible raising of hands).

(e)

At its discretion, a decision-making body or any of its members may inspect the premises, site or area under consideration prior to public hearing and/or final decision.

(D)

Conditions of approval. Some procedures set forth in this ordinance authorize the decision-making body to impose such conditions upon the premises benefited by the approval as may be necessary to reduce, minimize or eliminate potential adverse impact upon other property in the area, or to carry out the general purpose and intent of the comprehensive plan and this ordinance. In such cases, any conditions attached to approvals shall be directly related to the impacts of the proposed use or development and shall carry out the general purpose and intent of the comprehensive plan and this ordinance. No conditions of approval, except for those attached to variance or minor modification approvals, shall be less restrictive than the requirements of this ordinance.

(Ord. No. O2013-712, Exh. B, 8-12-13)

(A)

Consideration of applications may be continued, or applications withdrawn, as provided in this section.

(B)

Continuances.

(1)

Request or motion to continue. Consideration of an application may be continued upon motion of the decision-making body or upon request of the applicant before a decision is made on the application.

(2)

Period of continuation. Should any item before a decision-making body be tabled in anticipation of information or events to occur prior to rendering a decision, such tabling shall be for no longer than the second meeting following the meeting at which the item was tabled.

(3)

Decision required. If at the conclusion of the continuation period the item under consideration remains in the same and/or unchanged state or condition as existed when the item was initially tabled, the item shall be removed from the table, and shall either be approved based on the available information or shall be disapproved.

(C)

Withdrawals. An application may be withdrawn without prejudice by the applicant as a matter of right provided the request for withdrawal is in writing and filed with the city within the two-week period after official acceptance of the application; otherwise, all such requests for withdrawals shall be with prejudice save and except that the planning commission may allow withdrawal without prejudice at the time the application is being considered; provided further, no application may be withdrawn after final action has been taken. When an application is permitted to be withdrawn without prejudice, the provisions of this ordinance regarding successive applications shall not apply. The applicant shall not be entitled to the return of any application fees.

(Ord. No. O2013-712, Exh. B, 8-12-13)

(A)

Decisions of any appointed board of commission may be brought up for reconsideration or rehearing according to this section. Reconsideration or rehearing is not a substitute for an appeal and is intended to be applied only in rare instances.

(B)

Limitations. A request for reconsideration or rehearing will be granted only if the board or commission finds, by majority vote of a quorum present, that:

(1)

There was substantial procedural error in the original proceeding;

(2)

The board or commission acted without jurisdiction in the original proceeding, and such jurisdictional defect has been since remedied; or

(3)

The original decision was based upon misunderstanding, fraud or misrepresentation.

(C)

City initiation. If the reason for reconsideration or rehearing is based on subsection (B)(3), above, then only the city is authorized to present a case for rehearing or reconsideration. If there was or is suspected by the city to be intentional fraud or misrepresentation, the city may pursue any remedy at law through criminal or civil proceedings for compensatory and punitive damages allowed by law.

(D)

Private initiation. Any person seeking reconsideration or a rehearing by the planning commission or zoning board of adjustment, under conditions of subsection (B)(1) or (B)(2), above, must file a request with the administrative official, together with materials supporting one or more of the grounds stated in subsection (B)(1) or (B)(2), above, within fifteen (15) days of the original decision.

(E)

Conduct of rehearing. A rehearing shall be conducted in the same manner as required for the original proceedings before the board or commission, and shall be subject to all requirements under this article as applicable. If the initial hearing required a public hearing, any rehearing of a case or requested action shall also require a public hearing.

(F)

Timing of rehearing.

(1)

Same meeting. At the same meeting, the decision-making body may reconsider its decision based on reasons under subsection (B), above.

(2)

Different meeting. An exception to subsection (F)(1), above, may be authorized by the administrative official, who shall consider changed conditions not previously known or addressed.

(3)

Delayed consideration. Any reconsideration of a decision for a reason not listed under subsection (B), above, shall only occur after a period of six (6) months from the date of the original decision.

(Ord. No. O2013-712, Exh. B, 8-12-13)

(A)

Approval of an application shall be deemed to authorize only the particular use, plan or other specific activity for which the approval was granted. Approvals shall run with the particular land for which approval is given. Text amendments to this ordinance are not related to particular parcels.

(Ord. No. O2013-712, Exh. B, 8-12-13)

(A)

It is the policy of the City of Nassau Bay not to hear successive applications for a substantially similar application after an application is denied. The limitations of this section prevent the consideration of successive applications.

(B)

Time required between substantially similar applications. The city shall not accept any application that is substantially similar to an application that was denied within the periods set out below:

(1)

Rezonings and specific use permits. One year shall elapse between the date an application is denied and the date a substantially similar application is filed. If a substantially similar application is denied twice, two (2) years shall elapse from the last date of denial before a new substantially similar application is accepted for processing.

