Overton City Zoning Code
PART III
ADMINISTRATIVE PROVISIONS SECTION
§ 19 OFFICIAL ZONING MAP.
The official Zoning Map shall be kept in the office of the City Secretary and one (1) copy shall be maintained in the office of the Building Inspector.
It shall be the duty of the City Secretary to keep the Official Map current and the copies thereof, herein provided for, by entering on such maps any changes which the City Council may from time to time order by amendments to the Zoning Ordinance and Map.
The City Secretary, upon the adoption of this Ordinance shall affix a certificate identifying the map in his office as the Official Zoning Map of the City. He shall likewise officially identify the copies directed to be kept by the Planning Commission and in the office of the Building Inspector. All amendments of the Map shall be made immediately after their enactment and the date of the change shall be noted on the Certificate.
(Ordinance 2014-10-07A adopted 10/7/14)
§ 20 ENFORCEMENT AND APPLICATION.
20.01
ADMINISTRATIVE OFFICIAL.
The provisions of this Ordinance shall be administered and enforced by the Building Inspector[.]
The Building Inspector or any duly authorized person shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises necessary to carry out his duties in the enforcement of this Ordinance.
Whenever any construction work is being done contrary to the provisions of this Ordinance, the Building Inspector may order the work stopped by notice in writing served on the owner or contractor doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the Building Inspector to proceed with the work.
20.02
REQUIREMENTS FOR BUILDING PERMIT.
All applications for building permits shall be accompanied by accurate plot plans, submitted in duplicate, drawn to scale, showing:
1.
The actual shape and dimensions of the lot to be built upon.
2.
The exact sizes and locations on the lot of the buildings and accessory buildings then existing.
3.
The lines within which the proposed building and structure shall be erected or altered.
4.
The existing and intended use of each building or part of building.
5.
The number of families or dwelling units the building is designed to accommodate.
6.
Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this Ordinance, or if provisions of Section 9 and 16 have been complied with.
One copy of such plot plans will be returned to the Owner when such plans have been approved. An inspection of as long as two weeks may be required for inspection of plans before a permit is issued. |
All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey by a qualified registered surveyor and the lot shall be staked out on the ground before construction is started. |
20.03
APPROVAL OF PLANNED DEVELOPMENT PLANS.
1.
Where, in the district regulations, approval is required of a Planned Development Plan, hereinafter referred to and known as the “Plan” no building permit for the construction or alteration of any structure or an occupancy permit for use of any land or building shall be issued until the final development “Plan” of all the property in the immediate area, owned or controlled by the developer and upon which the proposed uses or structures are to be located, shall have been approved by the Planning Commission and City Council.
2.
A “Plan” shall consist of a copy of the preliminary plat and/or a general plan at a scale not less than 200 feet to the inch, which shows the exact dimensions of the tract of land under consideration, its relationship to existing and proposed major streets, the type of use of all adjacent property, and the exact land use proposed for the entire tract. Scaled dimensions shall be required. Three (3) copies of the “Plan” shall be submitted to the City Planning Commission. If the platting requirements of the City Planning Commission or other unforeseen circumstances necessitate a modification or change on any “Plan,” such modification or change shall be indicated on a “Plan” and sent to the applicant. Approval of the “Plan” shall be indicated by the signature of the Chairman and Secretary of the Planning Commission and City Council. A written certification of such approval shall be sent to the applicant.
3.
Approved preliminary “Plans” may be amended by the same procedure by which they were first approved.
4.
The content of the final “Plan” and the approval procedure shall be the same as specified for the preliminary “Plan” in Subsection 20.03(2).
5.
Upon approval of a final “Plan” by the City Council the location and limits of area shall be shown by symbol upon the City’s up-to-date Zoning District Map.
6.
Approved final “Plans” may be amended by the same procedure by which they were first approved.
20.05
PRESERVING RIGHTS IN PENDING LITIGATION AND VIOLATIONS UNDER EXISTING ORDINANCES.
