2.1-1. City authority to amend.

(a)

Zoning district boundaries and regulations. The city is hereby authorized to amend, supplement, change, modify or repeal the boundaries of the districts or the regulations herein established by this chapter. All zoning change requests shall be submitted to the planning commission for consideration prior to city council action.

(b)

Considerations for approving or denying a zoning change. In making a determination regarding a requested zoning change, the planning commission and the city council shall consider the following factors:

(1)

Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned, and their relationship to the general area and to the city as a whole;

(2)

Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area;

(3)

How other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved;

(4)

Any other factors that will substantially affect the public health, safety, morals, or general welfare; and

(5)

Whether the request is consistent with the comprehensive plan.

(c)

Application.

(1)

Except as provided in section 144-2.1-4 for newly annexed territory, consideration for (i) a change in any zoning district boundary line, or (ii) zoning regulation, or (iii) an amendment to the zoning chapter text, may be initiated only by the owner of the real property (or authorized agent), by the planning commission, or by the city council.

(2)

Each application for zoning, rezoning, special use permit (SUP), planned development (PD) detail plan, or for a text amendment to a provision(s) of this chapter, shall be made in writing on an application form available in the planning director's office, shall be accompanied by payment of the fee and an accurate legal description with a plat or map of the area proposed for zoning or rezoning.

(3)

Completeness of application.

(i)

If the application is incomplete or the full fee has not been paid, the planning director or his/her designee shall notify the applicant in writing, within ten business days of the date of the application, that the application is incomplete and will not be considered by the city until the application is complete and/or the full fee is paid. If the full fee is not paid or the application is not complete within 45 days of the date of the application, the application shall expire.

(ii)

Traffic impact analysis. The planning director, planning commission or the city council shall require the applicant to provide a traffic impact analysis worksheet which may indicate a full traffic impact analysis needs to be completed for consideration in accordance with chapter 114 of this Code prior to final approval of a zoning or rezoning. The submittal of a full traffic impact analysis, if required, shall be submitted with the master plan, plat or building permit, whichever comes first.

(iii)

Filing fees.

1.

Fees related to zoning, rezoning, special use permit, planned development district and text amendments shall be paid in advance in accordance with appendix D of this Code:

2.

Exemption from fee. An application for a zoning district or text amendment initiated by the city shall be without fee.

2.1-2. Procedure before the planning commission.

(a)

Public hearing and notification. The planning commission shall hold a public hearing on all proposed zoning changes and text amendments. Written notices of all such public hearings shall be sent by the planning and community development department to all owners of real property within 200 feet of the property on which the change is proposed. Such notices shall be sent not less than ten days before the day set for hearing to all such owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same properly addressed and first class postage paid in the city post office. If the property lying within 200 feet of the property proposed for a zoning change is located in territory which was annexed to the city and is not included on the most recently approved city tax roll, notice to such owners shall be given by publication once in a newspaper of general circulation in the city at least 15 days prior to the hearing. Notice shall state the time and place of such hearing. In addition to the written and published notification, a zoning pending change sign shall be placed adjacent to each public street or right-of-way abutting the subject property or if the property does not front a public street or right-of-way, adjacent to the closest public street or right-of-way, located in the middle of the frontage, and within three feet of the curb or pavement, or as prescribed by the planning and community development department at the time of application. One sign shall be required for the first 100 feet of frontage of the tract, and, thereafter, one additional sign for every 200 feet of frontage, or fraction thereof, except that not more than three signs shall be required on each roadway frontage. If the tract has less than 200 feet of frontage per roadway, then only one sign is required per road. All signs shall be clearly visible to the public from the adjacent public streets. The applicant shall post the sign(s) at least 15 days prior to the planning commission's meeting and maintain said sign(s) in good condition and in place until final action by city council. If the sign(s) is not posted 15 days prior to the planning commission hearing, the applicant's case shall be withdrawn and rescheduled. In the event that a sign(s) is removed from the property or damaged, the applicant shall be responsible for purchasing a replacement sign(s) and installing it immediately. The sign(s) shall be furnished by the city and a fee shall be charged the applicant per appendix D of this Code.

(b)

Planning commission recommendation. After such public hearing the planning commission may, within its discretion, make one of the following recommendations in connection with each proposed change in zoning classification:

(1)

Recommend against the change in zoning or text amendment.

