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Rhome City Zoning Code

II ADMINISTRATION

SECTION 7 NONCONFORMING USES AND STRUCTURES

  1. INTENT OF PROVISIONS:
    1. Within the districts established by this Ordinance or amendments thereto, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this Ordinance was enacted but which do not now conform to the regulations of the district in which they are located. It is the intent of this Ordinance to permit such nonconforming uses to continue, as long as the conditions within this section and other applicable sections are met.
    2. It is further the intent of this ordinance that nonconforming uses shall not be enlarged upon, expanded or extended, and not be used as a basis for adding other structures or uses prohibited elsewhere in the same district.
    3. Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.
  2. NONCONFORMING STATUS:

    Any use, planned lot, or structure that does not conform to the regulations of the zoning district in which it is located shall be deemed a nonconforming use or structure when:
    1. Such use, platted lot, or structure was in existence and lawfully operating at the time of the passage of the previous ordinance passed February 27, 1986 or this ordinance on June 16, 1999, and has since been in regular and continuous use; or
    2. Such use, platted lot, or structure is a lawful use at the time of the adoption of any amendment to this ordinance but by such amendment is placed in a district wherein such use, platted lot, or structure is not otherwise permitted and has since been in regular and continuous use; or
    3. Such use, platted lot, or structure was in existence at the time of annexation to the City and has since been in regular and continuous use.
  3. CONTINUING LAWFUL USE OF PROPERTY AND EXISTENCE OF STRUCTURES:
    1. The lawful use of land or lawful existence of structures at the time of the passage of this Ordinance may be continued; but if said nonconforming use or structure is discontinued or abandoned, any future use of said premises shall be in conformity with the provisions of this Ordinance.
    2. Discontinuance of a nonconforming use shall consist of the actual act or date of discontinuance. Abandonment of a nonconforming structure shall consist of the act or date of abandonment.
    3. When a nonconforming use or structure that does not meet the development standards in this Ordinance ceases to be used in such manner as stated in subsection C,2 for a period of six (6) months, such use shall not be resumed and proof of such event shall constitute prima facie evidence of an act of abandonment except as allowed in Subsection E. Any nonconforming use which does not involve a permanent type of structure or operation and which is moved from the premises is to be considered to have been abandoned.
    4. No nonconforming use or structure may be expanded, reoccupied with another nonconforming use, or increased as of the effective date of this ordinance except as provided in Subsection E.
    5. Conforming single-family residential uses on platted lots approved prior to this ordinance, which may now be nonconforming due to stricter standards, shall be deemed in conformance with this ordinance as long as the use of the lot is allowed in the respective district. Only the lot size, depth, setbacks and width shall be allowed to be less than the regulations prescribed in the zoning district in which it is located. All other regulations of this ordinance shall be met or the lot shall be considered [nonconforming].
  4. CHANGING NONCONFORMING USES:
    1. Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not be changed back to a nonconforming use.
    2. Where a conforming use is located in a nonconforming structure, the use may be changed to another nonconforming use by the process outlined in Subsection E below.
    3. A nonconforming use may not be changed to another nonconforming use.
  5. EXPANSION OF NONCONFORMING USES AND BUILDINGS:

    An expansion of a nonconforming use or structure is allowed in accordance with the following:
    1. A nonconforming use located within a building may be extended throughout the existing building, provided;
      1. No structural alteration may be made on or in the building except those required by law to preserve such building in a structurally sound condition.
      2. The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing at the time said use became a nonconforming use.
    2. No nonconforming use within a building may be extended to occupy any land outside the building.
    3. No nonconforming use of land or building shall be enlarged, increased, or extended to occupy a greater area of land than was occupied at the time the land became a nonconforming use, except to provide off-street loading or off-street parking space.
    4. The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts except that a lot having less area than herein required, which was an official “lot of record” prior to the adoption of this Ordinance, may be used for a single-family dwelling.
    5. Buildings or structures that do not conform to the area regulations or development standards in this Ordinance shall not increase the gross floor area greater than ten percent (10%).
    6. A building or structure that does not meet current area regulations or development standards may be reoccupied with a conforming use and without any expansion upon approval of a parking provision plan denoting the type of parking lot, circulation, and number of spaces. This plan shall be approved by staff prior to the issuance of a Certificate of Occupancy.
    7. A conforming use in a building which does not meet the area regulations or development standards in this ordinance may increase the gross floor area up to ten percent (10%) upon approval of a property improvement plan to determine compliance with the following:
      1. Off-street parking provisions.
      2. Dumpster location and screening.
      3. Signs.
      4. Building codes.
      Each of the above will be reviewed for partial compliance although complete or total compliance will not be required. The Planning and Zoning Commission shall make final approval or disapproval of a property improvement plan if there is concurrence with the City staff recommendations. If the Planning and Zoning Commission does not concur with City staff recommendations, the property improvement plan shall be sent to the City Council for approval or denial upon the request of the applicant.
    8. Buildings or structures which have been vacant or abandoned for more than six (6) months and do not meet the current area regulations or development standards shall be allowed to reoccupy the structure with a conforming use if the above procedure in subsections E,6 or E,7 is followed.
    9. Within five (5) years after adoption of this Ordinance, all off-street parking lots for existing uses and structures which are not in conformance at the date of adoption of this Ordinance shall be paved to a minimum of two inches (2") of asphalt over six inches (6") of limed or cement stabilized base compacted to ninety-five percent (95%) density, or a comparable alternative standard approved by the City Engineer.
  6. RESTORATION OF NONCONFORMING STRUCTURE:
    1. If a structure occupied by a nonconforming use is destroyed by fire, the elements, or other cause, it may not be rebuilt except to conform to the provisions of this Ordinance. In the case of partial destruction of a nonconforming use structure not exceeding sixty percent (60%) of its total appraised value as determined by the Wise County Central Appraisal District, reconstruction will be permitted, but the existing square footage or function of the nonconforming use cannot be expanded.
    2. A nonconforming use structure can be remodeled, maintained or improved as long as the size (square footage) of the structure is not increased.
    3. When a sign, or a substantial part of a sign is damaged, destroyed, taken down or removed for any other purpose other than to maintain the sign or replace the sign face, it may not be re-erected, reconstructed or rebuilt except in full compliance and conformance with this ordinance. A nonconforming, on-premise, detached advertising sign which is required to be relocated due to expansion of public right-of-way, may be relocated on the same lot or tract, provided there is no more than one (1) detached sign per lot or tract. For purposes of this section, substantial shall mean if the cost of repair exceeds sixty percent (60%) of the cost of a new sign of the same construction and size.
  7. COMPLETION OF STRUCTURES:

    Nothing herein contained shall require any change in the plans, construction, or designated use of (1) a building or structure for which a building permit has been issued or a site plan approved prior to the effective date of these zoning regulations, or (2) a building or structure for which a substantially complete application for a building permit was accepted by the Building Official on or before the effective date of these regulations, provided however that such building permit shall comply with all applicable ordinances of the City of Rhome in effect on the date such application was filed and the building permit is issued within thirty (30) days of the effective date of these regulations.

SECTION 8 PLANNING AND ZONING COMMISSION

  1. GENERAL:

    The powers and duties of the Planning and Zoning Commission are further defined in Section 10 of this Ordinance.

    (Ordinance 2013-11 adopted 11/14/13)
  2. CREATED; MEMBERSHIP; OFFICERS:
    1. There is hereby created in accordance with V.T.C.A., Local Government Code, Sec. 211.007, a City Planning and Zoning Commission, which shall consist of five (5) regular members and two (2) alternate members. All members shall be residents of the City and shall be appointed by the City Council by majority vote, and shall serve for the longer of two (2) year terms, or until their successors are duly appointed and qualified. Members of the board shall serve without pay. Members shall be appointed by the City Council. Of the five (5) regular members, designated as Places One through Five, Places One through Three shall be appointed by the Council in even numbered years, and Places Four and Five shall be appointed by the Council in odd numbered years. Vacancies shall be filled by appointment for unexpired terms only. Alternate members shall be appointed when a vacancy occurs in the alternate membership, at the Council’s discretion.
    2. Members may be removed from office at any time by a majority vote of the City Council for any reason. All members shall serve in accordance with Ordinance No. 99-20 pertaining to attendance and tenure requirements. The Secretary shall keep minutes for all meetings held by the Planning and Zoning Commission and report all recommendations made by Commission to the City Council. Officers of the Commission shall be Chairman, Vice-Chairman, and Secretary, all of which shall be elected by the Commission from its membership annually after new members have been appointed, or as soon thereafter as possible.
  3. QUORUM; VOTING:

    Three (3) members of the Planning and Zoning Commission shall constitute a quorum, and all members, including the presiding chairman, shall have the right of one vote each. Alternate Members may participate in discussion and deliberations regardless of whether any regular members are absent, but may not vote if all regular members are present. All actions by the Planning and Zoning Commission shall be by a majority vote of those members present. If any member has a conflict of interest in review of any item on the Commission’s agenda, he or shall remove themselves from the room and refrain from voting only on the item for which a conflict exists. If one regular member is absent, Alternate Member 1 shall be entitled to vote. If two regular members are absent, Alternate Member 2 shall also be entitled to vote. If one regular member removes themselves from consideration of an issue due to a conflict of interest, Alternate Member 1 shall be entitled to vote on that issue. If two regular members remove themselves from consideration of an issue, due to a conflict of interest are absent, Alternate Member 2 shall also be entitled to vote on that issue.

