(a)

The city council may from time to time, after receiving a recommendation 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. Changes in the text of this chapter or to zoning district boundaries may be ordered for consideration by the city council, may be initiated by the planning and zoning commission, or may be requested by the owner of real property, or his/her authorized representative.

(b)

Consideration for a change in any zoning district boundary line or special zoning regulation may be initiated only by the property owner or his/her authorized agent proof of such authorization must be submitted with the zoning application, per section 102-100.2, or by the planning and zoning commission or the city council on its own motion when it finds that public benefit will be derived from consideration of such matter. In the event the ownership stated on an application and that shown in City records are different, the applicant shall submit proof of ownership and verification that he/she is acting as an authorized agent for the property owner.

(Ord. No. 1089, § 1, 6-28-2017)

(a)

Each application for zoning, rezoning, a specific use permit (SUP), or for a text amendment to a provision(s) of this chapter, shall be made in writing on an application form available in the mayor's or his/her designee's office. The application shall be delivered to the city and shall be accompanied by payment of the appropriate fee as established in the currently adopted city fee schedule. An accurate metes and bounds description of the subject property, or other suitable legal description, a survey, and other appropriate exhibits such as site plans, maps, architectural elevations, information about proposed uses, and any other information that is determined necessary by the mayor or his/her designee shall also be submitted with the zoning application in order to ensure that the request is processed in accordance with this chapter.

(b)

All zoning change requests involving real property shall be accompanied by a notarized statement verifying land ownership and, if applicable, authorization of land owner's agent to file the zoning change request.

(Ord. No. 1089, § 1, 6-28-2017)

(a)

For zoning and rezoning requests involving real property, the planning and zoning commission shall hold at least one public hearing on each zoning application, as required in V.T.C.A., Local Government Code ch. 211, as amended. For proposed changes to zoning district boundaries, notice of the public hearing to occur before the planning and zoning commission shall be accomplished by providing written notice of the public hearing to be sent to all owners of property, as indicated by the most recently approved city tax roll, that is located within the area of application and within 200 feet of any property affected thereby, said written notice to be sent before the 10th calendar day prior to the date such hearing is held. Such notice may be served by using the last known address as listed on the most recently approved tax roll and depositing the notice, postage paid, in the United States mail. Changes in the ordinance text which do not change zoning district boundaries do not require written notification to individual property owners.

(b)

The city may, at its option, establish additional rules and procedures for public notification of proposed zoning changes and development proposals which may include, but not be limited to, the posting of a sign(s) on any property that is proposed for a zoning change or development by the applicant or its agent(s). Knowledge of and adherence to such rules and procedures, if so established by the city, shall be the responsibility of the applicant and shall be required as part of a zoning change or development application. The city shall make available one copy of all rules and procedures in the mayor's office.

(Ord. No. 1089, § 1, 6-28-2017)

(a)

The planning and zoning commission shall perform its duties in accordance V.T.C.A, Local Government Code ch. 211, this chapter and applicable provisions in the city's Code of Ordinances.

(b)

The commission shall hold a public hearing on a zoning or rezoning request. After all public input has been received and the public hearing closed, the commission shall make its recommendations on the proposed zoning request, stating its findings, and its assessment regarding how the request relates to the city's comprehensive plan. The planning and zoning commission may, on its own motion or at the applicant's request, defer its decision/recommendation from the time the public hearing was first opened, or until it has had an opportunity to consider other information or proposed modifications to the request. If the commission elects to defer the request, such deferment shall specifically state the time period of the deferment by citing the meeting date whereon the request will reappear on the commission's agenda, and further notice in the newspaper and to surrounding property owners shall not be required.

(c)

When the commission acts upon a zoning request, it may recommend approval of the request as it was submitted by the applicant, approval of the request subject to certain conditions or disapproval of the request. The planning and zoning commission, after the public hearing is closed, shall vote on its recommendations on the proposed change to be sent in a report to the city council. Such report may recommend for or against such proposed change and may, but need not, include reasons for such decision. The zoning request will be automatically forwarded to the city council for a public hearing thereon, as provided in section 102-100.5. In the event of a tie, due to absence of members, the Planning and zoning commission shall send a report of its vote to the city council and that report shall constitute its recommendation.

(d)

Withdrawal. Any proposal or application may be withdrawn by the proponent after the planning and zoning commission makes its final report, and such proposal or application shall not be subject to the provision hereof that a period of time must pass before a new application is considered. If such proposal is withdrawn, the city council will not consider it. Withdrawal of an application from a public hearing or meeting agenda is at the review or decision-making authority's discretion.