(2)

Nonconforming use change. Six (6) months shall elapse between the date that an applicant withdraws a request for a nonconforming use change and the date a substantially similar application is filed. However, if said application is withdrawn without prejudice, then there shall be no prohibition on the filing of a subsequent application.

(3)

Variances, special exceptions and appeals heard by the zoning board of adjustment. One year shall elapse between the date an application is denied and the date a substantially similar application is filed.

(4)

Appeals heard by the city council. One year shall elapse between the date an application is denied and the date a substantially similar application is filed.

(C)

Appeals and waiver of restrictions. The determination by the administrative official that an application is substantially similar to a denied application is subject to administrative appeal to the zoning board of adjustment. In the alternative to an appeal, the applicant may seek a waiver of the successive application rules from the city council, which may grant the waiver for good cause shown. Such good cause shall include, but not be limited to, such factors as:

(1)

An approved amendment to the comprehensive plan or this ordinance would potentially allow for the application to be processed to approval;

(2)

Changed conditions justify the waiver (e.g., the proposed use requires spacing from another use, and the other use moves away; or, infrastructure was not sufficient to support the proposed development, but has since been improved); or

(3)

The city council finds that there was an error in the processing of the application that could not have been remedied by administrative appeal (successive applications shall not be used as a substitute for an appeal if an appeal could be used to resolve an allegation of error).

(Ord. No. O2013-712, Exh. B, 8-12-13)

(A)

Development approvals may be terminated as set out in this section.

(B)

Inconsistent subsequent approvals. If a parcel proposed for development is subject to an approval that has not lapsed, then the approval of an inconsistent application (except approval of a request to modify the application) shall automatically terminate prior inconsistent approvals and prior subordinate approvals if construction has not commenced. For example, if property is rezoned from one classification to another, and a site plan is approved under the prior zoning classification, then a subsequent rezoning to the new classification would terminate the earlier district designation (a prior inconsistent approval) and the site plan approved under it (a prior subordinate approval to the inconsistent approval). However, if the prior site plan was built out, then it would remain as a nonconforming use under the new zoning designation until it was redeveloped according to the new site plan.

(C)

Inconsistent subsequent development. Variances shall terminate automatically if:

(1)

Development that is approved by variance is modified in a manner that makes the variance unnecessary (i.e., the modified development complies with this ordinance); or

(2)

Development that is approved by variance is demolished, and an application to rebuild according to the previously approved plans is not filed within six (6) months of the date of demolition.

(Ord. No. O2013-712, Exh. B, 8-12-13)

(A)

Variances from zoning standards. The zoning board of adjustment shall approve or deny variances from the zoning related development standards (such as height, bulk or area) of this ordinance, but not from any subdivision related standards (which are considered by the planning commission as provided in Appendix B, Subdivisions, in the City Code of Ordinances).

(1)

Approval standards. The board of adjustment may grant a variance under this section only if the variance is not prohibited elsewhere in this ordinance of the City Code of Ordinances, and if the board makes a determination in writing that all of the following are demonstrated:

(a)

The request for the variance is rooted in special conditions of the applicant's property that do not generally exist on other properties in the same zoning district.

1.

Other nonconforming uses and structures in the same district shall not be the sole grounds for granting a variance.

(b)

Due to said special conditions, the literal enforcement of the strict terms of this ordinance would impose an unnecessary and exceptional hardship on the applicant.

(c)

The variance is not contrary to the public interest in that it does not allow applicants to impair the application of these regulations for:

1.

Self-imposed hardships, which involve actions of the applicant that resulted in the conditions or circumstances which necessitated the request for a variance;

2.

Hardships based solely on financial considerations, convenience or inconvenience; or

3.

Conditions that are alleged to be "special," but that are actually common to many properties within the same zoning district.

(d)

The variance will not have a detrimental impact upon:

1.

The current or future use of adjacent properties for purposes for which they are zoned;

2.

Public infrastructure or services; and

3.

Public health, safety, morals and general welfare of the community.

(e)

The degree of variance allowed from this ordinance is the least that is necessary to grant relief from the identified unnecessary hardship and allow reasonable use of the land or structure.

(f)

The variance shall not be used to circumvent other procedures and standards of this ordinance that could be used for the same or comparable effect (e.g., if alternative development patterns, alternative development standards, or other flexible measures in these regulations are available that would avoid or mitigate hardship without using a variance, then they must be used).

(g)

By granting the variance, the intent of this ordinance as outlined in section 2-100, as well as the spirit of this ordinance, is observed and substantial justice is done.

(2)

Federal compliance. The board of adjustment shall abide by the Federal Insurance Administration's Rules and Regulations for compliance with the National Flood Insurance Program.

