(a)

Building permits shall be in conformance with current building codes.

(b)

All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on a subdivision plat and the lot shall be staked out on the ground before construction is started.

(Code 1996, § 156.145; Ord. No. 1994-06, 3-1-1994)

(a)

This chapter is not intended to abrogate or annul:

(1)

Any permits issued before the effective date of the ordinance from which this chapter is derived;

(2)

Any easement, covenant or other private agreement more restrictive than the provisions of this chapter.

(b)

By the passage of this chapter, no presently illegal use shall be deemed to have been legalized unless specifically such use is a conforming use. Otherwise, such uses shall remain nonconforming where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this chapter that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, shall be discharged or effected by the adoption of the ordinance from which this chapter is derived, but prosecutions and suits for such offenses, liabilities, penalties or forfeiture, either civil or criminal, shall be discharged or effected by the adoption of the ordinance from which this chapter is derived; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending be proceeded with in all respects as if such prior ordinance has not been repealed.

(Code 1996, § 156.146; Ord. No. 1994-06, 3-1-1994)

(a)

Certificates of occupancy shall be required for:

(1)

Occupancy and use of a building hereafter erected or structurally altered.

(2)

Change in use of an existing building to a use of a different classification.

(3)

Occupancy and use of vacant land.

(4)

Change in the use of land to a use of a different classification.

(5)

Any change in the use of a nonconforming use. No such occupancy, use, or change of use shall take place until a certificate of occupancy therefore has been issued by the building official.

(b)

A certificate of occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of the ordinance from which this chapter is derived. Application for such certificate of occupancy for a nonconforming use shall be filed with the building official by the owner or leaser of the building or land occupied by such nonconforming use within one year of the effective date of the ordinance from which this chapter is derived. It shall be the duty of the building official to issue a certificate of occupancy for a lawful nonconforming use, or refusal of the building official to issue a certificate of occupancy for such nonconforming use shall be evidence that the nonconforming use was either illegal or did not lawfully exist at the effective date of the ordinance from which this chapter is derived.

(c)

Written application for a certificate of occupancy for a new building or for an existing building which has been altered shall be made at the same time as the application for the building permit for such building. The certificate shall be issued within three days of completion of construction or alteration. Written application for a certificate of occupancy for the use of vacant land, or for a change in the use of land for a building, or for a change in nonconforming use, as herein provided, shall be made to the building official, if the proposed use is in conformity with the provisions of this chapter, the certificate of occupancy therefor shall be issued. The fee of such certificate of occupancy shall be $20.00 to be paid to the city at the time the building permit is issued. Every certificate of occupancy shall state that the building or the proposed use of the building or land complies with all provisions of law. A record of all certificates of occupancy shall be kept on file in the office of the building official or his agent.

(Code 1996, § 156.147; Ord. No. 1994-06, 3-1-1994; Ord. No. 2011-07, 9-20-2011)

(a)

The board of adjustment shall consist of five members appointed for terms of two years. Each member of the city council, including the mayor, may appoint one member to the board. The city council may remove a board member for cause, as found by the city council, on a written charge after a public hearing. A vacancy in the board shall be filled for the unexpired term.

(b)

There shall be four alternate members of the board of adjustment who shall be appointed by the city council to serve in the absence of one or more regular members when requested to do so by the mayor or city manager. An alternate member serves for the same period as a regular member and subject to removal in the same manner as a regular member. A vacancy among the alternate members is filled in the same manner as a vacancy among the regular members.

(c)

The board of adjustment, by majority vote, shall adopt rules in accordance with this chapter. Meetings of the board are held at the call of the presiding officer and at other times as determined by the board. The presiding officer or acting presiding officer 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 that indicate the vote of or fails to vote. The board shall keep records of its examinations and other official actions. The minutes and records shall be filed immediately in the board's office and are public records. Each case before the board of adjustment must be heard by at least 75 percent of the members.

(Code 1996, § 156.148; Ord. No. 1999-06, 6-15-1999)

State Law reference— Authority to create a board of adjustment, V.T.C.A., Local Government Code § 211.008.

(a)

The board of adjustment shall:

(1)

Hear and decide applications for direct relief. An application for direct relief is a proceeding seeking:

a.

A special exception to the terms of this chapter. A special exception is a use permitted expressly by this ordinance under conditions specified in it. Subsection (d) of this section lists special exceptions the board of adjustment is authorized to issue.

b.

A variance form the terms of this chapter. A variance is a suspension of a literal enforcement of this chapter. Subsection (e) of this section lists variances the board of adjustment is authorized to issue.