(Ord. No. 1089, § 1, 6-28-2017)

(a)

Applications forwarded from the planning and zoning commission to the city council.

(1)

Every zoning application which is recommended for approval or approval with conditions by the planning and zoning commission shall be automatically forwarded to the city council for a public hearing to be held following appropriate public hearing notification by publishing the purpose, time and place of the public hearing in the official newspaper of the city before the 15th calendar day prior to the date of the public hearing. The city council may then approve the request, approve it with conditions, or disapprove it by a majority vote of the council members present and voting.

(b)

City council action on zoning, rezoning or text amendment requests. After a public hearing is held before the city council regarding the zoning application, the city council may approve the request in whole or in part, deny the request in whole or in part, defer the application to a future meeting, specifically citing the city council meeting to which it is deferred, or it may refer the application back to the planning and zoning commission for further study.

(1)

If the city council approves the request, then section 102-100.5(d) will apply.

(2)

If the city council denies the request, an identical application cannot be submitted for one year. Where the request was initiated by the city and involved a proposed amendment to the text of the ordinance, a waiting period is not required before the request can be reconsidered.

(c)

Protests. For zoning and rezoning requests involving real property, a favorable vote of three-fourths of all members of the city council shall be required to approve any change in zoning when written objections are received from 20 percent or more of the land area covered by the proposed change, or of the land area within 200 feet of the subject property, in accordance with the provisions of V.T.C.A., Local Government Code § 211.006. If a protest against such proposed zoning change has been filed with the city secretary, duly signed and acknowledged by the owners of 20 percent or more, either of the area of the land included in such a proposed change or those owners of property immediately adjacent to the subject property and extending 200 feet, such zoning change shall not become effective except by a three-fourths vote of the full city council.

(d)

Final approval and ordinance adoption. In order to approve and adopt a zoning amendment ordinance, the applicant shall submit a correct description and all required exhibits submitted to the mayor or his/her designee. The amending ordinance shall not be formally adopted until it is approved by the city council, signed by the mayor, and attested by the city secretary.

(Ord. No. 1089, § 1, 6-28-2017)

(a)

The mayor or his/her authorized representative, shall administer and enforce the provisions of this chapter. If the mayor or his/her authorized representative finds upon his/her own personal observation, or upon receipt of a complaint, that the provisions of this chapter are being violated, he/she shall immediately investigate and, when necessary, give written notice to the person(s) responsible to cease or correct such violation(s) immediately. Notice shall be delivered in person or by certified mail to the violator(s) or to any person owning or leasing a property where the violation is occurring. The mayor or his/her authorized representative shall have the right to enter upon any premises at any reasonable time in conformance with local and state laws, for the purpose of making inspections of buildings or premises that may be necessary to carry out the duties in the enforcement of this chapter.

(b)

Stop work orders. Whenever any building or construction work is being done contrary to the provisions of this chapter, the mayor or his/her authorized representative shall have the authority to order the work stopped by notice in writing served on the property owner or the contractor doing the work or causing such work to be done, and any such person shall forthwith stop such work until authorized in writing by the city to proceed with such work in accordance with local and state law. Failure to immediately stop work as provided herein shall constitute a violation of this chapter, in accordance with section 102-6 and may incur penalties for such violation.

(Ord. No. 1089, § 1, 6-28-2017)

Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any zoning or development application or on any appeal.

(Ord. No. 1089, § 1, 6-28-2017)

Purpose. This section establishes a site plan review process for proposed nonresidential, mixed use and multi-family residential developments. The purpose of the review is to ensure efficient and safe land development, harmonious use of land, compliance with appropriate design standards, safe and efficient vehicular and pedestrian circulation, adequate parking and loading, and adequate water supply, drainage and storm water management, sanitary facilities, coverage, and other utilities and services.

(Ord. No. 1089, § 1, 6-28-2017)

(a)

Site plan review and approval shall be required for all nonresidential, mixed-use, townhouse, single-family attached, and multi-family residential projects and structures, and for any planned development district or specific use permit. Authorized nonresidential structures within a residential zoning district are subject to the site plan review and approval requirements of this section.

(b)

No building permit shall be issued for any of the above developments until a site plan and all other required engineering/construction plans are first approved by the city. No certificate of occupancy shall be issued until all construction and development conforms to the site plan and engineering/construction plans, as approved by the zoning administrator.

(Ord. No. 1089, § 1, 6-28-2017)

Site plan review shall not be required for single-family detached residential developments.