    (Ordinance 2017-05 adopted 2/9/17)
  4. MEETINGS:

    The Planning and Zoning Commission shall meet at such times in the City Hall or other specified locations as may be designated by the Chairman or Vice-Chairman, and at such intervals as may be necessary to orderly and properly transact the business of the Commission, but not less than once every thirty (30) days.
  5. POWERS AND DUTIES:

    The Planning and Zoning Commission shall be an advisory body to the City Council and shall make recommendations regarding amendments to the Comprehensive Master Plan, make changes in zoning, and determine permanent zoning to be given to newly annexed areas. The Planning and Zoning Commission shall also make recommendations regarding the approval of the plats of subdivisions as may be submitted to it by the City Council. It is recommended that the Planning and Zoning Commission make an annual study of the City’s Comprehensive Master Plan and be prepared to make recommendations to the City Council that it deems necessary to keep the City’s Master Plan up-to-date with the City’s needs. The Planning and Zoning Commission shall serve in an advisory capacity on any planning related item(s) in the City.
  6. PROCEDURE ON ZONING HEARINGS:

    The procedure and process for zoning changes and/or amendments shall be in accordance with Section 10.

SECTION 9 ZONING BOARD OF ADJUSTMENT (ZBA)

  1. CREATION:

    There is hereby created a Board of Adjustment to be composed of five (5) members and two (2) alternate members who shall be residents and qualified voters of the City of Rhome and shall serve without compensation.
  2. MEMBERS AND TERMS OF OFFICE:

    The Board of Adjustment shall consist of five (5) regular members and two (2) alternate members who shall be appointed by the City Council in accordance with V.T.C.A., Local Government Code, and Sections 211.008–211.011. The members shall serve for a period of two (2) years and until their successors are duly appointed and qualified. The regular members of the Board shall be identified by place numbers 1 through 5. Places 1, 3 and 5 and the first alternate member shall be appointed to serve for two-year terms with terms beginning on November 1 of odd-numbered years. Places 2, 4 and the second alternate member shall be appointed to serve for two-year terms beginning on November 1 of even-numbered years. All members will be appointed by a majority vote of the City Council. Members may be removed by a majority vote of the members of the City Council, for cause on a written charge after a public hearing. Board members may be appointed to succeed themselves. Vacancies shall be filled by an alternate member for the unexpired term of a member whose term becomes vacant. Any member absent for two (2) regular consecutive meetings shall be deemed to have vacated such office unless such absences were due to sickness of the member or the member’s family with leave being first obtained from the Chairman. Vacancies of an alternate member shall be filled by appointment of the City Council by majority vote.

    Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings of the Board shall be open to the public. Four (4) members of the Board shall constitute a quorum for the conduct of business. All cases to be heard by the Board of Adjustment will always be heard by a minimum number of four (4) members. The members of the Board shall regularly attend meetings and public hearings of the Board and shall serve without compensation.
  3. AUTHORITY OF BOARD:

    The Board of Adjustment shall have the authority, subject to the standards established in [accordance] with V.T.C.A., Local Government Code, Sections 211.008–211.011 and those established herein, to exercise the following powers and perform the following duties:
    1. Hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this ordinance;
    2. Hear and decide special exceptions to the terms of this Ordinance, when it requires the Board to do so.
    3. Authorize a variance from the terms of this Ordinance, if the variance is not contrary to the public interest, and, due to special conditions, a literal enforcement of the Ordinance would result in unnecessary hardship, so that the spirit of this Ordinance is observed and substantial justice is done.
    4. In exercising its authority under “A” above, the Board 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 make the correct order, requirement, decision, or determination, and for that purpose the Board has the same authority as the administrative official.
    5. The concurring vote of four (4) members of the Board is necessary to:
      1. Reverse an order, requirement, decision, or determination of an administrative official;
      2. Decide in favor of an applicant on a matter on which the Board is required to pass a zoning ordinance; or
      3. Authorize a variation from the terms of a zoning ordinance.
  4. LIMITATIONS ON AUTHORITY OF BOARD:
    1. The Board may not grant a variance authorizing a use other than those permitted in the district for which the variance is sought.
    2. The Board shall have no power to grant or modify specific use permits authorized under Section 32 of these regulations.
    3. The Board shall have no power to grant a zoning amendment. In the event that a request for a zoning amendment is pending before the Planning and Zoning Commission or the City Council, the Board shall neither hear nor grant any variances with respect to the subject property until final disposition of the zoning amendment.
    4. The Board shall not grant a variance for any parcel of property or portion thereof upon which a Site Plan, Preliminary Plat, or Final Plat, where required, has not been finally acted upon by both the Planning and Zoning Commission and, where required, by the City Council. All administrative remedies available to the applicant shall have been exhausted prior to hearing by the ZBA.
    5. The Board shall have no power to grant variances to the Development Standards contained within this Ordinance unless specifically permitted within each section of the Development Standards. Variances from the Development Standards must be noted on the plat or site plan for a property, as applicable, and be approved by the City Council.
  5. VARIANCES:
    1. In order to grant a variance from these zoning regulations, the Board of Adjustment must make written findings that the variance creates undue hardship, using the following criteria:
      1. That literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property;
      2. That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district;
      3. That the relief sought will not injure the permitted use of adjacent conforming property; and
      4. That the granting of a variance will be in harmony with the spirit and purpose of these regulations.
    2. A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely on economic gain or loss, nor shall it permit any person a privilege in developing a parcel of land not permitted by this Ordinance in this particular zoning district. No variance may be granted which results in undue hardship on another parcel of land.
    3. The applicant bears the burden of proof in establishing the facts justifying a variance.
  6. SPECIAL EXCEPTIONS:
    1. The Zoning Board of Adjustment shall have the authority to hear and allow special exceptions only for uses that are conforming but the building structure is not.
    2. In granting a special exception, the Zoning Board of Adjustment shall not authorize uses that are not allowed under the terms of this ordinance for the respective district.
    3. A proof of hardship is not required for granting a special exception.
    4. In granting a special exception, the Board shall not permit variances from the district use regulations that are not prevalent on other lots in the same zoning district.
  7. PROCEDURES:
    1. Application and Fee

      An application for granting a variance or special exception by the Board of Adjustment, other than an appeal, shall be in writing using forms provided by the City and shall be accompanied by a fee. The application for a special exception shall be the same as for a zoning variance.
    2. Notice and Hearing

      The Board of Adjustment shall hold a public hearing no later than forty-five (45) days after date the application for action or an appeal is filed on each such application or appeal. Notice of a public hearing shall be provided to all property owners within two hundred feet (200') of the affected property ten (10) days prior to the public hearing.
    3. Appeals
      1. An appeal may be taken from the decision of an administrative official by an applicant for the permit on which the decision is rendered, by any person or persons directly aggrieved by the decision or by any officer, department, board or bureau of the municipality affected by the decision.
      2. The appellant must file with the Board and the official against whom the appeal is taken a written notice of appeal specifying the grounds for the appeal within fifteen (15) days after the decision has been rendered. The officer to whom the appeal is made shall forthwith transmit to the Board all papers constituting the record of the action that is appealed.
      3. An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certified in writing to the Board the facts supporting the official’s opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the Board or a court of record on application, after notice to the official, if due cause is shown.
      4. The appellant party may appear at the appeal hearing in person or by agent or attorney.
      5. The Board shall decide the appeal within three (3) weeks after the hearing after which time the request shall be deemed automatically approved. The Board 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 make the correct order, requirement, decision, or determination.
    4. Vote Required for Board Decisions

      The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of an administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under these zoning regulations, or to effect any variance to the zoning regulations granted by the Board.
    5. Judicial Review

      Any person or persons, jointly or severally, aggrieved by a decision of the Board of Adjustment, or any taxpayer, or any officer, department, or Board of the City may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition must be presented within ten (10) days after the date the decision is filed in the Board’s office.
    6. All duties of the Zoning Board of Adjustment shall be performed by the City Council if this section is cancelled.