(B)

Specific uses. In addition to those uses of land and buildings provided for in other portions of this ordinance, such other uses are permitted as are compatible with the purposes of this ordinance when approved individually and specifically by the city council. Exercise of these specific uses may commence only following issuance by the city council of a specific use permit expressing approval thereof, and continue only in compliance with such conditions and/or restrictions as are imposed by city council.

(1)

Standards for all specific uses. All uses classified as specific uses by this ordinance shall comply with all of the following standards:

(a)

The specific use will be consistent with any applicable goals, objectives and policies of the Comprehensive Plan and any adopted neighborhood or special area plans.

(b)

The specific use will not materially detract from the character of the immediate area or negatively affect the anticipated development or redevelopment trend.

(c)

The specific use is conducted in a manner that is not materially more disruptive to adjacent properties than uses permitted as-of-right in the district, unless the specific use is temporary and its limited duration will help to minimize the impact. Conditions of approval may be attached to the specific use to ensure that this requirement is satisfied.

(2)

Lapse of specific use approval. Failure to exercise the right granted under a specific use permit for six (6) months shall constitute prima facie evidence of abandonment of this right. The applicant may submit evidence to the planning commission that the disuse was involuntary.

(a)

Planning commission review. Any specific use permit which is not exercised for six (6) months and not transferred directly to a like user shall be subject to review by the planning commission at a public hearing after notice has been given to the holder of the specific use permit and all owners of real property within two hundred (200) feet of the property which is the subject of the specific use permit. If the planning commission determines that the abandonment was voluntary, it may recommend that the city council revoke the specific use permit.

(b)

Transfer of specific use permit to a like user. Transfer of a specific use permit shall be subject to review at a public hearing by the planning commission after notice to the transferee and notice to the owners of real property within two hundred (200) feet of the property to be reclassified. In the event of transfer of a specific use permit to a like user, the six-month timeframe for determining a lapse of permit approval shall begin to run against the transfer at the time of transfer of any interest in the specific use permit or the property subject to the specific use permit.

(3)

Revocation of permit. If the planning commission determines that the conditions of the specific use permit are not met, they may recommend to the city council that the permit be revoked. The city council shall hold a public hearing on such recommendations after at least fifteen (15) days' notice in the official city newspaper of the time and place of the hearing and may revoke the specific use permit.

(a)

Notice to permittee. The administrative official shall give written notice to the permittee by personal service or by certified mail, return receipt requested, addressed to the applicant at the address set forth in the permit application. The notice shall include:

1.

The specific grounds upon which the permit in question may be revoked;

2.

The fact that there will be a hearing in which the city will seek the revocation of the permit;

3.

The date, time and place of the hearing;

4.

The fact that the permittee may appear in person and/or be represented by an attorney; and

5.

Any notice required by other city ordinance.

(b)

Hearing rules. The following specific rules shall apply during the hearing before city council:

1.

All parties shall have the right to representation by a licensed attorney, though an attorney is not required.

2.

Each party may present witnesses in its own behalf.

3.

Each party has the right to cross-examine all witnesses.

4.

Only evidence presented at the hearing may be considered in making the final decision.

(c)

Failure to appear. If the permittee fails to appear at the hearing on the date and time specified, the city shall introduce evidence to establish a prima facie case on behalf of the city showing that grounds exist for revocation of the permit.

(d)

Written findings and decision; notice to permittee. After completion of the presentation of evidence by all parties appearing, the city council shall make written findings and render a final decision as to whether grounds exist for the revocation of the permit. If grounds exist, the city council shall revoke the permit; provided that the city council may, in the interest of justice, take such other lesser actions as deemed appropriate including, but not limited to, the temporary suspension of the permit, the revision of the permit, or the addition of permit conditions. A true and accurate copy of the order shall be personally delivered or mailed by certified mail, return receipt requested, to the permittee.

(e)

Permit fees forfeited. In the event a permit is revoked, suspended or revised, the city shall not be liable to any person for any refund of any part of any permit fees.

(Ord. No. O2013-712, Exh. B, 8-12-13)

(A)

Applicability. All non-residential and multi-family residential development in Nassau Bay shall be subject to a site plan review and approval as a precondition for new construction, subsequent construction, exterior remodeling, expansion and demolition of structures (including in marine zones). Plans for all such activity shall be reviewed and approved by the planning commission (or a recommendation made to city council for its final decision) prior to commencement of any building or construction on-site activity. The city council shall retain final approval power as is required in zoning decisions by statute and by the city zoning ordinance. Such final approval shall be presumed granted by council unless said site plan review is scheduled on council's agenda for the meeting next following the planning commission meeting wherein said commission approval was recommended.

(1)

Combination of preliminary and final plan review. At the discretion of the administrative official, submission and review of preliminary and final plans may be combined into one step in appropriate cases.

(2)

Timing of review for final plans. Processing time by the city staff and the planning commission may be slightly longer for final plan review and may include referral to a qualified outside consultant.