(Ord. No. 1089, § 1, 6-28-2017)

(a)

All required items and/or information for an application for a site plan must be received by the mayor or his/her designee in order for the application to be considered complete, pursuant to section 102-101.5, and incomplete submissions will not be reviewed until all deficient items and information have been received. The city will provide to the applicant not later than the 10th business day after the date the application is filed written notice of the failure that specifies the necessary documents or other information and the date the application will expire if the documents or other information is not provided. The site plan shall be prepared by a professional engineer (P.E.), land planner, architect or surveyor, at a scale no smaller than one inch equals 100 feet, and it shall clearly show in detail how the site will be constructed. The site plan shall include, but not be limited to the following:

(1)

An application form, provided by the city, with notarized signatures of the owner or his/her designated representative if the applicant is not the owner of the subject property.

(2)

Appropriate filing fee, as set forth in the currently adopted city fee schedule.

(3)

Verification that all taxes and assessments on the subject property have been paid.

(4)

Plans submitted shall be on sheets 24 inches by 36 inches.

(5)

A title block within the lower right hand corner of the site plan with the proposed name of the project/subdivision, the name and address of the owner/developer and the land planner, engineer architect or surveyor responsible for the plan, the scale of the drawing (both written and graphic scale), the date the drawing was prepared, total site acreage, and the location of the property according to the abstract and survey records of Fort Bend County, Texas;

(6)

A vicinity or location map that shows the location of the proposed development within the city, and in relationship to existing roadways;

(7)

The boundary survey limits of the tract and each proposed lot and scale distances with north clearly indicated;

(8)

The names of adjacent additions or subdivisions or the name of the owners of record and recording information for adjacent parcels of unplatted land, including parcels on the other sides of roads, creeks, etc.;

(9)

The existing zoning and existing/proposed uses on adjacent land; the location, width and names of all existing or platted streets or other public ways within or adjacent to the tract; any existing easements, with recording information; existing buildings; railroad rights-of-way; topography (contours at two-foot intervals) with existing drainage channels or creeks, including the 100-year flood plain, if applicable; any other important natural features, such as rock outcroppings, caves, wildlife habitats, etc.; and all substantial natural vegetation;

(10)

Proposed strategies for tree preservation including showing individual trees or tree masses that will be preserved, and the techniques that will be used to protect them during construction;

(11)

The layout and width (right-of-way lines and curb lines) of existing and proposed thoroughfares, collector streets and/or intersections, and specific configuration of proposed streets, lots and blocks, proposed driveways including driveway widths and distances between driveways, proposed median openings and left turn lanes on future divided roadways and existing and planned driveways on the opposite side of divided roadways must also be shown for coordination and sharing of future median openings;

(12)

Specific locations and footprints of buildings, including but not limited to proposed nonresidential and residential densities; building heights, square footages (for multi-tenant or multi-purpose buildings, show square footage for each intended use), massing, orientation, loading/service areas (including proposed screening), recycling containers, compactors and dumpster enclosures (including proposed screening), pedestrian walkways, and parking areas (including parking ratio calculations); any proposed sites for parks, schools, public facilities, public or private open space; flood plains/drainage ways; all proposed and existing utilities and easements; drainage structures; retention/detention ponds with proposed aesthetic treatments; screening walls; fences; signage; fire lanes and fire hydrants; lighting; visibility easements; and other pertinent development related features;

(13)

A landscape plan showing turf areas, tree types and sizes, screening walls, ornamental plantings, planting schedule (including species, planted height, spacing, container/caliper size, numbers of each plant material, etc.) any existing wooded areas, trees to be planted, and irrigation plans, if required;

(14)

Color building façade (elevation) plans showing elevations with any attached (wall-mounted) signage to be used, as determined appropriate by the mayor or his/her designee;

(15)

General layout for the required public improvements, such as water, wastewater, grading/storm drainage, water quality, fire lanes and hydrants, screening and landscaping, the quantity of which shall be determined by the mayor or his/her designee;

(16)

Reduced copies 11 inches by 17 inches of the site plan as required by the mayor or his/her designee;

(17)

One set of all site plan pages submitted to the city in a readily readable digital format; and

(18)

Any additional information/materials, such as plans, maps, exhibits, legal description of property, information about proposed uses, and other information deemed necessary by the mayor or his/her designee in order to ensure that the development request is understood.

(b)

To ensure the submission of adequate information, the city is hereby empowered to maintain and distribute a separate list of specific requirements for site plan review applications. Upon periodic review, the mayor or his/her designee shall have the authority to update such requirements for site plan and development review applications. It is the applicant's responsibility to be familiar with, and to comply with, these requirements.

(c)

Extent of area that should be included in a site plan. When the overall development project is to be developed in phases, the site plan area shall include only the portion of the overall property that is to be developed/constructed.