(2)

Recommend for the change in zoning or text amendment.

(3)

Recommend the change in zoning for such area together with any other recommendations which, within the discretion of the planning commission, will protect adjacent property and secure substantially the purpose and intent of this chapter; or for text amendments, recommend different text amendments than submitted by the applicant.

2.1-3. Procedure before city council.

(a)

Public hearing and notification. A public hearing shall be held by the city council before adopting any proposed amendment, supplement or change, at which parties in interest and citizens shall have an opportunity to be heard. Before the 15th day before the date of the hearing, notice of the time and place of the hearing must be published in an official newspaper of general circulation in the municipality. When the planning commission has recommended zoning, a change in zoning, or a special use permit, together with recommendations as to requirements as provided herein, the city council shall be at liberty to either accept, reject, or make other or additional requirements. Such requirements shall become a part of the ordinance changing the zoning classification of such property, and such requirements shall be considered as an amendment to the zoning ordinance as applicable to such property. Such requirements shall not be considered conditions precedent to the granting of the change in zoning. Such requirements shall be complied with before a certificate of occupancy may be issued by the building official for the use or occupancy of the building, land or structure on such property.

(b)

Protests. In accordance with the provisions of W.T.S.A.C., Local Government Code § 211.006 (commonly referred to as the "20 percent rule" if a proposed change to a regulation or boundary is protested in accordance with this subsection, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths of all members of the governing body (city council). The protest must be written and signed by the owners of at least 20 percent of either: the area of the lots or land covered by the proposed change; or the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area.

2.1-4. Zoning upon annexation—Timing and effect of zoning after annexation.

(a)

Zoning newly annexed territory. As soon as practical following annexation, but no more than 90 calendar days thereafter, the planning director shall, on the director's own application or upon application by property owners of the annexed area, initiate proceedings to establish appropriate zoning on the newly annexed territory. The planning director shall commence public notification and other standard procedures for zoning amendments as set forth in this chapter. The proceedings to establish zoning may be undertaken concurrently with annexation procedures (i.e., notices and public hearings). The zoning approval and formal adoption of the chapter establishing zoning must occur, however, after the annexation takes effect, and as a separate and distinct action by the city council.

(b)

Compliance with agricultural/pre-development (APD) standards and uses. From the time an annexation takes effect until action is completed to zone the land, no plat shall be approved for a lot size or dimension that is inconsistent with the minimum standards for the agricultural/pre-development (APD) district unless the land is subject to an approved subdivision master plan. Nor shall any building permit be issued for any use other than a use allowed in the APD district except where a plat for one- or two-family development has been approved or construction of a building has begun. Except as herein provided, and unless vested in accordance with V.T.C.A., Local Government Code ch. 245 or unless otherwise approved as part of a development agreement, all zoning and development regulations of the APD zoning district shall be adhered to with respect to development and use of the land that has been newly annexed during such period between annexation and the establishment of a zoning district.

(c)

Public hearing and notification requirements. The initial zoning of a land parcel, whether by initiation of the landowner or by initiation of the city, must meet the requirements for notification and public hearings as set forth in this chapter (see sections 144-2.1-2 and 144-2.1-3) and all applicable state laws. Notice shall be made to land within 200 feet that may be in the ETJ.

(d)

Simultaneous submission of annexation and zoning. The owner of land to be annexed may submit an application for zoning the property simultaneously with submission of a petition for annexation, but an annexation petition may not be conditioned upon the approval of any particular zoning classification, and the land may not be zoned until annexation is complete.

2.1-5. Reapplication of zoning, rezoning, special use permit or planned development district detail plan requests.

(a)

No application for the zoning, rezoning, special use permit, or planned development district detail plan of any land situated in the city shall be received or filed with the city and consideration thereof if, within 180 calendar days prior thereto, an application for substantially the same zoning, rezoning, special use permit, or planned development district detail plan as determined by the planning director, was received, and a final hearing was held on such before the planning commission. However, if new, relevant and substantial evidence, which could not have been secured at the time set for the original hearing, shall be produced by the applicant, the planning commission shall then have the right to waive such 180 calendar days provision and proceed to hear and consider such application.

