(a)

Enforcement. The provisions of this chapter shall be administered and enforced by the city manager or his designee. Each application for a building permit shall be accompanied by a site plan in duplicate drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape, and location of the building and/or structure to be erected, and such other information as may be necessary to provide for the enforcement of this chapter.

(b)

Violations and penalties. Any person or entity that violates or assists in the violation of any of the provisions of this chapter or fails to comply with any of the requirements thereof, or who shall build or alter any building or sue in violation of any plan or permit submitted and approved hereunder, shall be guilty of a misdemeanor and upon conviction shall be punished as provided in section 1-6. Each day such a violation exists shall constitute a separate offense.

(c)

Civil remedies. In order to enforce the provisions of this chapter, the city attorney is authorized to institute any civil action in the appropriate court upon the prior approval of the city manager.

(Ord. No. 04-04, § 18-19, 8-16-2004)

Any person who violates any provision of this chapter shall, upon conviction, be punished as provided in section 1-6. Each day such a violation 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 there with and who may have assisted in the commission of such violation shall be guilty of a separate offense and upon conviction shall be fined as herein provided. The city, likewise, shall have the power to enforce the provisions of this article through civil court action as provided by state law.

(Ord. No. 04-04, § 18-28, 8-16-2004)

No building permit shall be issued, or public utilities extended or connected to a building or structure unless the application for the building permit provides for compliance with chapter 8, the building code; chapter 14, the fire code; chapter 40, the zoning code; chapter 32, the subdivision code, and other applicable codes of the city.

(Ord. No. 04-04, § 18-20, 8-16-2004)

(a)

No building, or portion thereof, hereafter erected, converted, or altered shall be used or changed in use until a certificate of occupancy and compliance shall have been issued by the building official of the city stating that the building, or portion thereof, or the proposed use of land or building complies with the provisions of this chapter and other building laws of the city. Failure to comply with this provision of this chapter shall constitute a basis to deny or disconnect city utilities or to require private utility companies to do likewise.

(b)

A certificate of occupancy and compliance shall be applied for and coincide with the application for a building permit and will be issued before occupancy and when all inspections are complete to such building provided such construction or change has been made in complete conformity to the provisions of this chapter and other building laws.

(c)

A record of all certificates of occupancy shall be maintained on file in the office of the building official of the city and copies shall be furnished for a fee of written request to any person having a proprietary or tenancy in interest in the building or land affected.

(Ord. No. 04-04, § 18-21, 8-16-2004)

Nothing herein contained shall require any change in the plans, construction or designated use of a building actually completed within one year from the effective date of the ordinance from which this chapter is derived or which building shall be maintained under continuous construction even though not completed within one year. Nothing herein contained shall require any change in the plan, construction or designated use of a building for which a building permit has been heretofore issued while such permit is valid and provided the building shall have been started within six months of the date of issuance of the permit which entire building is constructed within one year from the effective date of the ordinance from which this chapter is derived or which building shall be maintained under continuous construction even though not completed within one year.

(Ord. No. 04-04, § 18-22, 8-16-2004)

(a)

Creation. The city Charter has created a board of adjustment consisting of five regular members. There are hereby created two alternate members who shall serve in the absence of one or more regular members when requested to do so by the city manager. Each member of the board of adjustment shall be appointed by the council for a term of two years or until their successors are appointed and shall be removable for cause by the mayor and council upon written charge and after public hearing. Vacancies shall be filled for the unexpired term of any member whose position becomes vacant for any cause in the same manner as the original appointment was made. Members of the board shall serve without compensation.

(b)

Proceedings. The board of adjustment shall adopt rules to govern its proceedings; provided, however, that such rules are not inconsistent with this chapter or the statutes of the state. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicate 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.

(c)

Appeal process. Appeals to the board can be taken by any person aggrieved or by an officer, department, board or bureau of city affected by a decision of the administrative officer. Such appeal shall be taken within 15 days after the decision has been rendered by the administrative officer by filing, with the officer from whom the appeal is taken and with the board, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed was taken.

(d)

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

(e)

General powers. The board shall have the following powers:

(1)

To hear and decide appeals when it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter. The board must find the following in order to grant an appeal:

a.

That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map.

b.

That the resulting interpretation will not grant a special privilege to one property inconsistent with the other properties or sues similarly situated.

c.

The decision of the board must be such as will be in the best interest of the community and consistent with the spirit and interest of the city's zoning laws.

(2)

To hear and decide special exceptions to the terms of this chapter. The term "special exception" means a deviation from the requirements of this chapter, specifically enumerated herein, which shall be granted only in the following instances, and then only when the board finds that such special exception will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest:

a.