(Ord. No. 1089, § 1, 6-28-2017)

The approval of a site plan shall be effective for a period of two years and shall thereafter lapse unless progress has been made on the construction of the project in accordance with the provisions of V.T.C.A., Local Government Code § 245.005, as amended.

(Ord. No. 1089, § 1, 6-28-2017)

(a)

Before a site plan expires, the applicant may submit to the city a request to extend the time period of the site plan. The request will be considered by the planning and zoning commission and city council.

(b)

If no request for extension for a site plan is received, then the site plan will be considered null and void. Any new request for site plan approval shall be deemed a "new project;" shall be submitted with a new application form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this chapter.

(c)

In determining whether to grant a request for extension, the city council shall take into account the reasons for the lapse, the ability of the property owner to comply with any conditions attached to the original approval, and the extent to which development regulations would apply to the site plan.

(Ord. No. 1089, § 1, 6-28-2017)

(a)

Nature of specific use. A specific use is a land use which, because of its unique nature, is compatible with the permitted land uses in a given zoning district only upon a determination that the external effects of the use in relation to the existing and planned uses of adjoining property and the neighborhood can be mitigated through imposition of certain standards and conditions. This section sets forth the standards used to evaluate proposed special uses and the procedures for approving specific use permit applications.

(b)

Permit required. No specific use shall be established and no building permit shall be issued for any use designated as a specific use within any zoning district until a specific use permit (SUP) is issued in accordance with this section. An application for an SUP shall be accompanied by a detailed site plan prepared in the manner described in section 102-101 of this chapter. The site plan shall illustrate the proposed use to be established, its relationship to adjoining properties, and how it meets the approval standards set forth in section 102-101.

(Ord. No. 1089, § 1, 6-28-2017)

The following general rules apply to all special uses:

(1)

The designation of a use in a zoning district as may be permitted by SUP in section 102-83 of this chapter does not constitute an authorization or assurance that such use will be approved.

(2)

Approval of an SUP shall authorize only the particular use for which the SUP is issued.

(3)

No use authorized by an SUP shall be enlarged, extended or relocated, nor may the number of dwelling units be increased, unless an application is made for approval of a new specific use permit.

(4)

Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by these zoning regulations, the city Code of Ordinances, and any permits that may be required by regional, state or federal agencies.

(Ord. No. 1089, § 1, 6-28-2017)

(a)

Application requirements. An application for a specific use permit may be submitted by the property owner or by the property owner's designated representative to the city. The application shall be accompanied by a site plan prepared in accordance with the requirements of section 102-101 of this chapter.

(b)

Subdivision approval. If the proposed use requires a division of or the platting of land, an application for the first step in subdivision approval shall be submitted in conjunction with the application for a specific use permit. Approval of the specific use permit shall not become effective until final approval of the subdivision application provided that, if the land is to be divided and developed in phases, the approval of the specific use permit shall take effect upon final plat approval of the phase of the subdivision containing the property on which the special use is to be located.

(Ord. No. 1089, § 1, 6-28-2017)

(a)

Planning and zoning commission recommendation. Upon receipt of the recommendation from the Mayor or his/her designee the planning and zoning commission shall conduct a public hearing in order to formulate its recommendations to the city council on the specific use permit application. Following the public hearing, the planning and zoning commission shall recommend approval, approval subject to modification, or denial of the proposal to the city council. If the appropriateness of the use cannot be assured at the location, the planning and zoning commission shall recommend denial of the application as being incompatible with existing uses or with other uses permitted by right in the district.

(b)

City council action. The city council shall be the final decision-maker on applications for specific use permits. Following a public hearing and in consideration of the planning and zoning commission's recommendations, the city council shall approve, modify or deny the proposal for a specific use permit in accordance with this chapter. If the appropriateness of the use cannot be assured at the location, the application for specific use permit shall be denied as being incompatible with existing uses or with other uses permitted by right in the district.

(Ord. No. 1089, § 1, 6-28-2017)

(a)

Factors for consideration. When considering applications for a specific use permit, the planning and zoning commission in making its recommendation and the city council in rendering its decision on the application shall, on the basis of the concept plan/site plan and other information submitted, evaluate the impact of the special use on, and the compatibility of the use with, surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The planning and zoning commission and the city council shall specifically consider the extent to which:

(1)

The proposed use at the specified location is consistent with the goals, objectives and policies contained in the adopted comprehensive plan;

(2)

The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations;

(3)

The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances, includes improvements or modifications either on-site or within the public rights-of-way to mitigate development related adverse impacts, including but not limited to:

a.

Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, and access in case of fire;

b.

Off-street parking and loading areas;

c.

Refuse and service areas;

d.

Utilities with reference to location, availability, and compatibility;

e.

