126.6.1.1. Purpose. This section provides the city council the opportunity to deny or to conditionally approve those uses for which conditional use permits are required as indicated as conditional uses in each zoning district. These uses generally have unusual nuisance characteristics or are of a public or semipublic character often essential or desirable for the general convenience and welfare of the community. Because, however, of the nature of the use, the importance of the use's relationship to the comprehensive plan, or possible adverse impact on neighboring properties of the use, review, evaluation and exercise of planning judgment relative to the location and site plan of the proposed use are required.

126.6.1.2. Permits required. A building permit or certificate of occupancy shall not be issued for any use to be located in a zoning district which permits that use only as a conditional use unless a conditional use permit has first been issued in accordance with the provisions of this section with the exception of a structure and/or use allowed to continue as a nonconformity as described in section 126.6.5.

126.6.1.3. Application procedure. An application for a conditional use permit shall be filed with the building official. Upon receipt of an application, the public hearing and notification procedures prescribed in subsection 126.6.2.3 shall be followed. The application shall be accompanied by a site plan, which, along with the application, will become part of the conditional use permit, if approved. The accompanying site plan shall provide the following minimum information:

(a)

Data describing all processes and activities involved with the proposed use;

(b)

Boundaries of the area covered by the site plan;

(c)

The location of each existing and proposed building and structure in, the area covered by the site plan and the number of stories, height, roofline, gross floor area and location of building entrances and exits;

(d)

The location of existing drainage ways, and significant natural features;

(e)

Proposed landscaping and screening buffers;

(f)

The location and dimensions of all curb cuts, public and private streets, parking and loading area, pedestrian walks, lighting facilities and outside trash storage facilities;

(g)

The location, height and type of each wall, fence, and all other types of screening;

(h)

The location, height and size of all proposed signs;

(i)

Bearings, and street frontage of the property;

(j)

Screening, lighting, and landscaping;

(k)

A traffic impact analysis as may be required in the sole discretion of the public works director; and

(l)

Any other information the planning and zoning commission determines necessary for a complete review of the proposed development.

126.6.1.4. Conditions of approval. A conditional use permit shall be issued only if all of the following conditions have been found:

(a)

The conditional use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair the normal and orderly development and improvement of surrounding property;

(b)

The use will not be detrimental to the public health, safety or welfare;

(c)

Adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided;

(d)

The design, location and arrangement of all driveways and parking spaces provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments;

(e)

Adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration;

(f)

Directional lighting will be provided so as not to disturb or adversely affect neighboring properties;

(g)

There are sufficient landscaping and screening to insure harmony and compatibility with adjacent property;

(h)

The location and size of the use, the nature and intensity of the operations involved and the size of the site in relation to it shall be in harmony with the orderly development of the district;

(i)

The location, nature, and height of buildings, walls and fences shall be such as will not discourage the permitted use of adjacent land and buildings;

(j)

No conditional use shall be more objectionable to nearby properties by reason of noise, fumes, vibrations, or lights than any other use allowable without permit under the provisions of this chapter; and

(k)

The proposed use is in accordance with the comprehensive plan.

In authorizing a conditional use permit, the city council may impose additional reasonable conditions necessary to protect the public interest and welfare of the community.

126.6.1.5. Time limit. A conditional use permit issued under this section shall expire two years after its date of issuance if construction or use authorized thereunder is not substantially under way prior to the expiration of said two-year period; however, if, prior to the expiration of such two-year period, the owner of property to which a conditional use permit applies requests, in writing, an extension thereof, the city council, after recommendation from the planning and zoning commission, may approve such extension for not more than two additional years.

126.6.1.6. Revocation. A conditional use permit may be revoked or modified, after notice and hearing, for either of the following reasons:

(a)

The conditional use permit was obtained or extended by fraud or deception;

(b)

One or more of the conditions imposed by the permit has not been met or has been violated.

