(a)

The building official designated by the city manager shall enforce this chapter. The building official shall be provided with the assistance of such other persons as the city manager may designate to enforce this chapter.

(b)

If the building official shall find that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structure; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

(Ord. No. 76, § 4(1), 5-1-1989; Ord. of 5-2-1993, § II; Ord. of 10-6-1994, §§ II, III; Ord. of 2-2-1997(1), § II; Ord. of 2-4-2000, § II; Ord. of 9-20-2001, §§ II, III; Ord. of 11-7-2002, § 4; Ord. No. 467, § 18, 6-6-2019)

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 in the penalties section of this chapter.

(Ord. No. 76, § 4(6), 5-1-1989; Ord. of 5-2-1993, § II; Ord. of 10-6-1994, §§ II, III; Ord. of 2-2-1997(1), § II; Ord. of 2-4-2000, § II; Ord. of 9-20-2001, §§ II, III; Ord. of 11-7-2002, § 4; Ord. No. 467, § 18, 6-6-2019)

The city planning and zoning commission has been established for the purpose of preparation and updating of 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 zonings, conditional use permits, and subdivisions.

(Ord. No. 76, § 3, 5-1-1989; Ord. of 12-1-1994, § II; Ord. of 11-7-2002, § 3; Ord. of 1-13-2011, § III; Ord. of 6-30-2011, § 2(1))

A zoning district change or rezoning is a change in classification of the zoning district map and shall be recorded and shown on the official zoning district map. Zoning district changes shall not include initial zonings at the time of annexation.

(Ord. No. 76, § 3, 5-1-1989; Ord. of 12-1-1994, § II; Ord. of 11-7-2002, § 3; Ord. of 1-13-2011, § III; Ord. of 6-30-2011, § 2(2))

Application for all zoning district changes, conditional use permits, annexations, initial zonings, zoning text amendments, and variance requests shall be submitted to the planning and zoning commission. Any landowner or governmental agency may submit an application. Rezoning fees shall be in the amount provided in the city fee schedule.

(Ord. No. 76, § 3, 5-1-1989; Ord. of 12-1-1994, § II; Ord. of 11-7-2002, § 3; Ord. of 1-13-2011, § III; Ord. of 6-30-2011, § 2(3))

Conditional use permits shall not be considered a zoning district change. They shall be reviewed by the planning and zoning commission whose recommendation will be submitted to city council for final action.

(Ord. No. 76, § 3, 5-1-1989; Ord. of 12-1-1994, § II; Ord. of 11-7-2002, § 3; Ord. of 1-13-2011, § III; Ord. of 6-30-2011, § 2(4))

A variance shall be defined as a variation in the numerical requirements of this chapter. Use variances to the provisions of this chapter shall not be permitted unless specifically recommended by the planning and zoning commission with respect to the type of variance. Application fees for commercial variances shall be in the amount provided in the city fee schedule.

(Ord. No. 76, § 3, 5-1-1989; Ord. of 12-1-1994, § II; Ord. of 11-7-2002, § 3; Ord. of 1-13-2011, § III; Ord. of 6-30-2011, § 2(5); Ord. No. 522, § 2, 10-28-2021)

(a)

The planning and zoning commission shall hold a public hearing on all requests for zone changes and initial zonings and shall submit a report of the hearing along with its recommendations to the city council for final action. A planning and zoning commission recommendation for approval of a requested zone change or initial zoning shall be placed on the city council consent agenda for passage unless removed from the consent agenda by a two-thirds vote of the city council, or unless appealed to the city council.

(b)

Upon receiving an application for a zoning change, zoning text amendment, future land use plan change, conditional use permit, annexation, or initial zoning, the planning and zoning commission shall review the application in conjunction with the standards set forth in this section. After due investigation and review, if the application is tentatively approved, a public hearing shall be authorized and conducted as provided in this section.

(c)

The planning and zoning commission shall hold a public hearing on the application within 60 days after its receipt. Written notice of the hearing shall be given to the applicant and to all persons who own property within 200 feet of the proposed conditional use. A notice of the hearing shall be published at least 15 days prior to the hearing in a newspaper of general circulation in the city. All notices shall be at the applicant's expense.

(d)

Within 30 days after the public hearing, the conditional use permit shall be granted or denied. In granting the conditional use permit, the planning and zoning commission shall be authorized to permit the use applied for the subject to such reasonable conditions as it may impose. These conditions may contain such requirements for improving, maintaining, operating, and screening the condition use as will protect the character of the surrounding property. City council has final permit approval authority and may use the recommendations of the planning and zoning commission to determine whether to approve or deny the application.

(Ord. No. 76, § 3, 5-1-1989; Ord. of 12-1-1994, § II; Ord. of 11-7-2002, § 3; Ord. of 1-13-2011, § III; Ord. of 6-30-2011, § 2(1), (7); Ord. No. 522, § 2, 10-28-2021)

The planning and zoning commission shall provide a written recommendation or decision to the city council on all matters.

(Ord. No. 76, § 3, 5-1-1989; Ord. of 12-1-1994, § II; Ord. of 11-7-2002, § 3; Ord. of 1-13-2011, § III; Ord. of 6-30-2011, § 2(8))

Protests shall be considered valid when submitted in writing to the planning and zoning commission secretary by the lawful property owner or when presented to the members of the planning and zoning commission or city council.

(Ord. No. 76, § 3, 5-1-1989; Ord. of 12-1-1994, § II; Ord. of 11-7-2002, § 3; Ord. of 1-13-2011, § III; Ord. of 6-30-2011, § 2(9))

Application for a zoning change or conditional use permit on a parcel of land shall not be resubmitted or reconsidered for a period of one year after it has been acted upon at a public hearing of the planning and zoning commission, except application may be made for a different zoning change or conditional use permit on a parcel of land six months after such previous action has been taken. In addition, any reapplication for a different zoning district change shall be permitted if an additional double fee is charged.