(2)

Hear and decide an appeal. An appeal is a proceeding claiming error in an order, requirement, decision or determination made by an administrative official in the enforcement of this chapter.

(3)

Hear and decide other matters authorized by this chapter.

(b)

In exercising its authority, the board of adjustment 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 of adjustment has the same authority as the administrative official.

(c)

The concurring vote of 75 percent of the members of the board of adjustment 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 of adjustment is required to pass; or

(3)

Authorize a variation from the terms of this chapter.

(d)

Special exceptions. Special exceptions are incompatible with the uniformity sought to be achieved by these regulations and should be issued only in exceptional cases.

(1)

The board of adjustment is required to grant a special exception under the conditions stated in subsection (f) of this chapter. The board of adjustment may also grant a special exception from the regulations contained in this chapter when it finds that the exception will not be detrimental to other property in the district or the public health, safety, morals and the general welfare of the general public and that it will be in harmony with the general intent and purpose of this chapter. The board of adjustment may grant special exceptions that allow:

a.

The extension of nonconforming use into different areas of a pre-existing building;

b.

The reconstruction of a building occupied by a nonconforming use, provided the reconstruction does not prevent the eventual return of the property to a conforming use;

c.

Modifications of yard, open space, parking lot area or lot width regulations as may be necessary to secure appropriate development of a parcel of land where such parcel was separately owned at the time of the passage of the ordinance from which this chapter is derived and is of such restricted area or where the shape of the lot is such that it cannot be appropriately developed without such modification;

d.

The discontinuance of nonconforming uses of land under any plan whereby the full value of any improvements can be amortized within a reasonable number of years, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this chapter;

e.

The reduction of off-street parking if it can be shown that the required minimum will not at any time be necessary because of the character of the proposed uses and a probable limited quantity of occupants, employees, clients, customers or tenants.

(2)

The board of adjustment may not issue a special exception permitting a prohibited use.

(3)

The board of adjustment may impose restrictions and conditions it deems appropriate to a special exception including those related to use, occupancy, time, size, area, design, quality, construction, repair, reconstruction, facilities, safety and appearance.

(e)

Variances.

(1)

The board of adjustment is required to grant a variance under the conditions stated in subsection (f) of this section. The board of adjustment may also grant a variance for a use identified by the abbreviation "S" in the appendix to this title, Schedule of Uses, if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of this chapter would result in unnecessary hardship, and so that the spirit of this chapter is observed and substantial justice is done.

(2)

The board of adjustment may impose restrictions and conditions it deems appropriate to variances including those related to use, occupancy, time, size, area, design, quality, construction, repair, reconstruction, facilities, safety, and appearance.

(f)

The board of adjustment is required to issue a special exception or variance to a property owner applying for it whenever, as applied to the property at issue or its use, the application of this chapter either:

(1)

Does not substantially advance legitimate state interests;

(2)

Denies the property owner all economically viable use of his land; or

(3)

Unreasonably interferes with the landowner's right to use and enjoy his property.

(g)

The special exception or variance must permit the owner some appropriate economically viable use of his land but need not permit the particular use requested by the property owner applying for it.

(1)

In determining whether legitimate state interests have been substantially advanced by the regulation, the board of adjustment may consider a broad range of governmental purposes that will satisfy that requirement, including, but not limited to, the ill effects of urbanization, enhancing the quality of life, protecting recreation, tourism, and public health, preserving desirable aesthetic features, preserving agricultural uses of land, controlling both the rate and character of community growth, and ensuring careful and orderly development of residential property with provision for open space areas.

(2)

The board of adjustment will determine whether the property owner has been denied all economically viable use of his land by considering whether the regulation renders the land valueless.

(3)

The board of adjustment will determine whether the regulation unreasonably interferes with the landowner's right to use and enjoy his property by considering:

a.

The economic impact of the regulation. The economic impact of the regulation is determined by comparing the value that has been taken from the property with the value that remains in the property. The loss of anticipated gains or potential future profits is not to be considered.

b.

The extent to which the regulation interferes with distinct investment based expectations. The factors to be considered in determining whether the regulation unreasonably interferes with investment-backed expectation include the historical use of the property and its length, the existing zoning of the property at the time it was acquired by the landowner, and whether the landowner has purchased the property speculatively based on the possibility of an up zoning.

(Code 1996, § 156.149; Ord. No. 1999-06, 6-15-1999)

State Law reference— Authority of board, V.T.C.A., Local Government Code § 211.009.

(a)

A person whose person or property is affected by this chapter may apply to the board of adjustment for any direct relief the board is authorized to grant.