126.6.1.7. Amendments. The procedure for amendment of a conditional use permit shall be the same as for a new application, provided, however, that the building official may approve minor variations from the original permit which do not increase density, change traffic patterns or result in any increase in external impact on adjacent properties or neighborhoods.

126.6.1.8. District changes. Conditional use permits shall not be considered zoning district changes.

126.6.1.9. Expiration. A conditional permit shall be deemed to authorize only one particular use and shall expire if the conditional use shall cease for more than six months for any reason.

126.6.1.10. Existing violations. No conditional permit shall be issued for a conditional use for an existing building which is in violation of any provision of this chapter with the exception of a use allowed in accordance with section 126.6.5. No existing structure and/or use allowed to continue as a nonconformity shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered without applying for and receiving a conditional permit for the portion of the structure and/or use being enlarged or altered.

126.6.1.11. Processing fee. A processing fee shall be required for the processing of each conditional use permit request.

(Ord. No. 2015-03, § II, 3-12-2015)

126.6.2.1. Purpose. The planning and zoning commission has been established for the purpose of preparing, updating and implementing a comprehensive plan or other specific plans through various means such as zoning, subdivision, annexation, and other related techniques. The city council shall have final authority on all conditional use permits, subdivisions, replats, and modification of zoning district boundaries.

126.6.2.2. Application procedures. Application for all zoning district changes, conditional use permits, annexations, initial zonings and zoning text amendments shall be submitted to the city council. Any landowner or governmental agency may submit an application.

126.6.2.3. Public hearing and notice requirements. Upon receiving an application for a zoning district change, zoning text amendment, future land use plan change, conditional use permit, or initial zoning, City staff shall review the application for conformance with applicable requirements. When notice is required by the V.T.C.A. Local Government Code, § 211.006 or by any other provisions of the Texas Local Government Code prior to a public hearing being held by the city council or the planning and zoning commission regarding zoning regulations and/or zoning district boundaries, city staff may prescribe the type of notice to be given of the date and time and place of a public hearing by the city council and/or the planning and zoning commission. Upon completion of the review of an application, city staff shall schedule a public hearing with the planning and zoning commission and shall provide written notice of the public hearing to the applicant and to all persons who own property within 200 feet of the proposed property. Such notice shall be given not less than ten days before the date set for the public hearing by depositing in the mail such notice, properly addressed and postage paid, to each taxpayer as the ownership appears on the last approved city tax roll. A notice of the public hearing shall be published once in a newspaper of general circulation in the city. Such notice shall state the time, place, and nature of such public hearing and such public hearing shall not be held earlier than 15 days from the date of publication of the notice. Concurrently with the scheduling of the public hearing for the planning and zoning commission, city staff shall also schedule a public hearing for the city council in accordance with the same notification procedures prescribed for the public hearing by the planning and zoning commission. At their meeting at which the public hearing is conducted, the planning and zoning commission, subsequent to the public hearing, shall make a recommendation regarding the application that will be forwarded to the city council. The city council, at their meeting at which a public hearing has been scheduled, shall conduct a public hearing to consider the application and the recommendation of the planning and zoning commission; subsequent to the public hearing, the city council shall make a determination as to whether to approve or deny the application request. The city council has final approval authority and may use the recommendation of the planning and zoning commission to determine whether to approve or deny the application request. If there is a protest filed with the city secretary against such proposed amendment, supplement or change, duly signed by the owners of 20 percent, or more, either of the lots or land included in the proposed change or of the lots or land immediately adjoining the same and extending 200 feet therefrom, such proposed amendment, supplement or change shall not become effective except by a four-fifths vote of all of the members of the city council.

126.6.2.4. Resubmittal of application. An application for a zoning district change or conditional use permit shall not be resubmitted or reconsidered for a period of one year after it has been denied by the city council, except application may be made for a different zoning district change or conditional use permit for the same property six months after such a previous action has been taken. In addition, any reapplication for a different zoning district change or conditional use permit shall be permitted if an additional double fee is charged.