By the passage of this Ordinance no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a conforming use. Otherwise such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further intent and declared purpose of this Ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, shall be discharged or affected by the adoption of this Ordinance; but prosecutions and suits for such offenses, liabilities, penalties of [or] forfeitures may be instituted or causes presently pending be proceeded with in all respects as if such prior Ordinance had not been repealed.
20.06
COMPLETION OF AUTHORIZED BUILDINGS.
Nothing in these regulations nor in any amendments hereto which change district boundaries shall require any change in the plans, construction or designated use of a building which shall be completed in its entirety within two (2) years from the date of the passage of this Ordinance, provided such building was authorized by building permit before the passage of this Ordinance and further provided construction shall have been started within ninety (90) days of the passage of this Ordinance.
Commitments with reference to construction of public utility buildings necessary for proposed expansion of the City made prior to the passage of this Ordinance shall be observed.
20.07
NEWLY ANNEXED AREAS.
1.
Zoning Annexed Areas:
Hereafter, when the boundaries of the City of Overton have been extended so as to include any given area, such area shall be temporarily placed in an “AO” zone or district; and, until the Planning and Zoning Commission has made its recommendation to the City Council that all or a part of such area be placed in a different district or zone and this ordinance has been properly amended by the City Council, such areas shall be subject to the regulation pertaining to the “AO” District. The procedure to be followed for adoption shall be the same as is provided by law for the adaptation of original zoning regulations.
2.
Permits in Temporary Zoned Areas:
In an area temporarily classified as District “AO”, Agricultural-Open Space, no permit for the construction of a building or use of land other than types of buildings or land use allowed in said district under this Zoning Ordinance shall be issued by the Building Inspector until such permit has been specifically authorized by the City Council after receipt of recommendation from the Planning Commission. Permits for the construction of buildings in a newly annexed territory prior to permanent zoning may be authorized under the following conditions. An application for any use shall be made to the Building Inspector, said application to show the use contemplated, and a plat showing the size and type of buildings to be constructed; and if such application is for other than a building allowed in District “AO”, Agricultural-Open Space, it shall be referred to the Planning Commission for recommendation to the City Council, which shall grant or deny the permit; provided that a favorable vote of a three-fourths (3/4) majority of all members of the City Council shall be required if the recommendation of the Planning Commission is not followed.
3.
Unplatted Property:
The Planning Commission shall not approve any plat or any subdivision within the city limits until the area covered by the proposed plat shall have been permanently zoned by the City Council.
(Ordinance 2014-10-07A adopted 10/7/14)
§ 21 BOARD OF ADJUSTMENT.
The word “Board” when used in this Ordinance shall be construed to mean the Board of Adjustment.
21.01
ORGANIZATION AND PROCEDURE.
1.
Establishment:
A Board of Adjustment is hereby established in accordance with the provisions of Article 1011g, Revised Civil Statutes of Texas, regarding the Zoning of cities and with the powers and duties as provided in said Statutes.
2.
Membership:
The Board shall consist of five citizens, each to be appointed or re-appointed by the Mayor and confirmed by the City Council, for staggered terms of two years respectively. At least one member of the Board shall be a member of the City Planning Commission and his term shall expire at the same time as his term on such Commission. Each member of the Board shall be removable for just cause by City Council upon written charges and after public hearings. Vacancies shall be filled by the City Council for the unexpired term of any member whose term becomes vacant, provided, however, that the governing body of any city may, by charter provision or ordinance, provide for the appointment of four (4) alternate members of the Board of Adjustment who shall serve in the absence of one or more regular members when requested to do so by the Mayor or City Manager, as the case may be. All cases to be heard by the Board of Adjustment will always be heard by a minimum of four (4) members. These alternate members, when appointed, shall serve for the same period as the regular members and any vacancies shall be filled in the same manner and shall be subject to removal as the regular members. The Board shall elect its own chairman, who shall serve for a period of one (1) year or until his successor is elected.