Screening and buffering features to minimize visual impacts, and/or set-backs from adjacent uses;

f.

Control of signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;

g.

Required yards and open space;

h.

Height and bulk of structures;

i.

Hours of operation;

j.

Exterior construction material and building design; and

k.

Roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development-generated traffic on neighborhood streets.

(4)

The proposed use is not materially detrimental to the public health, safety, convenience, morals, and welfare, or results in material damage or prejudice to other property in the vicinity.

(b)

Conditions. In approving the application, the planning and zoning commission may recommend, and the city council may impose, such additional conditions as are reasonably necessary to assure compliance with these standards and the purpose and intent of this section, in accordance with the procedures in section 102-102 of this chapter. Such additional conditions shall exceed the minimum standards contained herein or in any other applicable city Code or Ordinance, and they cannot relax or grant relief from any of the city's minimum standards. Any conditions imposed shall be set forth in the ordinance approving the specific use, and shall be incorporated into or noted on the concept plan or site plan for final approval. The mayor or his/her designee shall verify that the plan incorporates all conditions set forth in the ordinance authorizing the special use, and shall sign the plan to indicate final approval. The city shall maintain a record of such approved special uses and the site plans and conditions attached thereto.

(c)

Prohibition on waivers and variances. The foregoing additional conditions shall not be subject to variances that otherwise could be granted by the board of adjustment nor may conditions imposed by the city council subsequently be waived or varied by the BOA. In conformity with the authority of the city council to authorize special uses, the city council may waive or modify specific standards otherwise made applicable to the use by this chapter, to secure the general objectives of this section.

(Ord. No. 1089, § 1, 6-28-2017)

A specific use permit shall automatically expire if a building permit is not issued and construction begun within 180 days of the granting of the specific use permit; the use has not begun operation (if no construction is required) within 180 days of the granting of the specific use permit.

The zoning administrator may extend the specific use permit for a period of 180 days if the applicant requests the extension prior to the expiration of the specific use permit.

(Ord. No. 1089, § 1, 6-28-2017)

Upon request of the applicant, the mayor or his/her designee may authorize minor amendments to a specific use permit so long as such minor amendments do not change the land use or substantially change the character, development standards, or design of the development as shown on the approved detailed plan. For purposes of this provision, a "substantial change" shall mean a change which will increase the number of proposed dwelling units, increase the floor to area ratio, size of structure, height, lot coverage, or number of stories or buildings, reduce lot, or yard size, decrease the amount of required off-street parking spaces, change types of buildings, setbacks, street access points, or lots, increase density, change traffic patterns, or alter the basic relationship of the proposed development to adjacent properties. The mayor or his/her designee shall make such authorization only in writing and such document shall be placed in the ordinance file governing the specific plan.

(Ord. No. 1089, § 1, 6-28-2017)

Uses allowed by SUP are specified in section 102-83, Principal Permitted Uses.

(Ord. No. 1089, § 1, 6-28-2017)

A building, lot of record, use of land, site improvements or a building, method or requirement for development, or other such use or structure that was lawful when commenced but which are contrary to the regulations set forth in this chapter or because of future amendments to this chapter, annexation into the city, or eminent domain. Such nonconformities are deemed to be incompatible with permitted uses and structures in the applicable zoning district and are contrary to the stated purposes of this chapter. With due regard for the property rights of the persons affected when considered in light of the public welfare and in view of protecting the use and enjoyment of adjacent conforming properties, it is the declared purpose of this section that nonconformities be eliminated and be required to conform to the regulations in this chapter. Notwithstanding the above, such nonconformities may be continued subject to the conditions and limitations set forth in this section.

(Ord. No. 1212, § 1, 1-19-2022)

Buildings or other structures may be erected on a nonconforming single lot of record, provided such lot has access from a street in accordance with the subdivision ordinance or other applicable ordinances. This provision shall apply even though such lot fails to meet the minimum requirements for area, width, depth, or other requirements for lots set forth in the applicable zoning district regulations; however, all other provisions of the applicable zoning district regulations shall apply. Any building or structure constructed on a nonconforming lot of record shall meet all development regulations in the zoning district unless the board of adjustment grants a variance(s). No building or structure shall be constructed on multiple lots. Whenever construction is desired on multiple lots, the property owner or the property owner's agent shall replat the property into a single lot.

(Ord. No. 1212, § 1, 1-19-2022)

A nonconforming use of land may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

Alteration in size of nonconforming use. No nonconforming use of land shall be enlarged, increased, or extended to occupy a greater area of land than was occupied at the time it became nonconforming.