126.6.2.5. Annual report required. On or before the first day of February of each year, the planning and zoning commission shall produce and disseminate to the city council and the citizens of the city, a report on the activities of the commission during the past year. Said report shall include, but shall not be limited to:

(a)

The status of the city's comprehensive plan, including activities directly related to the implementation of the plan;

(b)

The number, nature, location, and record of approvals/denials of requests for amendments to the zoning ordinance text and map;

(c)

The number, nature, location, and record of approvals/denials of requests for conditional use permits; and

(d)

The number, nature, location, recommendations and record of approvals/denials of requests for subdivision plats.

(Ord. No. 2015-03, § II, 3-12-2015)

126.6.3.1. Establishment. A zoning board of adjustment has been established in accordance with the provisions of V.T.C.A., Local Government Code § 211.008, regarding the zoning of cities and with the powers and duties as provided in said code. The board of adjustment, in appropriate cases and subject to appropriate conditions and safeguards, is authorized to make special exceptions to the terms of this chapter that are consistent with the general purpose and intent of the chapter and in accordance with any applicable rules contained in the chapter.

The zoning board of adjustment shall consist of five members, each to be appointed by the city council for a term of two years and removable for cause by the appointing authority upon written charges and after public hearing. Vacancies will be filled for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment was made. Three members shall serve until January 1 of odd-numbered years, as heretofore appointed, and two members, as heretofore appointed, will serve until January 1 of even-numbered years, and thereafter each member reappointed or each new appointee will serve for a full term of two years unless removed as hereinabove provided. The city council may also appoint four alternate members of the board who will serve in the absence of one or more of the regular members when requested to do so by the chairman of the board, so that all cases to be heard by the board will always be heard by a minimum number of four members. These alternate members, when appointed, will serve for the same period as the regular members, for a term of two years, and any vacancy will be filled in the same manner and they will be subject to removal by the same means and under the same procedures as the regular members.

126.6.3.2. Hearings. The hearings of the board will be public. Public notice will be given, including mail notice to all identified parties and interests listed below, no less than ten days before the hearing. The board will hear the testimony of any owner of property adjacent to, in the rear of, across the street, or within 200 feet from a lot as to which the granting of any permit is pending, and will also hear any other parties that are on the current tax rolls of the city. All hearings are to be heard by at least four members of the board.

126.6.3.3. Meetings. Regular meetings of the board will be held at such times as the board may determine. Special meetings of the board will be held at the call of the chairman or at the written request of two regular members of the board; said request to be submitted to the chairman.

126.6.3.4. Rules and regulations. The board will 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 will keep records of its examinations and other official actions, all of which will be immediately filed in the office of the board and will be public record. The board shall act by resolution in which four members must concur. The board will adopt from time to time such additional rules and regulations as it may deem necessary to carry into effect the provisions of the chapter, and will furnish a copy of the same to the zoning administrator and the building inspector, all of which rules and regulations will operate uniformly in all cases. All of its resolutions and orders will be in accordance therewith.

Each member of the board will attend no less than 75 percent of the regular meetings called by the officers of the board. The secretary of the board will make a quarterly report to the mayor and city council showing the attendance of each member of the board. Any representative failing to attend 75 percent of the regular meetings legally called during any calendar year without an excused absence, as determined by a majority vote of the board members, may be disqualified for service on the board and shall be replaced with a new board member by vote of the city council. Should any member of the board move from the city or otherwise become disqualified for any reason, he/she will be deemed to have vacated the office.

There shall be no limit on the number of terms a member may serve, provided the member is reappointed by the city council.

126.6.3.5. Powers and duties. The board will have the power to hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the building official of the city, or the planning and zoning commission, in the enforcement of this chapter.

It is the intent of this article that all questions of interpretation and enforcement shall be first presented to the building official. Then, such questions shall be presented to the Board only on appeal from the decision of the building official.