(Ord. No. 76, § 3, 5-1-1989; Ord. of 12-1-1994, § II; Ord. of 11-7-2002, § 3; Ord. of 1-13-2011, § III; Ord. of 6-30-2011, § 2(10))

A zoning district change request may be amended by the city council to a more restrictive classification if all petitioners agree to such amendment in writing. Such amendment and reconsideration shall not require readvertisement or notice to surrounding property owners and shall be considered by the council at the original (same) public hearing.

(Ord. No. 76, § 3, 5-1-1989; Ord. of 12-1-1994, § II; Ord. of 11-7-2002, § 3; Ord. of 1-13-2011, § III; Ord. of 6-30-2011, § 2(11))

(a)

If a subdivision covenant requires a greater width or size of a yard, court, or other open space, requires a lower building height or fewer number of stories for a building, requires greater percentage of lot to be left unoccupied, or otherwise imposes higher standards than those required under another statute or local ordinance or regulation, the higher stature, ordinance or regulation controls.

(b)

This article does not authorize the city council to require the removal or destruction of property that exists at the time the city council implements this chapter and that is actually and necessarily used in a public service business.

(c)

In accordance with V.T.C.A., Local Government Code § 211.013, this chapter does not apply to a building, other structure, or land under the control, administration, or jurisdiction of a state or federal agency. This chapter shall apply to a building, other structure, or land under the control, administration, or jurisdiction of a political subdivision of the state to the extent permitted by state law.

(Ord. No. 76, § 3, 5-1-1989; Ord. of 12-1-1994, § II; Ord. of 11-7-2002, § 3; Ord. of 1-13-2011, § III; Ord. of 6-30-2011, § 2(12))

(a)

Material to be submitted with the application:

(1)

If the property to be rezoned is occupied by an existing structure(s), one copy of a detailed site development plat at a scale of not less than 40 feet to the inch showing the following is required:

a.

Lot lines with dimensions;

b.

Location of structure(s) within lot;

c.

Size and use of structure(s) including number of dwellings units in multi- family structure(s);

d.

Required setbacks;

e.

Utility rights-of-way and easements;

f.

Storm water drainage;

g.

On-site parking areas, loading and unloading berths (if applicable):

1.

Number and size of parking spaces;

2.

Lighting of parking areas;

h.

Curb cuts and driveways;

i.

Pedestrian ways;

j.

Open spaces, where applicable;

k.

Size and design of exterior signs;

l.

Architectural design of building(s).

(2)

If property is vacant or raw land, one copy of a generalized plot plan showing the following is required:

a.

Dimensions of the areas and legal description thereof;

b.

Location of streets and ingress and egress to the property;

c.

General features or concept of the development.

(3)

Submit the necessary legal documents and provide proof of ownership, including a copy of the warranty deed or certificate of title.

(4)

A copy of deed restrictions, existing or proposed, or a statement form the title company certifying that deed restrictions do not exist.

(5)

A copy of the city tax certificate for each parcel described on the rezoning application. Delinquent taxes must be paid in full before application is considered.

(6)

After application is accepted, any outstanding fees become due and are non-refundable.

(b)

Applications will be accepted on a first come first serve basis and the planning and zoning commission reserves the right to limit the amount of zoning cases heard each month.

(c)

Dismissal for want of prosecution. If an applicant fails to appear or be represented at the time their case is being heard, the commission can, at their discretion, postpone or hear the case with or without the applicants being represented. The applicant's case shall be automatically dismissed for want of prosecution. Failure to receive the notice by certified mail will not excuse failure to appear.

(d)

Fill out the request for rezoning form.

(Ord. No. 522, § 2, 10-28-2021)

The city manager or designee has the discretion to waive any of the requirements listed in section 46-59.

(Ord. No. 522, § 2, 10-28-2021)

(a)

Generally. It is unlawful to use or occupy or permit the use or occupancy of any structure, land, or part thereof created, erected, chaired, converted, or enlarged in its use or dimensions until a certificate of occupancy shall have been issued therefore by the building official stating that the proposed use of the building or land conforms to the requirements of this chapter.

(b)

For nonconforming structures and uses. 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.

(c)

For issuance of building permits. 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 compliance with the provisions of this chapter upon completion of the work.

(Ord. No. 76, § 4(4), 5-1-1989; Ord. of 5-2-1993, § II; Ord. of 10-6-1994, §§ II, III; Ord. of 2-2-1997(1), § II; Ord. of 2-4-2000, § II; Ord. of 9-20-2001, §§ II, III; Ord. of 11-7-2002, § 4; Ord. No. 467, § 18, 6-6-2019)

The building official may issue a temporary certificate of occupancy for a period not to exceeding 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 public.

(Ord. No. 76, § 4(4), 5-1-1989; Ord. of 5-2-1993, § II; Ord. of 10-6-1994, §§ II, III; Ord. of 2-2-1997(1), § II; Ord. of 2-4-2000, § II; Ord. of 9-20-2001, §§ II, III; Ord. of 11-7-2002, § 4; Ord. No. 467, § 18, 6-6-2019)

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

(Ord. No. 76, § 4(4), 5-1-1989; Ord. of 5-2-1993, § II; Ord. of 10-6-1994, §§ II, III; Ord. of 2-2-1997(1), § II; Ord. of 2-4-2000, § II; Ord. of 9-20-2001, §§ II, III; Ord. of 11-7-2002, § 4; Ord. No. 467, § 18, 6-6-2019)