(2)

Moving a nonconforming use. No such nonconforming use shall be moved, in whole or in part, to any portion of the same lot or parcel other than that occupied by such use at the time it became nonconforming.

(3)

Exceptions. A nonconforming use of land may be expanded or extended to provide off street loading or off street parking space facilities.

(4)

Intensification of nonconforming use. A nonconforming use of land may not be intensified from the date at which it became nonconforming. Evidence of the intensification of the use of the land includes, but is not limited to:

a.

Adding new building or structures or expanding existing buildings or structures on the land;

b.

Adding any equipment on the land;

c.

Adding impervious cover on the land;

d.

Adding additional merchandise, vehicles or equipment for display on the land; or

e.

Adding additional merchandise, vehicles or equipment for operation from, on or off of the land.

(Ord. No. 1212, § 1, 1-19-2022)

A nonconforming building may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

Alteration in size of building. No such nonconforming building may be enlarged, extended, reconstructed, repaired, or altered in a way that increases its nonconformity, but any building or portion thereof may be repaired or altered to decrease its nonconformity or to comply with city building codes;

(2)

Moving a nonconforming building. Should a nonconforming building be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the zoning district in which it is located after it is moved.

(Ord. No. 1212, § 1, 1-19-2022)

A nonconforming use of a building may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

Alteration in size of nonconforming use of building. A nonconforming use of a building shall not be enlarged, extended, or altered and no occupancy of additional buildings or land by a nonconforming use shall be permitted.

(2)

Moving a nonconforming use. No such nonconforming use of a building shall be moved, in whole or in part, to any portion of the same lot or parcel other than that occupied by such use at the time it became nonconforming.

(3)

Exceptions. A nonconforming use of a building may be extended throughout any parts of the building that were manifestly arranged or designed for such use at the time it became nonconforming, but only if:

a.

No structural alterations, except those required by law or ordinance, are made;

b.

No nonconforming use of the building is extended to occupy any land outside the building as it existed at the time it became nonconforming; and

c.

No additional dwelling units are added when the nonconforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located.

(Ord. No. 1212, § 1, 1-19-2022)

(a)

Nonconforming site improvements. A situation that occurs when, on the effective date of this chapter, as amended from time to time, an existing site improvement on a lot, including but not limited to accessory uses; outdoor display, sales, and storage; site parking and loading; parking surface; signage (including banners, flags, temporary, portable, spectacular, and window signs); sign elements (including balloons; smoke, noise or odor emitters; streamer lights; and temporary lettering or graphics); on premise signs; sidewalks; landscaping (including on-lot and parking lot landscaping and street trees); building screening; and buffer yards, no longer conforms to one or more of the regulations of this chapter applicable to the property.

(Ord. No. 1212, § 1, 1-19-2022)

(a)

Change to a conforming structure or use. Any nonconformity may be changed to a conforming structure or use, and once such change is made, the structure or use shall not thereafter be changed back to a nonconforming structure or use.

(b)

Accessory structure or use. No nonconforming accessory structure or use shall continue after the principal structure or use shall have ceased or terminated unless the accessory structure or use shall thereafter conform to the provisions of the zoning district in which it is located.

(c)

Structure or use already permitted. Nothing contained in this section shall require any change in the plans, construction, or designated use of a structure or use for which a building permit was lawfully issued no more than two years prior to the date the structure or use became nonconforming, provided, that such construction shall have been started at the time such structure or use became nonconforming and shall have been diligently prosecuted to completion.

(d)

Expansion of nonconforming use upon approval of BOA. The board of adjustment may permit an expansion of a nonconforming use not to exceed 25 percent of the existing area of the use or structure actually being occupied by the nonconformity, subject to the development regulations applicable in the zoning district, provided that no structures are constructed that are not allowed in the existing zoning district and provided the board finds that the proposed use will be compatible with the surrounding area, will comport with the intent of the comprehensive plan, will not have a harmful effect on surrounding land uses, will not adversely affect the health, safety, and welfare of the citizens, and will not damage surrounding property values or the character of surrounding neighborhoods.

(e)

Special exception structure or use. Any structure or use that is permitted as a special exception by the board of adjustment shall, upon its establishment, be considered a conforming structure or use in that district, provided that this regulation shall not be so interpreted as to waive any conditions placed on the special exception by the board of adjustment.

(Ord. No. 1212, § 1, 1-19-2022)

(a)

If a nonconformity is destroyed, damaged or deteriorated to the extent that the cost to reconstruct or rebuild such nonconformity exceeds 50 percent of its replacement cost, the nonconformity may not be reconstructed or rebuilt except to conform with the provisions of this chapter.