(3)

Other reviewers in marine districts. Development in the marine districts shall also require review and approval of plans by: (1) U.S. Army Corp of Engineers, (2) Texas General Land Office, (3) applicable homeowner's associations, (4) U.S. Coast Guard and (5) other cognizant government bodies.

(B)

Public hearing required. The planning commission shall review all non-residential and multi-family residential development plans within the City of Nassau Bay in a public hearing.

(C)

Review considerations. These requirements are intended to help land developers in planning their non-residential and multi-family residential and/or marine projects. The requirements provide direction to the builder/developer by defining certain items and areas which are common to the project as a whole and items over which the City of Nassau Bay will exert strict control.

Considerations for site plan review shall include:

(1)

The health, safety and general welfare of the community.

(2)

Satisfaction of the purposes and standards of this ordinance.

(3)

Provisions for adequate public improvements, such as streets, drainage facilities, etc.

(a)

The site plan shall confirm that no surface drainage to adjacent tracts will occur.

(4)

Protection and preservation of natural features and adjacent properties.

(5)

Siting of structures and landscaping appropriate to good overall design.

(6)

Efficient, functional development.

(7)

Adherence to any architectural standards for non-residential and/or multi-family development adopted by the city.

(D)

Building compliance. The planning commission's approval of preliminary plans shall not constitute the Nassau Bay building inspector's acceptance of the final construction drawings or approval to begin construction. The final construction plans, including site plan, floor plans, utility plans, elevations, sign plans, lighting plans, landscaping plan and exterior materials shall be submitted to and approved by the building inspector prior to any construction. Approval of segments of plans is only an intermediate step in the planning commission's approval process, and the planning commission's approval of final plans will be contingent upon compliance with city building codes and any plan revisions requested by the planning commission through preliminary plan review.

(1)

Compliance with conditional agreements. The building inspector shall ensure that all agreements leading to final approvals by the planning commission and city council on items in this ordinance are incorporated prior to issuance of a building permit.

(Ord. No. O2013-712, Exh. B, 8-12-13)

(A)

Constitutes a rezoning. The designation of a planned unit development (PUD) district is an amendment to the zoning ordinance and shall meet all the requirements of an application for rezoning.

(B)

Public notice.

(1)

Planning commission workshops. Any pre-application workshops involving the applicant and the planning commission shall be open to the public in accordance with section 5-700, and notice of the meetings shall be given in accordance with section 5-600. In addition to these standard notices of these meetings, the city shall endeavor to place notices of these meetings in any one or all of the following:

(a)

The city website;

(b)

Public service television channel;

(c)

City newsletter;

(d)

City marquee sign.

These notices shall provide a description of the proposed PUD and its planned location.

(2)

Public hearings. Notice of the public hearings before the planning commission and city council shall be given in the same manner as the notice required for any zoning amendment.

(C)

Public hearings. Prior to formal consideration of a plan for a PUD, the planning commission and city council shall each hold a public hearing at which parties or interested citizens shall have an opportunity to be heard in the same manner as required for a rezoning application.

(1)

Planning commission. The decision of the planning commission on an application for a PUD shall be forwarded to the city council, as a recommendation to grant or deny, after the planning commission holds a public hearing thereon.

(2)

City council. The city council shall then hold at least one public hearing on said application.

(D)

Decision. The city council may approve a PUD master plan as submitted, amend and approve the plan as amended, or disapprove the plan. The city council's approval of a PUD shall be by amendment to the zoning ordinance.

(1)

Amendment provisions. Said amendment shall designate and define the boundaries of the PUD and include such conditions as the city council determines are necessary to secure and protect the public health, safety and general welfare.

(2)

Ordinance exhibits. The PUD master plan, which is submitted by the developer and approved by the city council, and supporting documents shall form part of the ordinances and be attached as exhibits thereto.

(3)

Documentation for building official. Three (3) copies of the approved PUD master plan, together with supporting documents, shall be submitted to the building official for use prior to issuing building permits.

(E)

Changes to a PUD master plan.

(1)

Minor changes. After an approval by city council, minor alterations (as determined by the administrative official) to the development PUD master plan required by engineering or other circumstances that do not substantially change the concept of the PUD may be approved by the city manager.

(2)

Major changes. Major changes (as determined by the administrative official) in fact or in concept shall be resubmitted following the same procedure required as in the original PUD application. Such changes include modifications prior to, during construction, or after construction.

(3)

Notification of determination. The administrative official will inform the mayor and chairman of the planning commission within two (2) business days of his determination of the category of the proposed changes. The mayor and chairman of the planning commission (or their designees) will respond if they disagree with the categorization within three (3) business days.

(F)

Platting. The need for platting will be determined based on the proposed PUD master plan. The PUD master plan shall be approved prior to or simultaneously with the approval of any plat. All land in a PUD shall be platted in accordance with the subdivision ordinance of the City of Nassau Bay.