The concurring vote of four members of the board is necessary to:

(a)

Reverse an order, requirement, decision or determination of the building official;

(b)

Decide in favor of an applicant on a matter on which the board is required to pass; or

(c)

Authorize a variation from the terms of a zoning ordinance.

126.6.3.6. Procedure. Appeals may be taken to and before the zoning board of adjustment by any person aggrieved, or by any officer, department, board or bureau in the city. Such appeal shall be made by filing with the office of the board a notice of appeal and specifying the grounds thereof. An appeal requesting a variance to any front yard, side yard, and/or rear yard setback requirements shall only be accepted in conjunction with the submission of construction plans for a structure(s) on the lot for which such a variance is being requested. The office or department from which the appeal is taken shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken.

An appeal shall stay all proceedings in furtherance of the action appealed from unless the building official shall certify to the zoning board of adjustment that, by reason of facts in the certificate, a stay would 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 or by a court of equity, after notice to the office from whom the appeal is taken.

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 200 feet 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. Depositing of such written notice in the mail shall be deemed sufficient compliance therewith.

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.

Recourse from the decisions of the zoning board of adjustment shall be to the courts as provided by the laws of the state.

126.6.3.7. Reapplications. When the board has denied a proposal no new applications of similar nature for the same lot shall be accepted by the board or scheduled for 12 months after the date of board denial. Applications that have been withdrawn at or before the board meeting, or board action thereon, may be resubmitted at any time for hearing before the board in accordance with the procedures set forth in subsection 126.6.3.3 and payment of all applicable and required fees.

126.6.3.8. Changes. The board shall have no authority to change any provisions of this chapter and its jurisdiction is limited to hardship cases that may arise from time to time. The board may not change the district designation of any land either to a more or less restrictive zone.

126.6.3.9. Annual report required. On or before the first day of February of each year, the zoning board of adjustment shall produce and disseminate to the city council and the citizens of the city a report on the activities of the commission during the past year. Said report shall include, but shall not be limited to:

(a)

The number, nature, location, and record of approvals/denials of requests for zoning ordinance text and map interpretations;

(b)

The number, nature, location, and record of approvals/denials of requests for variances; and

(c)

The number, nature, location, and record of approvals/denials of recommended requests for subdivision plats.

(Ord. No. 2015-03, § II, 3-12-2015)

126.6.4.1. Powers. The board shall have the power to authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter 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 the provisions due to an irregular shape of the lot or 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 chapter 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 chapter as are in harmony with its own general purpose and intent, but only when the board is satisfied that 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 chapter and at the same time, the surrounding property will be properly protected; and

(c)

Carry out all duties assigned to it in the section on nonconformities, below.

(Ord. No. 2015-03, § II, 3-12-2015)

126.6.5.1. Nonconforming lots, structures, uses and characteristics of uses. Within the districts established by this chapter or amendments that may later be adopted there exist:

(a)

Lots;

(b)

Structure;

(c)

Uses of land and structures; or

(d)

Characteristics of use;

which were lawful before the effective date of this chapter, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendment. It is the intent of this chapter to permit these nonconformities to continue until they are removed or comply with the terms of this chapter but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. It is not the intent of this chapter to authorize, and this chapter shall not be construed to authorize, uses that constitute public or private nuisances or are otherwise prohibited by law or regulations.

Nonconforming uses are declared by this chapter to be incompatible with, or not within the meaning of, permitted uses in the district in which they are located. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land in combination shall not be extended or enlarged after passage of this chapter by attachment or additions on a building or premises or by placement of additional signs intended to be seen from off premises or by the addition of other uses, of a nature which would not be permitted generally in the district involved. To be considered legally nonconforming, all nonconforming lots, structures and uses must apply for a certificate of occupancy indicating a nonconforming status within 90 days of the effective date of this chapter.

