Palmer City Zoning Code
Division 1
Generally
§ 9.03.001 Purpose and intent.
This article is prepared under the authority of section 1, article 1011a, Vernon’s Civil Statutes of the State of Texas (as amended) to promote health, safety, and morals, and for the protection and preservation of places and areas of historical and cultural importance and significance, and the general welfare of the community. These zoning regulations are made in accordance with the spirit of the city comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote the general welfare of the community; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. These regulations are made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.
(Ordinance 999, sec. 12-1-1, adopted 1/18/11)
§ 9.03.002 Zoning administration.
(a)
The mayor is hereby designated by the city council as the administrative official to supervise the administration and enforcement of these regulations. The mayor may be provided with the assistance of such other persons or consultants as the city council may direct.
(b)
If the mayor finds that the provisions of this article are being violated, the person responsible shall be notified in writing and ordered to take action to remedy it. The mayor shall order the discontinuance of any illegal use of land, buildings or structures, the removal of any illegal buildings or structures or of any illegal additions, alterations or structural changes, [and] the discontinuance of any illegal work; or shall take any other action authorized by this article to insure compliance with or to prevent violation of these provisions.
(Ordinance 999, sec. 12-1-2, adopted 1/18/11)
§ 9.03.003 Interpretation and appeals.
It is the intent of this article that all questions of interpretation and enforcement shall be first presented to the mayor and that such questions shall be presented to the city council only on appeal from the decision of the mayor, and that recourse from the decisions of the city council shall be to the courts as provided by law.
(Ordinance 999, sec. 12-1-3, adopted 1/18/11)
§ 9.03.004 City council duties.
It is further the intent of this article that the duties of the city council in connection with this article shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated elsewhere in this article. Under this article the city council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this article, as provided by law, and of establishing a schedule of fees and charges as stated in section [9.03.005] below.
(Ordinance 999, sec. 12-1-4, adopted 1/18/11)
§ 9.03.005 Fees.
The city council shall, by ordinance, establish a schedule of fees and charges for the permits, certificates of occupancy, zoning change requests, zoning board of adjustment appeals and other matters pertaining to this article. The schedule of fees and charges may be altered or amended only by action of the city council. Until all applicable fees and charges have been paid in full, no action shall be taken on any zoning application or appeal.
(Ordinance 999, sec. 12-1-5, adopted 1/18/11)
§ 9.03.006 Building permits and certificates of occupancy.
(a)
Building permits required.
No building or other structure shall be erected, moved, added to, enclosed or structurally altered without a permit therefor, where applicable, and issued by the city secretary. No building permit shall be issued by the city secretary except in conformity with the provisions of this article, unless he or she receives a written order from the city council in the form of a special exception or variance as provided by this article.
(b)
Certificate of occupancy required for new, altered or changes in use or nonconforming uses.
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the city secretary stating that the proposed use of the principal building or land conforms to the requirements of this article.
(1)
No nonconforming building or use shall be maintained, renewed, changed or extended until a certificate of occupancy shall have been issued by the city secretary. The certificate of occupancy shall state specifically wherein the nonconforming use differs from the provisions of this article, provided that upon enactment or amendment of this article, owners or occupants of nonconforming uses or buildings shall have three months to apply for certificates of occupancy. Failure to make such application within three months shall be presumptive evidence that the property was in a nonconforming use at the time of enactment or amendment of this article.
(2)
No permit for erection, alteration, moving or structural repair of any building shall be issued until an application has been made for a certificate of occupancy, and the certificate shall be issued in conformity with the provisions of this article upon completion of the work.
(3)
A temporary certificate of occupancy may be issued by the city secretary for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that said temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.
(4)
The city secretary shall maintain a public record of all certificates of occupancy.
(5)
Failure to obtain a certificate of occupancy shall be a violation of this article and punishable by fine.
(c)
Construction and use to be as provided in applications, plans, permits, and certificates of occupancy.
Building permits or certificates of occupancy issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement or construction set forth in such approved plans and applications, and any other construction, use, arrangement or construction at variance with that authorized shall be deemed a violation of this article and punishable by fine.
(Ordinance 999, sec. 12-1-6, adopted 1/18/11)