(b)

No application for the zoning, rezoning, special use permit, or planned development district detail plan of any land situated in the city shall be received or filed with the planning commission and no consideration held thereon if within one year prior thereto the city council, after consideration and hearing, has denied an application on that land for substantially the same change as is applied for, as determined by the planning director.

(c)

If an application for zoning, rezoning, special use permit, or planned development district detail plan is withdrawn before the planning commission holds a public hearing on it, reapplication may be made at any time.

(Ord. No. 2012-49, § 1(Exh. A), 9-10-12; Ord. No. 2013-35, § 1, 6-10-13; Ord. No. 2018-21, § 2, 3-26-18; Ord. No. 2023-30, § 1, 4-24-23)

2.2-1. Board of adjustment (BOA) procedures. The BOA shall operate in accordance with the Texas Local Government Code §§ 211.008—211.011 and shall adopt rules in accordance with the provisions of this chapter. Meetings of the BOA shall be held at the call of the chair and at such times as the BOA may determine. Such chair, or in the chair's absence the acting chair, may administer oaths and compel the attendance of witnesses. All meetings of the BOA shall be open to the public. The BOA shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the BOA and shall be a public record. The concurring vote of four members (or 75 percent) of the BOA shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in this chapter.

2.2-2. Variances.

(a)

Authority. The BOA may authorize a variance from these regulations only upon finding:

(1)

That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of land;

(2)

That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant;

(3)

That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property within the area;

(4)

That the granting of the variance will not have the effect of preventing the orderly use of other land within the area in accordance with the provisions of this chapter;

(5)

That an undue hardship exists; and

(6)

That the granting of a variance will be in harmony with the spirit and purpose of these regulations.

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 in developing a parcel of land not permitted by this chapter to other parcels of land in the particular zoning district. No variance may be granted which results in undue hardship upon another parcel of land.

(b)

Procedures for variance.

(1)

Application for variance shall be made by the owner of real property (or authorized agent) to the planning department on forms provided by the planning department.

(2)

Fee and sign. The fee for variance requests and related signs shall be per appendix D of this Code (see also subsection 144-2.2-5).

(3)

No variance shall be granted without first having given public notice and having held a public hearing on the variance request in accordance with section 144-2.2-5. The deliberations and determinations of the BOA, together with the specific facts upon which such determinations are based, shall be incorporated into the official minutes of the BOA meeting at which the variance application is decided.

2.2-3. Special exceptions.

(a)

Authority and procedures. The BOA may grant the following special exceptions to these regulations, upon written request of the property owner, subject to the standards applicable to each exception hereinafter set forth. An application for a special exception shall be decided in accordance with the procedures applicable to a variance, as set forth in section 144-2.2-5.

(b)

Temporary mobile storage units. The BOA may, at the request of the property owner, renew a temporary mobile storage unit permit for one additional 90-day period in accordance with section 144-5.24. The property owner's request must be made prior to expiration of the initial 180-day permit period. The BOA must find that a request for a special exception for this temporary time extension meets each of the six following criteria:

(1)

The special exception will be in harmony with the spirit and purpose of the chapter.

(2)

The public welfare and convenience will be substantially served.

(3)

The neighboring properties will not be substantially injured by such proposed use.

(4)

The special exception will not alter the essential character of the district and location in which the property for which the special exception is sought.

(5)

The special exception will not weaken the general purpose of the district or the regulations herein established for the specific district.

(6)

The subject property is in compliance with all codes and ordinances.

The above findings of the BOA shall be incorporated into the official minutes of the board meeting in which the special exception is authorized.

(c)

Nonconforming uses and structures. The BOA may grant special exceptions to the provisions of this chapter pertaining to non-conforming status, limited to the following, and in accordance with the following standards. In granting special exceptions under this subsection, the BOA 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.

(1)

Expansion of the land area of a nonconforming use, up to a maximum of 30 percent;

(2)

Expansion of the gross floor area of a nonconforming structure, up to a maximum of 30 percent, provided that such expansion does not decrease any existing setback and does not encroach onto adjacent property, and such expansion will bring the structure closer into compliance with this chapter, or if it will otherwise improve or enhance public health, safety or welfare; or

(3)

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

(4)

Reconstruction and occupancy of a nonconforming structure, or a structure containing a nonconforming use and/or the restoration of a building site that is nonconforming as to development standards (including, but not limited to, parking arrangement, landscaping, etc.), when a structure has been damaged by fire, flood or other calamity to the extent of more than 75 percent of the replacement cost of the building or structure at the time such damage. Such action by the BOA shall have due regard for the property rights of the person or persons affected, and shall be considered in regard to the public welfare, character of the area surrounding such structure, and the conservation, preservation and protection of property.