126.6.5.2. Construction activities. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been carried on diligently according to the city's building official and within the timeframe outline in the required permits. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation, demolition, or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation, demolition, or removal shall be deemed to be actual construction, provided that work shall be carried on diligently as determined by the city's building official.

126.6.5.3. Nonconforming lots of record. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record as of the effective date of this chapter. Such lots must be in separate ownership. This provision shall apply even though such lots fail to meet the requirements for the area, width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area, width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the board of adjustment.

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements established for lot width and area, the land involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter.

126.6.5.4. Continuance of nonconformities. After the effective date of this chapter, the nonconformity may be continued so long as it remains otherwise lawful, subject to the following provisions:

(a)

No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, on to or with the same lot, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;

(b)

Any nonconforming use may be extended throughout any parts of a building that were manifestly arranged or designed for such use at the time of adoption of this chapter, but no such use shall be extended to occupy any land outside such building.

(c)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed;

(d)

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for 18 months during any three-year period (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located;

(e)

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 50 percent of the replacement cost at time of destruction;

(f)

An existing structure and/or use permitted in a district for which a conditional use permit is later required by this chapter or its amendments shall be allowed to continue in accordance with section 126.1.10. No structure and/or use allowed to continue as a nonconformity shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered without applying for and receiving a conditional permit for the portion of the building and/or use being enlarged or altered.

126.6.5.5. Repairs and maintenance. On any nonconforming structure or portion of a structure, or conforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on repairs to an extent not exceeding 25 percent of the current replacement cost of the nonconforming structure or portion of the structure, provided that the enclosed area existing when it became nonconforming shall not be increased and there are no structural alterations.

126.6.5.6. Other uses not nonconforming uses. Any use which is permitted as a conditional use or previously receiving a valid variance, prior to the effective date of this chapter and in compliance with all requirements of this chapter shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.

126.6.5.7. Addition of third electric meter deemed nonconforming use. The addition of a third electric meter to an accessory structure or accessory building or to a principal structure but used by an accessory structure or accessory building within any residential district shall deem the principal and accessory structure as nonconforming and will require the electric meter serving the accessory structure or accessory building to be removed.

(Ord. No. 2015-03, § II, 3-12-2015)

126.6.6.1. Building permits required. No building or other structure shall be erected, moved, added to, or structurally altered without a permit issued by the building official in accordance with the provisions of the city Charter. No building permit shall be issued by the building official except in conformity with the provisions of this chapter unless he receives a written order from the board of adjustment in the form of an administrative review or variance as provided by this chapter.

126.6.6.2. Applications. Applications for building permits must be in strict compliance with the provisions set forth in the ordinances of the city. All applications for building permits, made upon a prescribed form, shall be accompanied by plans in triplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of all structures already existing, if any, and the location and dimensions of the proposed structure or alteration. The application shall include such other information as lawfully may be required by the building official, including existing or proposed building or alterations; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this chapter.

The application shall be accompanied by a site plan that should provide the following minimum information:

(a)

Boundaries of the area covered by the site plan;

(b)

Location of each existing and proposed building and structure in the area;

(c)

The location of existing drainage ways and significant natural features;

(d)

Proposed landscaping and screening buffers;

(e)

The location and dimensions of all curb cuts, public and private streets, parking and loading areas, pedestrian walks, lighting facilities, and outside storage facilities;

(f)

The location, height and type of each wall, fence and all other types of screening; and

(g)

The location, height and size of all proposed signs.

Of the three copies of the plans originally submitted, one copy of the plans shall be returned to the applicant by the building official, after he or she shall have marked such copy either as approved or disapproved and attested to it by his signature on such copy. The original and one copy of the plans, similarly marked, shall be retained by the building official. In case the applicant desires to appeal from the building official's refusal to issue the permit, the latter shall assist the applicant in the preparation of an appeal.

126.6.6.3. Certificates for new, altered, or nonconforming uses. It shall be unlawful to use or occupy or permit the use or occupancy of any structure, land, or part thereof hereafter created, erected, converted, altered or enlarged in its use or dimensions until a certificate of occupancy shall have been issued by the building official stating that the proposed use of the structure or land conforms to the requirements of this chapter.