SECTION 10 CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES AND DISTRICTS AND ADMINISTRATIVE PROCEDURES

  1. DECLARATION OF POLICY AND REVIEW CRITERIA:

    The City declares the enactment of these regulations governing the use and development of land, buildings, and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:
    1. To correct any error in the regulations or map.
    2. To recognize changed or changing conditions or circumstances in a particular locality.
    3. To recognize changes in technology, the style of living, or manner of conducting business.
    4. To change the property to uses in accordance with the approved Master Plan.
    In making a determination regarding a requested zoning change, the Planning and Zoning Commission and 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 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, and shall note the findings.
    3. The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances that may make a substantial part of such vacant land unavailable for development.
    4. The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change.
    5. How other areas designated for similar development will be, or are unlikely to be, affected if the proposed amendment is approved.
    6. Any other factors which will substantially affect the health, safety, morals, or general welfare.
  2. AUTHORITY TO AMEND ORDINANCE:

    The City Council may from time to time, after receiving a final report thereon by the Planning and Zoning Commission and after public hearings required by law, amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts specified on the Zoning Map. Any Ordinance regulations or Zoning District boundary amendment may be ordered for consideration by the City Council, be initiated by the Planning and Zoning Commission, or be requested by the owner of real property, or the authorized representative of an owner of real property.

    Consideration for a change in any district boundary line or special zoning regulation may be initiated only with written consent of the property owner, the Planning and Zoning Commission, or the City Council when it finds that public benefit will be derived from consideration of such matter. In the event the ownership stated on an application and shown on the City records are different, the applicant shall submit proof of ownership.
  3. APPLICATION TO BE MADE IN WRITING:

    Each application for zoning or for an amendment or change to the existing provisions of this Zoning Ordinance shall be made in writing on an application form available at the City. It shall be filed with the City and shall be accompanied by payment of the appropriate fee as established by the City of Rhome, Texas, and on file with the City Secretary.
  4. PUBLIC HEARING AND NOTICE:

    Prior to making its report to the City Council, the Planning and Zoning Commission shall hold at least one (1) public hearing on each application as applicable by state law (Texas Local Government Code Chapter 211 as so may be amended). Written notice of all public hearings on proposed changes in district boundaries shall be sent to all owners of property, or to the person rendering the same for City taxes, located within the area of application and within two hundred feet (200') of any property affected thereby, within not less than ten (10) days before such hearing is held. Such notice may be served by using the last known address as listed on the latest approved tax roll and depositing the notice, postage paid, in the United States mail. Notice of hearings on proposed changes in the text of the Zoning Ordinance shall be accomplished by one publication not less than fifteen (15) days prior thereto in the official newspaper of the City. Changes in the Ordinance text, which do not change zoning district boundaries, do not require written notification to individual property owners.

    The developer/property owner shall place at least one sign on the property to be rezoned. The sign shall be furnished by the applicant. Such sign shall, if possible, be located adjacent to a public street. Such sign shall be erected on or before the first date of the first notice to property owners required by law. The applicant will remove the sign immediately after final action by the City Council, or upon withdrawal of the request of the applicant, whichever comes first. The sign shall state the property posted is under consideration by the City for a zoning change and shall contain the City’s telephone number and office to contact for specific information about hearing dates regarding the requested zoning action. The erection or continued maintenance of the sign shall not be deemed a condition necessary to the granting of any zoning change or the holding of any public hearing.
  5. FAILURE TO APPEAR:

    Failure of the applicant, or his representative, to appear before the Planning and Zoning Commission or City Council for more than one (1) hearing, without an approved delay by the City Secretary, shall constitute sufficient grounds for the Planning and Zoning Commission to deny the application.
  6. COMMISSION CONSIDERATION AND REPORT:

    The Planning and Zoning Commission shall function in accordance with Section 8. The Planning and Zoning Commission, after the public hearing is closed, shall prepare its report and recommendations on the proposed change stating its findings, its evaluation of the request, and the relationship of the request to the Master Plan. The Planning and Zoning Commission may defer its report for not more than thirty (30) days from the time it is posted on the agenda or until it has had an opportunity to consider other proposed changes which may have a direct bearing thereon unless a postponement is requested by the applicant.
  7. DENIAL OF ZONING CHANGE REQUEST:

    If the Planning and Zoning Commission recommends denial of the zoning change request, it shall offer reasons to the applicant for the denial, if requested by the applicant. The Planning and Zoning Chairman shall inform the applicant of the right to receive reasons for the denial.
  8. CITY COUNCIL CONSIDERATION:
    1. Applications Recommended for Approval by the Planning and Zoning Commission: Every application or proposal which is recommended favorable by the Planning and Zoning Commission shall be automatically forwarded to the City Council for setting and holding of public hearing thereon. No change, however, shall become effective until after the adoption of an ordinance for same and its publication as required by law.
    2. Applications Recommended for Denial by the Planning and Zoning Commission: When the Planning and Zoning Commission makes a recommendation that a proposal should be denied, the request, in its original form, shall be placed on the City Council agenda, at the request of the applicant.
    3. Resubmission of Applications: A request that has been denied by the City Council may be resubmitted at any time for reconsideration by the City (a new filing fee must accompany the request). The City Council may deny any request with prejudice. If a request has been denied with prejudice, the same or similar request may not be resubmitted to the City for six (6) months from the original date of denial.
    4. City Council Hearing and Notice for Zoning Changes: Notice of the City Council public hearing shall be given by publication in the official newspaper of the City, stating the time and place of such hearing, which shall be at least fifteen (15) days after the date of publication.
    5. Three-Fourths Vote: A favorable vote of three-fourths (3/4) of all members of the City Council shall be required to approve any change in zoning when written objections are received from twenty percent (20%) of the area of the adjacent landowners which comply with the provisions of the State laws commonly referred to as the “twenty percent (20%) rule.” If a protest against such proposed amendment, supplement or change has been filed with the City Secretary, duly signed and acknowledged by the owners of twenty percent (20%) or more, either of the area of the lots included in such a proposed change or those immediately adjacent to the area thereof extending two hundred feet (200') therefrom or of those directly opposite thereto extending two hundred feet (200') from the street frontage of such opposite lots, such amendments shall not become effective except by a four-fifths (4/5) vote of the City Council.
  9. FINAL APPROVAL AND ORDINANCE ADOPTION:

    Upon approval of the zoning request by the City Council, the applicant shall submit a metes and bounds description for previously platted areas to the City for the preparation of amending the Ordinance. For unplatted areas, a metes and bounds description must be submitted with the zoning change request application. The amending Ordinance shall be approved at the time the City Council makes a decision to approve the request as submitted or with certain conditions. The amending Ordinance will not be approved until a correct description has been prepared for the amending Ordinance.

SECTION 11 CERTIFICATES OF OCCUPANCY AND COMPLIANCE

  1. 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 the use of an existing building to a different use and classification.
    3. Change in the use of land to a different use and classification.
    4. Change in the occupancy of a business within a building.
    No such use, or change of use, shall take place until a Certificate of Occupancy (CO) shall have been issued by the Building Official. A fee shall be established by separate Ordinance.
  2. 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 after the Building Official orders the building or structure inspected and finds no violations of the provisions of this Ordinance or other regulations which are enforced by the Building Official. Said Certificate shall be issued by the Building Official 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.
  3. PROCEDURE FOR VACANT LAND OR A CHANGE IN BUILDING’S USE:

    Written application for a Certificate of Occupancy for the use of vacant land, a change in the use of land, a change in the use of a building, or a change from a nonconforming use to a conforming use, shall be made to said Building Official or his agent. If the proposed use is a conforming use, as herein provided, written application shall be made to said Building Official. If the proposed use is found to be in conformity with the provisions of this Ordinance, the CO shall be issued after the application has been made and all required inspections are completed and approved by the Building Official.
  4. CONTENTS OF CERTIFICATE OF OCCUPANCY:

    A Certificate of Occupancy shall contain:
    1. Building permit number;
    2. The address of the building;
    3. The name and address of the owner;
    4. A description of that portion of the building for which the Certificate is issued;
    5. A statement that the described portion of the building has been inspected for compliance with the requirements of the Uniform Building Code, group and division of occupancy; and
    6. The name of the Building Official
  5. TEMPORARY CERTIFICATE OF OCCUPANCY:

    If the Building Official or his agents find that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, a temporary Certificate of Occupancy may be issued for a period not to exceed six (6) months for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. Such temporary Certificate shall not be construed as in any way altering the respective rights, duties, or other obligations of the owners/tenants relating to the use or occupancy of the premises or any other provision of this Ordinance.
  6. FIRE INSPECTION REQUIRED:

    Fire inspection will be required on all commercial, industrial, and retail buildings before a final Certificate of Occupancy is issued.
  7. POSTING:

    The Certificate of Occupancy shall be posted in a conspicuous place on the premises, and shall not be removed except by the Building Official or his authorized agent.
  8. REVOCATION:

    The Building Official may, in writing, suspend or revoke a Certificate of Occupancy issued under the provisions of this Ordinance whenever the Certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this Ordinance or the most current Uniform Building Code, National Electrical Code, Uniform Mechanical Code, Uniform Fire Code or Uniform Plumbing Code.