(d)

Semipublic parking areas in residential districts. To permit in residential districts semipublic parking areas for occupants of apartment houses, multiple dwellings, hotels, apartment hotels, fraternity or sorority houses, lodging houses, members of clubs, and visitors to or patrons of hospitals, institutions, or places of public assembly, provided that such parking areas are located not more than 400 feet therefrom, and provided that such parking areas be improved as required in this chapter.

2.2-4. Variance and special exception notice.

(a)

Notice and public hearing. The BOA 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 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. The applicant may appear at the hearing in person or by agent or attorney.

(b)

Sign. In addition to the mailed notification, a variance or special exception sign shall be placed adjacent to each public street or right-of-way, abutting the subject property, or if the property does not front a public street or right-of-way, to the closest public street or right-of-way, located in the middle of the frontage, and within three feet of the curb or the pavement, or as prescribed by the planning and development services department at the time of application. One sign shall be required for the first 100 feet of frontage of the tract, and, thereafter, one additional sign for every 200 feet of frontage, or fraction thereof, except that no more than three signs shall be required on each roadway frontage. If the tract has less than 200 feet of frontage per roadway, then only one sign is required per road. All signs shall be clearly visible to the public from the adjacent public streets. The applicant shall post the sign(s) at least 15 days prior to the BOA meeting and maintain said sign(s) in good condition and in place until final action. If the sign(s) is not posted 15 days prior to the BOA meeting, the applicant's case shall be withdrawn and rescheduled. In the event that a sign(s) is removed from the property or damaged, the applicant shall be responsible for purchasing a replacement sign(s) and installing it immediately. The sign(s) shall be furnished by the city and a fee shall be charged the applicant per appendix D of this Code.

2.2-5. Appeals. Appeals to the BOA may be taken by any person aggrieved, or by any officer, department, board or bureau of the city affected by any decision of the building official or other administrative officer concerning the interpretation or implementation of this chapter.

(a)

Stays of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the BOA, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application on notice to the officer from whom the appeal is taken and due cause shown.

(b)

Procedure for appeal. The appellant must file with the planning and community development department a written notice of appeal specifying the grounds for the appeal and pay a fee per appendix D of this Code. The notice of appeal shall be filed within 45 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 BOA all papers constituting the record of action that is appealed. The chair of the BOA or any two members may call a special meeting to consider appeals.

(c)

Action by the BOA. The BOA shall decide the appeal within 30 calendar days after the written request (i.e., notice of appeal) was received. The BOA 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, and for that purpose the BOA has the same authority as the administrative official.

2.2-6. Burden of proof. 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/her favor by the BOA.

2.2-7. Waiting period. No application to the BOA for the same or a related variance, or special exception, or appeal on the same piece of property shall be allowed for a waiting period of 180 calendar days following denial of an application by the BOA unless other property in the immediate vicinity has, within the 180-day waiting period, been changed or acted upon by the BOA or the city council so as to alter the facts and conditions upon which the previous denial was based. Such changes of circumstances shall permit the re-hearing of a variance, or special exception, or appeal request by the BOA, but such circumstances shall in no way have any force in law to compel the BOA, after a hearing on the matter, to grant a subsequent variance, or special exception or appeal request. Any subsequent variance, or special exception or appeal request shall be considered entirely on its own merits and on the specific circumstances related to the subject property.

2.2-8. Petition to a court of record. Any person or persons jointly or severally aggrieved by any decision of the BOA, or any taxpayer, or any officer, department, board, or bureau of the municipality, may present to a court of record a petition, duly verified, setting forth that such decision is unlawful, in whole or in part, specifying the unlawful grounds. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the BOA.

(a)

Writ of certiorari. Upon the presentation of such petition the court may allow a writ of certiorari directed to the BOA to review such decision of the BOA and shall prescribe therein the time within which a return thereto must be made and served upon the petitioner's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from but the court may, on application, on notice to the board and on due cause shown, grant a restraining order.