To reconstruct, extend or enlarge a building occupied by a nonconforming use on the lot or tract occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use.

b.

To deviate yard requirements in the following circumstances:

1.

An exception from the front yard requirements where the actual front yard setback of an abutting lot does not meet the front yard requirement of a rear yard exception where the actual rear yard setback of any four or more lots in the same block do not meet the rear yard requirements of these regulations.

2.

A yard exception on corner lots.

3.

An exception where the existing front yard setbacks of the various lots in the same block are not uniform, so that any one of the existing front yard setbacks shall, for a building hereafter constructed or extended, be the required minimum front yard depths.

4.

An exception from the minimum front yard requirements for owner identification signs where a structure existing at the effective date of the ordinance from which this chapter is derived precludes locating a sign in compliance with the setback regulation.

5.

An exception from a minimum interior side yard setback requirement for owner identification signs for existing businesses which were developed prior to the passage of the ordinance from which this chapter is derived, where there is no safe place to erect a sign in compliance with the minimum setback requirements. A condition for granting of the exception is that the applicant must demonstrate that the sign shall not screen or obstruct the view of an existing sign, building, or outdoor display area.

6.

An exception from the minimum side yard setback requirement where a nonconforming building was in existence at the time of the passage of the ordinance from which this chapter is derived.

c.

To waive or reduce off-street parking and loading requirements when the board finds the same are unnecessary for the proposed use of the building or structure for which the special exception request applies.

d.

To grant an exception for ten additional feet in height for an advertising sign, when in the board's judgment, the sign at a lower height will block an existing sign or structure from view or itself be blocked from view.

(3)

To authorize upon appeal in specific cases such variance from terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provision of the said laws will result in unnecessary hardship, and so that the spirit of the chapter shall be observed and substantial justice done. The term "variance" means a deviation from the literal provisions of this chapter which is granted by the board when strict conformity to this chapter would cause an unnecessary hardship because of circumstances unique to the property on which the variance is granted. Except as otherwise prohibited, the board is empowered to authorize a variance from a requirement of this chapter when the board finds that all of the following conditions have been met:

a.

That the granting of the variance will not be contrary to the public interest;

b.

That literal enforcement of this chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. The term "unnecessary hardship" means physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial consideration or caprice, and the hardship must not result from the applicant or property owner's own actions; and

c.

That by granting the variance, the spirit of the chapter will be observed and substantial justice will be done.

The applicant shall have the burden of proving to the board that the foregoing conditions have been met.

(f)

Use variance prohibited. No variance shall be granted to permit a use in a zoning district in which that use is prohibited except in verified hardship cases.

(g)

Additional conditions. The board is empowered to impose upon any variance or special exception any condition reasonably necessary to protect the public interest and community welfare.

(h)

Revocation or modification.

(1)

A variance or special exception may be revoked or modified for any of the following reasons:

a.

That the variance or special exception was obtained or extended by fraud or deception.

b.

That one or more of the conditions imposed by the board in granting such variance or special exception has not been complied with or has been violated.

c.

That the variance or special exception, although granted in accordance with all requirements hereof, has caused a nuisance or is otherwise detrimental to the public health, safety and welfare.

(2)

An action to revoke or modify a previously granted variance or special exception maybe initiated by order of the council, the city manager, any member of the board, or the person who obtained the variance or special exception.

(3)

The board of adjustment shall hear a request for the revocation or modification of a variance or special exception in accordance with the same notification and hearing procedures established for original variances and special exceptions.

(i)

Notification and hearing process. Any request for an appeal, variance or special exception shall require a public hearing before the board. At least ten days prior to the day of the hearing, a written notice of the hearing shall be sent to owners of property situated within 200 feet of the exterior boundary of the property with respect to which such appeal, variance or exception is requested. It shall be sufficient that such written notice is addressed to the owner appearing on the most current tax roll of the city and addressed to such owner at the address stated on the said roll. If no owner is stated on the tax roll, or no address appears thereon, the written notice to such property owner shall not be required. A processing fee of $200.00 shall be paid to the city in advance of the hearing. In the event the application is withdrawn prior to the mailing of the required written notification or publication in the official newspaper, the fee shall be refunded.

(j)

Action of the board. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.

(k)

Appeal from decision of board. Any person aggrieved by any decision of the board of adjustment, or any officer, department or other board or commission of the city or the council, may appeal the decision or action of the board of adjustment by filing a petition for the same in a court of competent jurisdiction, setting forth that such decision is illegal in whole or in part, and specifying the grounds for the alleged illegality. Such petition shall be filed with the court within ten days from the day the board renders its decision, and not thereafter. The time period set forth herein shall be deemed jurisdictional.