3.
Meetings:
Meetings of the Board shall be held at the call of the chairman and at such times as the Board may determine.
4.
Hearings:
The hearings of the Board of Adjustment shall be public; however, the Board may go into executive session for discussion but not for a vote on any case before it. The Board shall hear the intervention of any owner of property adjacent to, in the rear of, or across the street from a lot as to which the granting of any building permit is pending, and shall also hear any other parties in interest. All hearings are to be heard by at least four (4) members of the Board.
5.
Rules and Regulations:
The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. The Board of Adjustment shall act by resolution in which four (4) members must concur. The Board shall adopt from time to time such additional rules and regulations as it may deem necessary to carry into effect the provisions of the Ordinance, and shall furnish a copy of the same to the Building Inspector, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and orders shall be in accordance therewith.
21.02
APPEALS.
1.
Procedure:
Appeals may be taken to and before the Board of Adjustment by any person aggrieved, or by any officer, department, board or bureau of the City. Such appeal shall be made by filing with the office of the Board a notice of appeal and specifying the grounds thereof. The office or department from which the appeal is taken shall forthwith transmit to the Board of Adjustment all of the papers constituting the record upon which the action appealed from was taken.
2.
Stay of Proceedings:
An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector shall certify to the Board of Adjustment that by reason of facts in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of equity, after notice to the office from whom the appeal is taken and on due cause shown.
3.
Notice of Hearing on Appeal:
The Board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of such hearing to the petitioner and to the owners of property lying within two hundred (200) feet [or] less street frontage of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the Board to be affected thereby, such owners and persons being determined according to the current tax rolls of the City and depositing of such written notice in the mail shall be deemed sufficient compliance therewith.
4.
Decision by Board:
The Board shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The Board may reverse or affirm, wholly or partly or may modify the order, requirements, decision, or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer or department from whom the appeal is taken.
21.03
POWERS AND DUTIES OF BOARD.
1.
Subpoena Witnesses, Etc.:
The Board shall have the power to subpoena witnesses, administer oaths, and punish for contempt, and may require the production of documents, under such regulations as it may establish.
2.
Appeals Based on Error:
The Board shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirements, decision or determination made by the Building Inspector in the enforcement of this Ordinance.
3.
Special Exceptions:
The Board shall have the power to hear and decide special exceptions to the terms of this Ordinance upon which the Board is required to pass as follows or elsewhere in this Ordinance.
(a)
Permit the erection and use of a building or the use of premises for railroads.
(b)
To permit a public utility or public service or structure in any district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety, or general welfare.
(c)
To grant a permit for the extension of a use, height or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership on the effective date of this Ordinance.
(d)
Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than fifty (50) percent of its fair market value, where the Board finds some compelling necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly.
(e)
Waive or reduce the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
(f)
Permit land within three hundred (300) feet of a multi-family dwelling to be landscaped, surfaced, and lighted for ground level parking spaces required in connection with a multi-family dwelling, but only when there is positive assurance that such land will be used for such purpose during the existence of the multi-family dwelling.
(g)
To determine whether an industry should be permitted within District “LI”, Light Industrial, and District “HI” Heavy Industrial, because of the methods by which it would be operated and because of its effect upon uses within surrounding zoning districts.
(h)
To determine in cases of uncertainty the classification of any use not specifically named in this Ordinance.
4.
Variances:
The Board shall have the power to authorize upon appeal in specific cases such variance from the terms of this Ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this Ordinance will result in unnecessary hardship, and so that the spirit of this Ordinance shall be observed and substantial justice done, including the following:
(a)
Permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare.
(b)
Authorize upon appeal, whenever a property owner can show that a strict application of the terms of this Ordinance relating to the construction or alterations of buildings or structures will impose upon him unusual and practical difficulties or particular hardship, such variances from the strict application of the terms of this Ordinance as are in harmony with its general purpose and intent, but only when the Board is satisfied that a granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance from the comprehensive plan as established by this Ordinance, and at the same time, the surrounding property will be properly protected.