(G)

Recording a PUD. The PUD agreement and PUD master plan shall be recorded in the official deed records of the county. The recording costs shall be paid by the applicant.

(Ord. No. O2013-712, Exh. B, 8-12-13)

(A)

The boundaries of any zoning district in the city may be changed, or the zone classification of any parcel of land may be changed, as provided in this section.

(B)

Initiation of rezoning.

(1)

A rezoning may be initiated by the owner of the property to be rezoned or their authorized agent, the city council, the planning commission, or by the administrative official. Rezoning applications by property owners and/or their agents shall be submitted on a form approved by the administrative official.

(2)

The administrative official may require the submission of such other information as may be necessary to permit the informed exercise of judgment under the criteria for the review of a rezoning application. Such information shall be related to the scale, location and impacts of the rezoning application and may include, by way of illustration and not limitation, analysis of the capacity of the land to support development (e.g., soil characteristics and hydrology) or the additional impacts (or reduction in impacts) that may be created by changing the district designation, in terms of: traffic (trip generation); drainage; visual, aesthetic and land use adjacency impacts; water and wastewater use and availability; and other information determined by the city as necessary to make an informed analysis and decision.

(C)

Criteria for approval. The planning commission may recommend approval, and city council may grant the approval of a rezoning request if it is demonstrated that:

(1)

The proposed zoning is preferable to the existing zoning in terms of its likelihood of advancing the goals, objectives and policies of the city's comprehensive plan and other adopted plans applicable to the area;

(2)

The proposed zoning is generally consistent with the future land use map of the comprehensive plan (a future land use map amendment may be processed concurrently with the rezoning);

(3)

The proposed change is consistent with the implementation of existing or pending plans for providing and/or upgrading streets, water and wastewater, other utilities and the delivery of public services to the area in which the parcel proposed for rezoning is located;

(4)

The range of uses and the character of development that is allowed by the proposed zone will be compatible with the properties in the immediate vicinity of the parcel proposed for rezoning, and the parcel proposed for rezoning has sufficient dimensions to accommodate reasonable development that complies with the requirements of this ordinance, including parking and buffering requirements; and

(5)

The pace of development and/or the amount of vacant land currently zoned for comparable development in the vicinity suggests a need for the proposed rezoning in order to ensure an appropriate inventory of land to maintain a competitive land market that promotes economic development.

(D)

Procedures. Applications for rezonings are processed according to the sequential steps set out in section 5-200, Applications, through section 5-700, Public meetings and public hearings, and shall be decided by the city council after recommendation of the planning commission pursuant to the public hearing provisions of section 5-700. All involved bodies shall hold public hearings. The procedure shall incorporate the following additional requirements, which supersede any conflicting provisions elsewhere in this ordinance:

(1)

A pre-application conference is required for an application for rezoning.

(2)

At any time during or after application completeness review, if the administrative official requires additional information pursuant to subsection (B)(2), above, the official may retain the application and notify the applicant regarding the specific information requested.

(3)

The applicant shall provide the additional information requested in a timely manner; otherwise, the application shall lapse in accordance with the termination of stale applications provisions of this article.

(4)

The planning commission shall make a preliminary report and hold a public hearing on the proposed rezoning before making a final report to the city council. The commission may defer its report for no longer than its next meeting to have an opportunity to consider revisions to the submittal that are requested from or volunteered by an applicant, which may have a direct bearing on the proposed rezoning.

(5)

The administrative official shall forward the final report from the planning commission to the city council with a recommendation.

(E)

Decision.

(1)

After receiving the final report of the planning commission, the city council shall hold a public hearing on the proposed rezoning and, at the close of the hearing shall, based upon the recommendations of the commission and/or administrative official:

(a)

Approve the rezoning by ordinance;

(b)

Approve the rezoning by ordinance with modifications;

(c)

Deny the rezoning; or

(d)

Refer the proposed rezoning back to the planning commission, to the administrative official, to a committee of the city council, or to an ad hoc committee for further consideration and recommendation.

(2)

The city council shall support its decision with written findings of fact regarding the approval criteria in subsection (C), above.

(F)

Purposes and considerations for map amendments.

(1)

Purposes. Map amendment proposals shall serve the following purposes:

(a)

Advancing the goals, objectives and policies of the city's comprehensive plan and other adopted plans;

(b)

Securing adequate light, air, convenience of access and safety from fire, flood and other danger;

(c)

Lessening or avoiding congestion in public ways;

(d)

Promoting the public health, safety, comfort, morals, convenience and general welfare; and

(e)

Otherwise accomplishing the purposes of Texas Local Government Code Chapter 211, Municipal Zoning Authority.

(2)

Considerations. In preparing and considering proposals for map amendments, the planning commission and the city council shall pay reasonable regard to:

(a)

The comprehensive plan and any other adopted and relevant plans;

(b)

Current conditions and the character of current structures and uses in each district;

(c)

The most desirable use for which the land in each district is adapted;

(d)

The conservation of property values throughout the jurisdiction; and

(e)

Responsible development and growth.