(l)

Reapplication. No application for a variance, special exception, or appeal which has been denied shall be again filed earlier than one year from the date of the original denial.

(m)

Validity. If an application is granted by the board, all permits necessary for the prosecution of the work must be obtained within one year and construction completed within the time established by the building code. All previous applications approved by the board for which permits have not been issued shall be valid only if a building permit is obtained within one year after receipt of a written notice of the requirements of this section and construction must be completed within the time limits set forth in the building code. Written notice shall be considered received on the dates such notice is mailed to the person who received the variance addressed to the address of such person as the same shall appear in the records of the city relating to the granting of such application.

(Ord. No. 04-04, § 18-23, 8-16-2004)

State Law reference— Board of adjustment, V.T.C.A., Local Government Code § 211.008 et seq.

The planning commission is created by the city Charter. The planning commission members shall serve their terms of office in accordance with and pursuant to the Charter. The planning commission will establish rules of procedure and exercise the powers and duties granted to it in accordance with the Charter. Vacancies on the planning commission will be filled in accordance with the Charter.

(Ord. No. 04-04, § 18-24, 8-16-2004)

(a)

Authorization. The council may, from time to time, amend, supplement, or change by ordinance the boundaries of the zoning districts or the regulations herein established, or issue or revoke specific use permits. Zoning changes may be initiated by the council, planning commission, or city manager or his designee. Zone change applications from the public shall be accepted only from property owners, their agents with written authorization, or those with valid contracts for purchase of property for which rezoning is being requested.

(b)

Recommendation by planning commission. Before taking any action on any proposed amendment, supplement, change or a specific use permit, the council shall submit the same to the planning commission for its recommendation and report. The planning commission shall hold a joint public hearing with the council before submitting its recommendation and report to the council.

(c)

Public hearing and notification requirements. No regulations, restriction or zoning district boundary shall be amended, supplemented or changed and no specific use permit approved or revoked until after a joint public hearing in relation thereto is held by the council and the planning commission at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days notice of the time and place of such hearing shall be published in an official paper, or a paper of general circulation, in the city. Written notice of all public hearings before the city council and the planning commission on proposed changes in classification shall be sent to owners of real property lying within 200 feet of the property on which the change in classification is proposed, such notice to be given not less than 15 days before the date set for hearing, to all such owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Protests must be received prior to the close of the public hearing before the council in order to invoke the protest provisions of this section of the chapter. Protests shall be accepted only if made in writing and the signature of one owner shall be sufficient for property owned under joint tenancy.

(d)

Protest. The council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a specific use permit where a protest against such change, signed by the owners of 20 percent or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending 200 feet therefrom, except by the favorable vote of three-fourths of all the members of the council.

(e)

Application fee. Any person applying for a change in the zoning district classification of any property or a specific use permit shall be required to pay an application processing fee as currently established or as hereafter adopted by resolution of the council from time to time. The processing fees as established herein shall be paid at the time of the filing of an application. In the event the application is withdrawn prior to the mailing of the required written notification or publication in a newspaper, the fee shall be refunded. Any person requesting an abandonment of the city right-of-way shall be required to pay an application processing fee as currently established or as hereafter adopted by resolution of the council from time to time at the time of such application. The fee for processing other requests under the other business category shall be as currently established or as hereafter adopted by resolution of the council from time to time, required at the time of application.

(f)

If the council does not approve a request for a specific use permit or a zone district boundary change within 60 days of the public hearing at which the request was heard, the request shall be automatically denied unless this time limit is extended by action of the council. This time limit can be waived with the consent of the applicant.

(g)

Reapplication. No application for a specific use permit which has been denied shall again be filed earlier than one year from the date of the original denial.

(Ord. No. 04-04, § 18-25, 8-16-2004; Ord. No. 10-03, 4-22-2010; Ord. No. 11-06-A, 5-24-2011)

State Law reference— Procedures governing adoption of zoning regulations, V.T.C.A., Local Government Code § 211.006.

All land, buildings, structures or appurtenances thereon located within the city, which are hereafter occupied, used, erected, altered or converted shall be used, placed and erected in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located except as hereinafter provided. Land used in meeting the requirements of this chapter with respect to a particular use of the building shall not be used to meet the requirements of any other use of the building.

(Ord. No. 04-04, § 18-26, 8-16-2004)

No provision or application of this article shall be construed as affecting in any manner the rights of an individual property owner to privately enforce deed restrictions upon the use of any property zoned under the terms of this chapter if such restrictions are of higher or more restrictive classification than the provision contained herein.

(Ord. No. 04-04, § 18-27, 8-16-2004)