5.
Changes:
The Board shall have no authority to change any provisions of this Ordinance and its jurisdiction is limited to hardship and borderline cases which may arise from time to time. The Board may not change the district designation of any land either to a more restrictive or less restrictive zone.
(Ordinance 2014-10-07A adopted 10/7/14)
§ 22 CERTIFICATES OF OCCUPANCY.
22.01
REQUIRED FOR:
Certificates of occupancy shall be required for any of the following:
1.
Occupancy and use of a building hereafter erected or structurally altered.
2.
Change in use of an existing building to a use of a different classification.
3.
Occupancy and use of vacant land, except agricultural use.
4.
Change in the use of land to a use of a different classification.
5.
Any change in the use of a nonconforming use.
No such occupancy, use or change of use, shall take place until a Certificate of Occupancy therefor shall have been issued by the Inspector of Buildings. |
22.02
PROCEDURE FOR NEW OR ALTERED BUILDINGS.
Written application for a Certificate of Occupancy for a new building or for an existing building which is to be altered shall be made at the same time as the application for the Building Permit for such building. Said Certificate shall be issued within three days after a written request for the same has been made to said Building Inspector or his agent after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this Ordinance.
22.03
PROCEDURE FOR VACANT LAND OR A CHANGE IN USE.
Written application for a Certificate of Occupancy for the use of vacant land, or for a change in the use of land of a building, or for a change in a nonconforming use, as herein provided, shall be made to said Building Inspector. If the proposed use is in conformity with the provisions of this Ordinance, the Certificate of Occupancy therefor shall be issued within three (3) days after the application for same has been made.
22.04
CONTENTS.
Every Certificate of Occupancy shall state that the building or the proposed use of a building or land complies with all provisions of law. A record of all Certificates of Occupancy shall be kept in file in the office of the Building Inspector or his agent and copies shall be furnished on request to any person having proprietory or tenancy interest in the building or land affected.
22.05
TEMPORARY CERTIFICATE.
Pending the issuance of a regular certificate, a temporary Certificate of Occupancy may be issued by the Building Inspector for a period not exceeding six (6) months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificates shall not be construed as in any way altering the respective rights, duties or obligations, of the owners or of the City relating to the use or occupancy of the premises or any other matter covered by this Ordinance.
22.06
CERTIFICATES FOR NONCONFORMING USES.
A Certificate of Occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of this Ordinance. Application for such Certificate of Occupancy for a nonconforming use shall be filed with the Building Inspector by the owner or lessee of the building or land occupied by such nonconforming use within one (1) year of the effective date of this Ordinance. It shall be the duty of the Building Inspector to issue a Certificate of Occupancy for a lawful nonconforming use, but failure to apply for such Certificate of Occupancy for a nonconforming use, or refusal of the Building Inspector to issue a Certificate of Occupancy for such nonconforming use shall be evidence that said nonconforming use was either illegal or did not lawfully exist at the effective date of this Ordinance.
(Ordinance 2014-10-07A adopted 10/7/14)
§ 23 AMENDMENTS.
23.01
AUTHORITY.
Under the provision[s] of Article 1011e, the City Council may from time to time amend, supplement or change by Ordinance the boundaries of the districts or the regulations herein established.
23.02
SUBMISSION TO PLANNING COMMISSION.
In the event that the Planning Commission has recommended against a proposed amendment, supplement, change or modification in the boundaries of any zoning district, and such amendment or change has not been approved by the City Council as required above, such amendment, supplement change or modification in the boundaries of such zoning district shall neither be submitted nor considered for recommendation by the Planning Commission prior to the expiration of twelve (12) months from the date of the order or decisions by the Planning Commission recommending against such zone change, unless conditions pertaining to property considered in the original application and/or property in the area have in the opinion of the Planning Commission changed to such an extent as to justify a subsequent application prior to the expiration of twelve (12) months from the date of the original order or decision of the Planning Commission.