No nonconforming structure or use shall be maintained, renewed, or changed until the building official shall have issued a certificate of occupancy. The certificate of occupancy shall state specifically how the nonconformity differs from the provisions of this chapter, provided that upon enactment of this chapter, owners or occupants of nonconformities shall have 90 days to apply for certificates of occupancy. Failure to make such application within 90 days shall be presumptive evidence that the property was an illegal nonconformity at the time of enactment or amendment of this chapter.

No permit for erection, alteration, moving, or 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 conformance with the provisions of this chapter upon completion of the work.

The building official may issue a temporary certificate of occupancy for a period not to exceed six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.

The building official shall maintain a record of all certificates of occupancy, and a copy shall be furnished upon request to any person.

Failure to obtain a certificate of occupancy shall be a violation of this chapter and punishable under the penalty section of this chapter.

126.6.6.4. Expiration of building permit. If the work described in any building permit has not begun within 180 days from the date of issuance thereof, said permit shall expire; the administrative official shall cancel it, and written notice thereof shall be given to the persons affected.

If work described in any building permit has not been substantially completed within one year of the date of issuance, said permit shall be cancelled by the administrative official, and written notice shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new building permit has been obtained.

126.6.6.5. Construction and use to be as provided in application, plans, permits and certificates. Building permits or certificates of occupancy issued on the basis of plans and applications approved by the building official authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction, as further stipulated in ordinances adopted by the city. Use, arrangement, or construction at variance with that authorized shall be a violation of this chapter, and punishable as provided the penalties section below.

126.6.6.6. Fees. Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for building permits, sign permits, conditional use permits, variances and other administrative relief. The amount of the fees charged shall be as set forth in the city's budget or as established by resolution of the city council filed in the office of the city secretary.

Fees established in accordance with the above paragraph shall be paid upon submission of a signed application or notice of appeal.

(Ord. No. 2015-03, § II, 3-12-2015)

126.6.7.1. Penalty for violations. Any person violating any of the provisions of this chapter or who shall build or alter any building in violation of any detailed statement or plan submitted and approved under this chapter, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not more than $2,000.00 and each day such violation continues or exists shall constitute a separate offense. The owner of any building or premises, or part thereof, where anything in violation of this chapter shall be placed or shall exist and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation, shall be guilty of a separate offense, and upon conviction thereof be fined as provided in this section.

(Ord. No. 2015-03, § II, 3-12-2015)

126.6.8.1. Parts invalid. If any portion of this chapter is found to be invalid, all remaining parts of this chapter shall remain in force; the provisions of this chapter are severable.

(Ord. No. 2015-03, § II, 3-12-2015)

126.6.9.1. Authorized; notice. The city council may, from time to time, amend, supplement or change by ordinance the boundaries of the districts established in this chapter, or the regulations contained herein. The city council shall give notice to the citizens of the city of such proposed amendment, supplement, or change and of a public hearing to be held in connection therewith, by publication in the official paper of the city. Such notice shall state the time, place and nature of such public hearing and such hearing shall not be held earlier than 15 days from the date of publication of the notice.

126.6.9.2. Hearing; protests. The city council shall thereafter and in accordance therewith hold such public hearing. If there is a protest filed with the city secretary against such proposed amendment, supplement or change, duly signed by the owners of 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 proposed amendment, supplement or change shall not become effective except by a four-fifths vote of all of the members of the city council.

(Ord. No. 2015-03, § II, 3-12-2015)

No provisions of this chapter shall be held to repeal any other ordinance or any provision thereof except where in direct conflict with any section of this chapter, and the provisions of this chapter shall be held cumulative of other ordinances with reference to matters contained in this chapter, except in cases of conflict, in which event the provisions of the more restrictive ordinance requirements shall prevail.