(b)

Notwithstanding subsection (a), above, the board of adjustment may, after a public hearing, authorize reconstruction or rebuilding when the destruction, damage, or deterioration amounts to 50 percent or more of the replacement cost of the structure at the time of destruction, damage, or deterioration. The board shall consider, among other factors, the owner's property rights and the effect of such nonconformity on surrounding properties.

(c)

If the owner of a nonconformity fails to begin reconstruction of the damaged, destroyed, or deteriorated structure (when permitted to do so by the terms of this section) within six months of the date of destruction, damage, or deterioration, or approval by the board of adjustment, the nonconformity shall be deemed to be discontinued or abandoned as provided in section 102-103.8, below.

(d)

Notwithstanding anything herein to the contrary, a nonconforming single-family residence which is damaged, destroyed, or deteriorated shall be permitted to be reconstructed without the approval of the board of adjustment regardless of the extent of damage, destruction, or deterioration, provided that the construction complies with all current building codes and is commenced within six months after the date of damage, destruction, or deterioration. The failure of the owner to start such reconstruction within six months shall forfeit the owner's right to restore or reconstruct the dwelling except in conformance with this chapter.

(Ord. No. 1212, § 1, 1-19-2022)

When a nonconformity is abandoned or discontinued, all nonconforming rights shall cease and the nonconformity shall thereafter conform to this chapter. Discontinuance or abandonment shall be defined when:

(1)

The owner or occupant ceases to use the nonconformity in the same manner as previously used for six consecutive months, regardless of whether the owner intended or consented to the cessation of such nonconformity. Evidence that a nonconformity is not used in the same manner may include, without limitation, the following:

a.

The structure becomes vacant;

b.

The use changes, is temporarily prohibited, or is moved from the premises;

c.

The equipment and furnishings are removed from the premises;

d.

Utility service to the premises is terminated;

e.

The owner or occupant expresses an intent, through actions or statements, to discontinue or change the use; or

f.

The premises are dilapidated, substandard, abandoned, or not maintained in a suitable condition for occupancy.

(2)

The owner or occupant of a nonconformity that is only on a seasonal basis ceases to use the nonconformity in the same manner as previously used during the season in which it is customarily used.

(3)

A nonconformity is replaced with or reconstructed to become a conforming use or structure.

(4)

The ownership or occupancy changes; except that an ownership or occupancy change will not be considered a discontinuance or abandonment of a nonconformity if the city council, after recommendation of the planning and zoning commission, grants a specific use permit in accordance with section 102-102.

a.

In addition to the standards set forth in section 102-102.5, the applicant for a specific use permit under this section must show compliance with the following provisions within one year of ownership or occupancy change:

1.

Section 102-131.1—Parking requirements applicable to all zoning districts;

2.

Section 102-150—Development and construction standards;

3.

Section 102-151—Performance Standards;

4.

Section 102-152—Screening and fencing;

5.

Section 102-153—Open storage and processing;

6.

Section 102-154—Outdoor sales, display and storage;

7.

Section 102-155—Landscaping;

8.

Section 14-476—International Property Maintenance Code; and

9.

Any other standard established by city council.

b.

Failure to bring the nonconformity in compliance will result in the nonconformity being considered discontinued or abandoned.

c.

City council may grant an extension for the time limit for compliance.

(Ord. No. 1212, § 1, 1-19-2022)

The city council may request that the board of adjustment establish a compliance date for discontinuance of a nonconformity in accordance with this section.

In determining whether to initiate an amortization proceeding, the board of adjustment may consider the character of the surrounding area, the degree of incompatibility of the nonconformity to the zoning district in which it is located, the effect of the nonconformity on the surrounding area, the effect of cessation of the nonconformity on the area, any other danger or nuisance to the public caused by the nonconformity, and any other factors the board considers relevant. If the board determines that there is no public necessity for establishing a compliance date, the board shall request that the city council initiate rezoning of the property to bring the nonconformity into compliance with applicable zoning regulations.

Written notice of the hearing shall be mailed to the owner of the use and the owner of the property at least 30 days before the hearing.

The compliance date for discontinuance of a nonconformity shall be prescribed by the board at a public hearing, after hearing testimony from the owner, the operator, neighboring property owners, community organizations and other interested parties. In prescribing a reasonable amortization period for the nonconformity to give the property owner an opportunity to recover his investment from the time the nonconformity commenced, as allowed by law, the board shall consider the following factors:

(1)

The owner's capital investment in structures, fixed equipment and other assets (excluding the land and any inventory and other assets that may be feasibly transferred to another site) on the property before the time the nonconformity commenced. Any such investment made after the nonconformity commenced shall not be included;

(2)

Any costs that are directly attributable to the establishment of a compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages;

(3)

Any return on investment since inception of the nonconformity, including net income and depreciation;

(4)

The anticipated annual recovery of investment, including net income and depreciation; and

(5)

Any other factors allowed by law.