(Ord. No. O2013-712, Exh. B, 8-12-13)

(A)

The city council may amend the text of this ordinance in accordance with the procedures set forth in this article to implement the comprehensive plan as it may be amended from time to time; conform to state or federal legal requirements; address changing or changed conditions; or otherwise advance the public health, safety and welfare of the city.

(B)

Initiation of amendment. The city council, the planning commission or the zoning board of adjustment may initiate an amendment by motion. The administrative official may also initiate an amendment. Others who wish to propose potential text amendments shall do so in writing to the administrative official.

(C)

Criteria for text amendments. Recommendations and decisions regarding petitions for amendments to the text of this ordinance are legislative in nature, but shall be based on consideration of all the following criteria:

(1)

The proposed amendment will help to implement the adopted comprehensive plan, or, if it involves a topic that is not addressed or not fully developed in the comprehensive plan, the proposed amendment will not impair the implementation of the adopted comprehensive plan and other adopted plans when compared to the existing ordinance.

(2)

The proposed amendment is consistent with the stated purposes of this ordinance.

(3)

The proposed amendment will maintain or advance the public health, safety or general welfare.

(4)

The proposed amendment will help to mitigate adverse impacts of the use and development of land on the natural or built environment, including, but not limited to mobility, air quality, water quality, noise levels, stormwater management, wildlife protection and vegetation; or will be neutral with respect to these issues.

(5)

The proposed amendment will advance the strategic objectives of the city council, such as fiscal responsibility, efficient use of infrastructure and public services, and other articulated city objectives.

(D)

Procedures. Text amendments are processed according to the sequential steps set out in section 5-200, Applications, through section 5-700, Public meetings and public hearings, and shall be decided by the city council after recommendation of the planning commission pursuant to the public meetings provisions of section 5-700. Each body shall hold a public hearing. The procedure shall incorporate the following additional requirements:

(1)

Staff review. The administrative official shall review each proposed amendment in light of the approval criteria of subsection (C), above, and refer the application to city departments or other entities as deemed necessary. Based on the results of those reviews, the official shall provide a report and recommendation to the planning commission.

(2)

Planning commission recommendation.

(a)

The planning commission shall make a preliminary report to the city council and hold a public hearing on the proposed text amendment. Following the hearing, the commission shall make a final report to the city council.

(b)

Upon receiving the final report of the planning commission, the administrative official shall draft, or cause to be drafted an ordinance, submit it to the city attorney for approval as to form, and shall forward the ordinance to the city council for consideration.

(3)

City council action. After receiving the final report of the planning commission, the city council shall vote to approve, approve with amendments, or reject the proposed amendment, based on the approval criteria in subsection (C), above. The city council also may refer the proposed amendment back to the planning commission for further consideration, continue a public hearing, or postpone action on an application for a period not to exceed ninety (90) days (or shorter period if the application is being processed concurrently with a plat and the plat application is still pending at the time the amendment is postponed).

(E)

No retroactive cure of violations. The amendment of the text of this ordinance may transform a legally nonconforming situation into a conforming one. However, no petition for a text amendment shall be used to cure a violation of any part of this ordinance.

(f)

Purposes and considerations for text amendments.

(1)

Purposes. Text amendment proposals shall serve the same purposes specified for map amendments in subsection 5-1600(F)(1), above.

(2)

Considerations. In preparing and considering proposals for text amendments, the planning commission and the city council shall pay reasonable regard to the same factors specified for map amendments in subsection 5-1600(F)(2), above.

(G)

Unlisted and functionally similar uses. If a proposed use is not listed in Table 15-400.A, or if the classification of the use is ambiguous, then a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:

(1)

The administrative official shall evaluate the proposed use and develop a statement of the facts concerning the nature of the proposed use, particularly with regard to whether the proposed use is functionally similar to or a subcategory of a use already listed in Table 15-400.A, and whether the proposed use is expected to have no greater impacts than a permitted or specific use with which it is functionally similar. The administrative official shall then make a recommendation to the planning commission based on such facts, after consultation with the city attorney as necessary.

(2)

The planning commission shall initiate one or more amendments to the text of these regulations, which shall be processed as provided in section 5-1700, Text amendments, to:

(a)

Add the new or unlisted use to Table 15-400.A, as appropriate, and make other necessary text revisions to address the use; or to

(b)

Make adjustments to the text of these regulations, such as in Appendix A, Definitions, to clarify that a new or unlisted use is functionally similar to or a subcategory of a use already listed in Table 15-400.A, in which case the proposed use shall be subject to the same zoning district classifications in Table 15-400.A and the same applicable standards of these regulations.