23.03
PUBLIC HEARING.
A public hearing shall be held by the City Council before adopting any proposed amendment, supplement, or change. Notice of such hearing shall be given by publication one (1) time in a paper of general circulation in the City, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the first date of publication.
23.04
IN CASE OF PROTEST.
Unless such proposed amendment, supplement or change has been approved by the Planning Commission or in case of a written protest against such changes, signed by the owners of twenty (20) percent or more either of the area of the lots or land included in such proposed change, or of the lots or land immediately adjoining the same and extending 200 feet therefrom, such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the City Council.
23.05
LIMITATION ON RESUBMISSION OF PETITION.
No amendment, supplement, change or repeal of any section of this Ordinance which has been legally rejected by both the City Council and the Planning Commission shall be again considered either by the City Council or the Planning Commission on an appeal or petition by an appellant or application before the expiration of one (1) year from the date of the original action.
(Ordinance 2014-10-07A adopted 10/7/14)
§ 24 SCHEDULE OF FEES, CHARGES AND EXPENSES.
The City Council shall establish a schedule of fees, charges, and expenses, and a collection procedure for building permits, certificates of zoning compliance, appeals, and other matters pertaining to this Ordinance. The schedule below shall be posted in the office of the administrative official, and may be altered or amended only by the City Council.
No permit, certificate, special exception or variance shall be issued unless and until all such costs, charges, fees, or expenses listed below have been paid in full, nor shall any action be taken on proceedings before the Board of Adjustment unless or until preliminary charges and fees have been paid in full.
For services rendered, the following schedule of fees and charges are hereby adopted:
(1)
For docketing a zoning petition with the Planning and Zoning Commission: $25.00
(2)
For docketing an application for relief with the Board of Adjustment of the City: $25.00
Editor’s note–Current community development/planning fees are listed in the fee schedule in appendix A of the Code of Ordinances.
No petition shall be docketed with the Planning and Zoning Commission unless and until a receipt from the Tax Assessor Collector of the City has been furnished to the Secretary of the said Commission showing that the fee provided for in this ordinance has been paid; and no application for relief shall be docketed with the Board of Adjustment of the City unless and until a receipt from the Tax Assessor Collector of the City is furnished the Secretary of said Board showing that the fee provided for has been paid. |
(Ordinance 2014-10-07A adopted 10/7/14)
§ 25 VIOLATIONS AND PENALTIES.
Any person violating any of the provisions of this Ordinance shall, upon conviction, be fined any sum not exceeding five hundred dollars ($500.00); and each day and every day that the provisions of this Ordinance are violated shall constitute a separate and distinct offense.
(Ordinance 2015-05-21A, secs. 1, 6, adopted 5/21/15)
§ 26 VALIDITY.
If any section, paragraph, subdivision, clause, phrase, or provision of this Ordinance shall be adjudged invalid or held unconstitutional the same shall not affect the validity of this Ordinance as a whole or any part of provisions thereof, other than the part so decided to be invalid or unconstitutional.
(Ordinance 2014-10-07A adopted 10/7/14)
§ 27 INTERPRETATION, PURPOSE AND CONFLICT.
In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum requirements for the promotion of the public safety[,] health, convenience, comfort, prosperity or general welfare. It is not intended by this Ordinance to interfere with or abrogate or annul any easement, covenants or other agreements between parties, provided, however, that where this Ordinance imposes a greater restriction upon the use of buildings, or premises or upon height of building or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provision of this Ordinance shall govern.
(Ordinance 2014-10-07A adopted 10/7/14)
§ 28 EFFECTIVE DATE.
This Ordinance shall become effective from and after the date of its approval and adoption as provided by law.
(Ordinance 2014-10-07A adopted 10/7/14)