(b)

Certified or sworn copies. The BOA shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

(c)

Testimony. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify, the decision brought up for review.

(d)

Costs. Costs shall not be allowed against the BOA unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.

(e)

Preference. All issues in any proceedings under this section shall have preference over all other civil actions and proceedings.

(Ord. No. 2012-49, § 1(Exh. A), 9-10-12; Ord. No. 2017-80, § 1, 10-23-17; Ord. No. 2018-21, § 2, 3-26-18; Ord. No. 2023-06, § 3, 2-27-23; Ord. No. 2023-91, § 2, 12-11-23)

Editor's note— Ord. No. 2023-91, § 2, adopted December 11, 2023, changed the title of section 144-2.2 from "Zoning board of adjustment (ZBA)" to "Board of adjustment (BOA)." The historical notation has been preserved for reference purposes.

The lawful use of any building, structure or land existing at the time of the enactment of this chapter may be continued although such use does not conform with the provisions of this chapter. The right to continue such nonconforming uses shall be subject to regulations prohibiting the creation of a nuisance and shall terminate when inappropriate use of the premises produces a condition which constitutes a nuisance. The right of nonconforming uses to continue shall be subject to such regulations as to the maintenance of the premises and conditions of operations and shall be subject to the specific regulations herein contained.

(a)

Nonconforming buildings.

(1)

A nonconforming building or structure may be occupied except as herein otherwise provided.

(2)

Repairs and alterations may be made to a nonconforming building or structure, provided that no structural alteration shall be made except those required by law or this chapter, and further provided these regulations shall never be construed to allow an addition to a nonconforming building.

(3)

A nonconforming building or structure shall not be added to or enlarged in any manner unless such addition and enlargements are made to conform to all the requirements of the district in which such building or structure is located.

(4)

No nonconforming building or structure shall be moved in whole or in part to any other location on the lot, or on any other lot, unless every portion of such building or structure is made to conform to all the regulations of the district.

(5)

A nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, explosion, earthquake, or other calamity or act of God shall not be again restored or used for such purpose if the expense of such restoration exceeds 75 percent of the replacement cost of the building or structure at the time such damage occurred. Any nonconforming building or structure partially destroyed may be restored provided restoration is started within 12 months of the date of partial destruction and is diligently prosecuted to completion. Whenever a nonconforming building or structure is damaged in excess of 75 percent of its replacement cost at that time, the repair or reconstruction of such building or structure shall conform to all the regulations of the district in which it is located, and it shall be treated as a new building.

(6)

A non-conforming single- or two-family residence located within the following industrial districts, M-1, M-2, M-1A, and M-2A, on or before August 26, 2019, may be repaired, altered including additions, and/or reconstructed if damaged or destroyed. All site development must comply with the development standards specified in the R-2A, single-family and two-family residential district.

(7)

A non-conforming multifamily development located within the following industrial districts, M-1, M-2, M-1A, and M-2A, on or before August 26, 2019, may be repaired, altered including additions, and/or reconstructed if damaged or destroyed. All site development shall be limited to the number of dwelling units existing immediately prior to the damage or destruction of the non-conforming multifamily development and must comply with the development standards specified in R-3H, multifamily high density district.

(b)

Nonconforming uses of buildings.

(1)

Except as otherwise provided in this chapter, the nonconforming use of the building or structure lawfully existing at the time of the effective date of this chapter may be continued.

(2)

The use of a nonconforming building or structure may be changed to a use of the same or more restricted classification, but where the use of a nonconforming building or structure is hereafter changed to a use of a more restricted classification, it shall not thereafter be changed to a use of less restricted classification.

(3)

A vacant, nonconforming building or structure lawfully constructed may be occupied by use for which the building or structure was designated or intended, if so occupied within a period of one year after the effective date of this chapter, and the use of a nonconforming building or structure lawfully constructed which becomes vacant after the effective date of this chapter may also be occupied by the use for which the building or structure was designated or intended, if so occupied within a period of one year after the building becomes vacant.

(c)

Nonconforming use of land. Continuation of use.

(1)

The nonconforming use of land existing at the time of the effective date of this chapter may be continued, provided that no such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property, and provided that if such nonconforming use of land or any portion thereof is discontinued or changed, any future use of land or portion thereof shall be in conformity with the provisions of this chapter.