(b)

The person applying for direct relief shall file with the board of adjustment and with the city manager an application specifying the direct relief requested from the board and the grounds for it.

(c)

The board of adjustment shall set a reasonable time for hearing the application and shall give public notice of the hearing and due notice to the parties in interest. A party may appear at the hearing in person or by agent or attorney. The board shall decide the application within a reasonable time.

(Code 1996, § 156.150; Ord. No. 1999-06, 6-15-1999)

(a)

Any of the following persons may appeal to the board of adjustment a decision made by an administrative official:

(1)

A person aggrieved by the decision; or

(2)

Any officer, department, board or bureau of the city affected by the decision.

(b)

The appellant must file with the board of adjustment and the official from whom the appeal is taken a notice of appeal specifying the grounds for the appeal. The appeal must be filed within a reasonable time as determined by the rules of the board of adjustment. On receiving the notice, the official from whom the appeal is taken shall immediately transmit to the board of adjustment all the papers constituting the record of the action that is appealed.

(c)

An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the board of adjustment 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 of adjustment or a court of record on application, after notice to the official, if due cause is shown.

(d)

The board of adjustment shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest. A party may appear at the appeal hearing in person or by agent or attorney. The board of adjustment shall decide the appeal within a reasonable time.

(Code 1996, § 156.151)

State Law reference— Similar provisions, V.T.C.A., Local Government Code § 211.010.

(a)

Any of the following persons may present to a court of record a verified petition stating that the decision of the board of adjustment is illegal in whole or in part and specifying the grounds of the illegality:

(1)

A person aggrieved by a decision of the board of adjustment;

(2)

A taxpayer; or

(3)

An officer, department, board or bureau of the city.

(b)

The petition must be presented within ten days after the date the decision is filed in the board of adjustment's office.

(c)

On the presentation of the petition, the court may grant a writ of certiorari directed to the board of adjustment to review the board's decision. The writ must indicate the time by which the board's return must be made and served on the petitioner's attorney, which must be after ten days and may be extended by the court. Granting of the writ does not stay the proceedings on the decision under appeal, but on application and, after notice of the board, the court may grant a restraining order if due cause is shown.

(d)

The board of adjustment's return must be verified and must concisely state any pertinent and material facts that show the grounds of the decision under appeal. The board is not required to return the original documents on which the board acted but may return certified or sworn copies of the documents or parts of the documents as required by the writ.

(e)

If at the hearing the court determines that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take evidence as directed. The referee shall report the evidence to the court with the referee's findings of fact and conclusions of law. The referee's report constitutes a part of the proceedings on which the court shall make its decision.

(f)

The court may reverse or affirm, in whole or in part, or modify the decision that is appealed. Costs may not be assessed against the board of adjustment unless the court determines that the board acted with gross negligence, in bad faith, or with malice in making its decision.

(Code 1996, § 156.152; Ord. No. 1999-06, 6-15-1999)

State Law reference— Similar provisions, V.T.C.A., Local Government Code § 211.011.

The provisions of this chapter shall be administered and enforced by the building official of the city.

(Code 1996, § 156.153; Ord. No. 1994-06, 3-1-1994)

The building official or any duly authorized person shall have the right to enter upon any premises at any time prior to the completion of the building for the purpose of making inspections of building or premises necessary to carry out his duties in the enforcement of this chapter.

(Code 1996, § 156.154; Ord. No. 1994-06, 3-1-1994)

Whenever any building work is being done contrary to the provisions of this chapter, the building official may issue a stop order to the owner or contractor doing or causing such work to be done and any such person shall forthwith stop such work until authorized by the building official to proceed with the work.

(Code 1996, § 156.155; Ord. No. 1994-06, 3-1-1994)

In case any person, firm, or corporation violates any of the provisions of this chapter or fails to comply therewith, the city, in addition to imposing the penalties provided in section 156.999 may institute any appropriate action or proceedings in court to prevent, restrain, correct, or abate to prevent any illegal act, conduct, business or use in or about any land, and the definition of any violation of the terms of this chapter as a misdemeanor shall not preclude the city from invoking the civil remedies given it by law in such cases, but same shall be cumulative of and in addition to the penalties prescribed for such violations.

(Code 1996, § 156.998; Ord. No. 1994-06, 3-1-1994)

Any person, firm or corporation who shall violate any of the provisions of this chapter or fail to comply therewith or who shall violate or fail to comply with any order or regulation made hereunder or who shall violate any detailed statement of specifications or plans submitted and approved hereunder, shall, for each and every violation and noncompliance respectively be deemed guilty of a misdemeanor.

(Code 1996, § 156.999; Ord. No. 1994-06, 3-1-1994)