(Ord. No. O2013-712, Exh. B, 8-12-13)

(A)

Protests are a way for nearby landowners to object officially to a rezoning of property, or to a proposed amendment to the text of this ordinance.

(B)

Effect of protest. If a protest is filed according to the requirements of this section, a rezoning shall not be granted for a parcel that is the subject of a protest, nor shall a protested text amendment be approved, without a favorable vote of three-fourths (¾) of all the members of city council.

(C)

Requirements for protests. Protests are initiated by way of a petition, which shall include:

(1)

The signatures of the owners of:

(a)

Twenty (20) percent or more of the land within such area that would be directly affected by the proposed rezoning or amendment; or

(b)

Twenty (20) percent or more of the area of the lots immediately adjoining the area included in such proposed change and extending two hundred (200) feet from the subject area, including any area within streets and alleys.

(2)

A list, map or index of the lot and block number, subdivision name or description of each signer's property, along with the street address.

(D)

Timing of protest. Protest petitions shall be filed with the administrative official not less than one week before the city council's public hearing on the requested amendment to the text of this ordinance or the proposed rezoning.

(A)

Administrative appeals are processed according to the provisions of this section.

(B)

Appellate bodies designated.

(1)

Appeals from decisions of city staff involving zoning matters under this ordinance are heard by the zoning board of adjustment.

(2)

Appeals from final decisions of the planning commission regarding site plans are heard by the city council.

(a)

If the city council denies an appeal of a final decision of the planning commission regarding a site plan, then a subsequent appeal of the final decision of the city council is heard by a court of competent jurisdiction.

(3)

Appeals from final decisions of the city council or from the zoning board of adjustment with respect to appeals from city staff decisions are heard by a court of competent jurisdiction.

(C)

Initiation and timing of appeal.

(1)

The applicant, or any party aggrieved by a final decision, may appeal that decision to the body specified in subsection (B), above, by filing a notice of appeal with the administrative official. The notice of appeal must be filed not more than ten (10) business days from the date of the final decision. The right of appeal terminates if the notice of appeal is not filed in this time period.

(2)

The notice of appeal shall specify the decision appealed from and the basis for the appeal, which shall include the specific section(s) of this ordinance which is(are) alleged to have been overlooked or applied in error, and in what specific way this has affected or will affect the aggrieved party who initiated the appeal. Such statement of the basis of the appeal shall provide sufficient detail to put the city on notice with respect to the matters to be raised.

(D)

Process. Appeals shall be processed by the body specified in subsection (B), above, according to the general procedures set out in section 5-200, Applications, through section 5-700, Public meetings and public hearings, except that:

(1)

Staff shall provide a report describing the nature of the decision and the notice of appeal; and

(2)

No recommendations are required from boards or commissions other than the decision-maker.

(E)

Hearings and sworn testimony. A public hearing shall be held on the appeal. Testimony at the public hearing shall be sworn.

(F)

Decision. In exercising the power to decide an appeal, the decision-maker may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer or body from whom the appeal is taken.

(1)

With respect to decisions of the zoning board of adjustment, the concurring vote of three-quarters (¾) of the members of the board is necessary to reverse an order, requirement, decision or determination of a city staff member.

(2)

With respect to appeals from final decisions of the planning commission regarding site plans, the city council may refer a site plan back to the planning commission with specific instructions to consider new information raised through the appeal. In such event, the planning commission shall reconsider the site plan at its next regularly scheduled meeting.

(Ord. No. O2013-712, Exh. B, 8-12-13)

(A)

Any person may request an administrative interpretation of the terms, provisions or requirements of this ordinance if the application of the terms, provisions or requirements is not obvious.

(B)

Applicable fee.

(1)

It is the intent of the city council that this ordinance be accessible and clear to the residents, business owners and landowners in the city, and that the spirit of Texas Local Government Code Chapter 552, Public Information, be observed. As such, city staff shall provide:

(a)

General information to residents, business owners and landowners with respect to the zoning districts that apply to property;

(b)

References to the standards that may be applied to individual uses or buildings; and

(c)

Requested public records that are related to the administration and enforcement of these regulations.

(2)

It is not the intent of the city council that the administrative official affirmatively evaluates the full development potential of individual properties or resolves other such detailed inquiries about specific properties or issues without a pending application.

(3)

Within these guidelines, the administrative official is authorized to waive the application fee for specific inquiries that do not involve material time commitments or copying costs, and to charge an hourly research fee for broad inquiries that are likely to involve material time commitments. Such fee shall be according to a fee schedule promulgated by city council resolution.

(C)

Process. The interpretation is made by the administrative official or other city staff member charged with administering the provision for which an interpretation is requested. Neither the administrative official (or other city staff member) nor the city are obligated to render an interpretation. The interpretation is not subject to appeal, although related appeals may proceed as provided in this ordinance (e.g., appeals of decisions on applications which may be impacted by the interpretation). After an interpretation is issued, the administrative official may propose a text amendment to this ordinance to codify the interpretation.