(2)

The nonconforming use of land as a single-family dwelling, two-family dwelling, or multifamily dwelling that was located within districts M-1, M-2, M-1A, or M-2A, on or before August 26, 2019, may be continued or expanded on the same land so long as any such nonconforming use is not abandoned.

(d)

Abandonment. A nonconforming use of any building, structure or land which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned:

(1)

When the intention of the owner to discontinue the use is apparent;

(2)

When the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within one year;

(3)

When a nonconforming building, structure or land or portion thereof which is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of one year; or

(4)

When it has been replaced by a conforming use.

(Ord. No. 2012-49, § 1(Exh. A), 9-10-12; Ord. No. 2023-30, § 2, 4-24-23)

2.4-1. The planning director or his/her designee shall administer and enforce this chapter, including the receiving of applications, the inspection of premises and the issuing of building permits and certificates of occupancy. No building permit or certificate of occupancy shall be issued except if the provisions of this chapter, and other pertinent adopted codes and ordinances, have been complied with.

2.4-2. Building permit. No person shall erect or construct or proceed with the erection or construction of any building or structure, nor add to, enlarge, move, improve, alter, repair, convert, extend or demolish any building or structure or cause the same to be done in any zoned district in the city without first applying for and obtaining a building permit therefore from the building official. All applications for such permits shall be in accordance with the requirements of this chapter and the building code for the city unless upon written order of the ZBA. No such building permit or certificate of occupancy shall be issued for any building where such construction, addition, alteration or use thereof would be in violation of any of the provisions of this chapter.

2.4-3. Powers and duties of the building official.

(a)

Cessation and revocation. Whenever any building work is being done contrary to the provisions of this chapter, the building official may order the work stopped and also revoke the building permit theretofore issued by notice in writing served on any person owning such property or their agent or on any person engaged in the doing or causing of such work to be done. Such person shall forthwith stop and cause to be stopped such work until authorized by the building official to recommence and proceed with the work or upon issuance of a building permit in those cases in which the building permit has been revoked. Such stop work order and revocation of permit shall be posted on work being done in violation of this chapter.

(b)

Discontinuing a use or occupancy. Whenever any building or portion thereof is being used or occupied contrary to the provisions of this chapter, the building official, code enforcement officer, or the planning director or designee may order such use or occupancy discontinued and the building or portion thereof vacated by notice served on any person using or causing such use or occupancy to be continued. Such person shall vacate such building or portion thereof within ten days after receipt of such notice, or make the building or portion thereof comply with the requirements of this chapter.

2.4-4. Certificate of occupancy.

(a)

Compliance. No vacant land shall be occupied or used except for agricultural purposes unless otherwise authorized by this chapter. No building hereafter erected or structurally altered shall be used or occupied until a certificate of occupancy shall have been issued by the building official stating that the building or proposed use thereof complies with the provisions of this chapter and all other existing building and sanitation ordinances.

(b)

Nonconforming use. No nonconforming use shall be maintained, renewed, changed or extended without a certificate of occupancy having first been issued by the building official.

(c)

Application in writing. Application for a certificate of occupancy shall be made in writing coincident with the application for a building permit, or may be directly applied for where no building permit is necessary and shall be issued or refused in writing within five days after the building official has been notified that the building or premises is ready for occupancy.

(d)

Record. The building official shall maintain a record of all certificates and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected.

(e)

Connections. No permanent water, sewer, electrical or gas utility connections shall be made to the land, building, or structure until and after a certificate of occupancy has been issued by the building official.

(f)

Temporary certificate of occupancy. Upon request of the owner or authorized representative, the building official may issue a temporary certificate of occupancy for the temporary use and occupancy of all of a building or a portion of a building prior to the completion and occupancy of the building, provided such temporary occupancy or use will not in any way or manner jeopardize life or property. Such temporary certificate may be issued for a period not exceeding six months. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners relating to the use or occupancy of the premises, or in any other matter covered by this chapter, and such temporary certificate shall not be issued except under such restrictions and provisions.

(Ord. No. 2012-49, § 1(Exh. A), 9-10-12; Ord. No. 2019-78, § 2, 11-11-19)