(Ord. No. 1212, § 1, 1-19-2022)

All legally conforming platted lots and all legally constructed structures existing prior to the effective date of this chapter shall be deemed to continue to be legally nonconforming as of the effective date of this chapter. This provision shall apply even though such lot or structure fails to meet the minimum requirements for area, width, or both, as governed by the applicable area regulations for that particular zoning district; however, all other provisions of the applicable zoning district area regulations, such as setback distances, heights, and percent of lot coverage shall apply. Any change, alteration, or modification decreasing the area of any said lot or structure shall conform to these zoning regulations contained herein or be authorized by variance granted by the board of adjustment.

(Ord. No. 1212, § 1, 1-19-2022)

Any nonconforming use, structure or site improvement which lawfully existed as of the effective date of this chapter and which remains nonconforming; any use, structure or site improvement which has become nonconforming due to the acquisition of property for the purposes of right-of-way use by a governmental agency as part of an approved project; and any use, structure or lot which has become nonconforming as a result of the adoption of this chapter or any subsequent reclassification of zoning districts or other amendment to this chapter, may be continued or maintained only in accordance with the terms of this section.

(Ord. No. 1212, § 1, 1-19-2022)

Nothing contained in this section is intended to alter any rights that may have accrued under prior regulations, pursuant to V.T.C.A., Local Government Code §§ 43.002, and 245.001 to 245.007 as amended.

(Ord. No. 1212, § 1, 1-19-2022)

(a)

The owner of any lot upon which a nonconforming use, nonconforming structure or a nonconforming site improvement exists shall register said nonconforming use, structure or site improvement with the city secretary within six months following adoption of this chapter or, as applicable, following adoption of any amendment hereto, which renders such use or structure nonconforming. In the event of registration of a nonconforming use or structure, the owner thereof shall be issued a certificate of occupancy nonconforming, with a brief description of the nonconformity, which shall thereafter be considered as evidence of the lawful existence of such nonconforming use or structure. The city secretary or zoning administrator shall maintain on file for the city all certificates of occupancy nonconforming.

(b)

In the event an owner does not register a nonconforming use or structure as provided in subsection (a) above, then thereafter the city shall require proof by the owner that a use, structure, site improvement was lawfully existing at the time of adoption of this chapter, or any applicable amendment hereto, or said nonconforming use or structure shall be deemed unlawful and a violation of this chapter.

(c)

It is the express purpose and intent of this section to create a presumption of illegality for any nonconforming use, structure, site improvement not registered in accordance herewith, and such presumption of illegality shall apply in any permit approval process, in any criminal proceeding relating to violations of this chapter, or to any civil proceeding in which the city seeks to enjoin violation of any provision hereof or seeks the imposition of civil penalties for any such violation.

(Ord. No. 1212, § 1, 1-19-2022)

By adoption of this chapter or any amendment hereto, no existing illegal use shall be deemed to have been legalized unless specifically such use falls within a district where the actual use is a conforming use. Otherwise such uses shall remain nonconforming uses 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, incurred prior to the time this chapter was adopted shall be discharged or affected by the adoption of this chapter; but prosecutions and suits for such offenses, liabilities, penalties, or forfeitures may be instituted and causes presently pending proceeded with in all respects.

(Ord. No. 1089, § 1, 6-28-2017)

(a)

Requirement. 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 use of an existing building to a use of a different classification;

(3)

Occupancy and use of vacant land, except agricultural use;

(4)

Change in the use of land to a use of a different classification; or

(5)

Any change in the use of a nonconforming use.

(b)

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 upon written request to the zoning administrator within five working days after erection or alteration of such building or part thereof has been completed in conformity with the provisions of this chapter.

(c)

Procedure for vacant land or a change in use. Written application for a certificate of occupancy for the use of vacant land, or for a change in the use of land or a building, shall be made to the zoning administrator. If the proposed use is in conformity with the provisions of this chapter, the certificate of occupancy therefor shall be issued within five working days after the application for same has been made, or as soon thereafter as practicable.

(d)

Contents. Every certificate of occupancy shall state that the building or the proposed use of a 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 zoning administrator and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected.

(e)

Temporary certificate. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the zoning administrator for a period not to exceed six months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificates shall not be construed as in any way altering the respective rights, duties or obligations, of the owners or of the city relating to the use or occupancy of the premises or any other matter covered by this chapter.

(Ord. No. 1089, § 1, 6-28-2017)