(D)

Decision. Within ten (10) business days after the application for an interpretation is filed, the administrative official or other responsible city staff member shall make a good faith effort to interpret the provision that is the subject of the application. The response to the interpretation request may require more time if additional information is needed or input from others is pending. The response to the applicant shall be in writing, and the administrative official shall keep a copy of the response in a record of interpretations.

(E)

Standards for interpretations. The interpretation shall be based on:

(1)

The materials or scenario posed by the applicant;

(2)

The plain and ordinary meaning of the terms that are subject to the application for an interpretation as set out in Webster's Third New International Dictionary or other current and authoritative dictionaries;

(3)

The purpose statement, where available, for the section of this ordinance that is the subject of interpretation;

(4)

Any other provision of the comprehensive plan, the City Code of Ordinances, state law or federal law that are related to the same subject matter;

(5)

Any technical meanings of the words used in the provision subject to interpretation;

(6)

Other interpretations rendered by the city relating to the same or related provisions of this ordinance;

(7)

The consequences of the interpretation;

(8)

The legislative history;

(9)

The problem or issue that is addressed by the provision subject to interpretation; and

(10)

Sources outside of the regulatory provision that provide a related source for the definition, such as technical or professional literature.

(F)

No legal advice. The city does not provide legal advice to applicants or property owners. Private parties, including purchasers, lenders, title insurers and others are advised to seek legal opinions from their attorneys with respect to specific potential applications of this ordinance. No interpretation provided by city staff pursuant to this section shall be construed as legal advice.

(G)

No binding effect. The city does not provide legal advice to applicants or property owners. Private parties, including purchasers, lenders, title insurers and others are advised to seek legal opinions from their attorneys with respect to specific potential applications of this ordinance. No interpretation provided by city staff pursuant to this section shall be construed as legal advice.

(H)

Recordkeeping. The administrative official shall keep records of interpretations made pursuant to this section.

(Ord. No. O2013-712, Exh. B, 8-12-13)

(A)

Fees for the administration of this ordinance shall be established as provided in this section.

(B)

Authority. The city council shall, from time to time, establish fees by resolution for the processing and review of the various applications that are required by this ordinance. The fees shall be reasonable, but shall not exceed the actual costs to review the applications, while also providing for monitoring of permit compliance and of developments approved subject to conditions. The city council may provide for a flat fee, plus require the reimbursement of extraordinary costs to the city that are necessitated by an application, such as fees for expert technical review or advice from consultants.

(C)

Relationship to application. No application shall be eligible to be determined complete until all application fees are paid in full.

(D)

Fee schedule. A comprehensive schedule of fees for the administration of this ordinance shall be attached as an appendix. The fee schedule shall reflect particular exemptions from fees which are provided in this ordinance.

(Ord. No. O2013-712, Exh. B, 8-12-13)

The Nassau Bay City Council by itself or through the planning commission shall adopt the procedures in this article for enforcing and administering this ordinance and to employ those persons necessary for such administration and enforcement. No district boundary or regulation change, modification of council requirements, variance, building permit, certificate of occupancy and use, or other permit shall be granted by the planning commission, board of adjustment, or city council except in compliance with the provisions of this ordinance.

(Ord. No. O2013-712, Exh. B, 8-12-13)

For any and every violation of the provisions of this ordinance, and for each and every day that such violation continues, said violation(s) shall be punishable as a misdemeanor by a fine not to exceed two hundred dollars ($200.00). Each day any such violation continues shall be considered to be a separate offense.

5-2301. Persons charged with such violation(s) may include:

(1)

The owner, agent, lessee, tenant, contractor, subcontractor or any other person using the land, building, or premises where such violation has been admitted or shall exist.

(2)

Any person who knowingly commits, takes part or assists in such violation.

(3)

Any person who maintains any land, building, or premises in which such violation shall exist.

(Ord. No. O2013-712, Exh. B, 8-12-13)

(A)

Cease and desist orders. The planning commission and/or city council shall serve cease and desist orders in the form of written official notices given to the owner of the subject building, property, or premises, or to his agent, lessee, tenant, contractor, or to any person using the land, building, or premises where such violation has been committed or shall exist.

(B)

Building permits and certificates of occupancy and use.

(1)

Issuance. No building permit or certificate of occupancy and use shall be issued by the city for any purpose except in compliance with the provisions of this code and other applicable ordinances and laws, a decision of the board of adjustment, or court decision.

(2)

Failure to comply with the conditions of a building permit or specific use permit will result in the revocation of such permit or the withholding of a certificate of occupancy.

(3)

Notice and appeal. All city decisions concerning the issuance, revocation, or suspension of building permits and certificates of occupancy and use shall be stated in official written notice to the permit applicant.

(Ord. No. O2013-712, Exh. B, 8-12-13)