The official zoning map of the City of Taylor Lake Village shall be kept in the office of the city secretary, and one copy shall be maintained in the office of the building official.

It shall be the duty of the city engineer to keep the official map current and the copies thereof, herein provided for, by entering on such maps any changes which the city council may from time to time order by amendments to the zoning ordinance and map.

The city secretary, upon the adoption of this ordinance, shall affix a certificate identifying the map in her office as the zoning district map of the City of Taylor Lake Village. She shall likewise officially identify the copies directed to be kept by the zoning commission and in the office of the building official.

(a)

Administrative official. The provisions of this ordinance shall be administered and enforced by the building official of the City of Taylor Lake Village. The building official or his duly authorized representative shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises necessary to carry out his duties in the enforcement of this ordinance. Whenever any construction work is being done contrary to the provisions of this ordinance, the building official may order the work stopped by notice in writing served on 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.

(b)

Building permits required. No building or other structure shall be erected, moved, added to or structurally altered without a permit therefore issued by the administrative official. No building permit shall be issued by the administrative official except in conformity with the provisions of this ordinance unless he receives a written order from the board of adjustment in the form of an administrative review, or variance, as provided by this ordinance.

(c)

Application for building permit. All applications for building permits shall be accompanied by accurate plot plans, submitted in duplicate, drawn to scale, showing:

(1)

The actual shape and dimensions of the lot to be built upon;

(2)

The exact sizes and locations on the lot of the buildings and accessory buildings then existing;

(3)

The lines within which the proposed building and structure shall be erected or altered;

(4)

The existing and intended use of each building or part of building; and

(5)

Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this ordinance.

One copy of such plot plans shall be returned to the owner when such plans have been approved. An inspection period of as much as two weeks shall be allowed for inspection of plans before a permit shall be issued. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey by a registered public surveyor or civil engineer (registered in the State of Texas) and the lot shall be staked out on the ground before construction is started.

(d)

Existing permits and private agreements. This ordinance is not intended to abrogate or annul:

(1)

Any permits issued before the effective date of this ordinance; or

(2)

Any easement, covenant or any other private agreement which imposes more stringent regulations or requirements than this ordinance.

(e)

Preserving rights in pending litigation and violations under existing chapters. By the passage of this ordinance, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use 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 ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, shall be discharged or affected by the adoption of this ordinance; 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 had not been repealed.

(f)

Completion of authorized buildings. Nothing in these regulations nor in any amendments hereto which change district boundaries shall require any change in the plans, construction or designated use of a building which shall be completed in its entirety within two years from the date of the passage of this ordinance, provided such building was authorized by building permit before the passage of this ordinance, and further provided construction shall have been started within 90 days of the passage of this ordinance. Commitments with reference to construction of public utility buildings necessary for proposed expansion of the city made prior to the passage of this ordinance shall be observed.

(a)

Required for. 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;

(4)

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

(5)

Any change in the use of a conforming use.

No such occupancy, use or change of use, shall take place until a certificate of occupancy therefor shall have been issued by the building official.

(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 within three days after a written request for the same has been made to said building official or his agent after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this ordinance.

(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, or for a change in a nonconforming use, as herein provided, shall be made to said building official. If the proposed use is in conformity with the provisions of this ordinance, the certificate of occupancy therefor shall be issued within three days after the application for same has been made.

(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 building official or his agent and copies shall be furnished on request to any person having proprietary or tenancy interests in the building or land affected.

(e)

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

(a)

The purpose of the regulations described in this section is to allow within the city the proper integration of uses which may be suitable only in specific locations in a zoning district.

(b)

In addition to the certificate of occupancy called for in this section a specific use permit shall be required before the following specific uses can be permitted in any district:

(1)

Concession stands within a park, playground or playing field.

(2)

Electric substation.

(3)

Gas compressor or regulator station.

(4)

Golf course, but not including commercial golf games or amusement.

(5)

Pipeline easements.

(6)

Private and denominational elementary and high schools, colleges and universities.

(7)

Telephone exchange, but not including garage shop or services.

(8)

Water wells, water and sewage treatment and storage facilities, and appurtenances related thereto.

(9)

Equestrian academy.

(10)

Light manufacturing in district C-1 only.

(c)

A specific use permit is an amendment to the district regulations of the zoning ordinance that permits the permanent establishment of a specific use within a zoning district in which such specific use may be established.

(d)

The administrative official shall not issue a certificate of occupancy for such uses that are hereafter created, changed, converted or enlarged, either wholly or in part, until a specific use permit has been obtained in accordance with the amendment procedures set forth in section 46 hereof.

(e)

Application for a specific use permit shall be made by the property owner or certified agent thereof to the zoning commission on forms prescribed for this purpose by the city council. Such application shall be accompanied by a plan as set forth in subsection 32(c) herein. Specific use permits, revocable, conditional or valid for a term or period, may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this ordinance. Granting a specific use permit does not exempt the applicant from complying with the requirements of the building code or other ordinances.

(f)

The fee to cover administrative and processing costs of a specific use permit application shall be as established by the city council.

(g)

In considering any application for a specific use permit, the zoning commission shall give due regard to the nature and condition of all adjacent uses and structures. The zoning commission may recommend disapproval of an application for a specific use permit and, in recommending approval of a specific use permit the zoning commission may recommend such requirements and conditions with respect to location, construction, maintenance and operation, in addition to the regulations of the district in which the particular use is located, as they may deem necessary for the protection of adjacent properties and public interest.

(h)

The zoning commission shall make a favorable recommendation in behalf of the application to the city council, provided the zoning commission finds:

(1)

That the proposed structure or use conforms to the requirements and intent of this ordinance and the comprehensive plan of the city; and

(2)

That such use will not, under the circumstances of the particular case, constitute a nuisance or be detrimental to the public welfare of the community.

(i)

Every specific use permit granted by the city council shall be considered as an amendment to the zoning ordinance as applicable to such property. In granting such permit the city council may impose conditions which shall be complied with by the grantee before a certificate of occupancy may be issued by the administrative official for the use of the buildings on such property pursuant to said specific use permit; and such conditions shall not be construed as conditions precedent to the granting of the specific use permit, but shall be construed as conditions precedent to the granting of the certificate of occupancy.

(j)

Following the passage of a specific use permit ordinance by the city council, the administrative official shall issue a certificate of occupancy, as provided in section 33 hereof, and shall insure that development is undertaken and completed in accordance with said permits.

(a)

There is hereby created a board of adjustment, consisting of five members, each to be appointed by the mayor and city council, for a term of two years and removable for cause by the appointing authority. In addition, there shall likewise be appointed two alternate members of the board of adjustment who shall serve in the absence of one or more regular members when requested to do so by the mayor. The two alternate members shall serve for the same period as the regular members, their vacancies shall be filled in the same manner and they shall be subject to removal in the same manner as the regular members. The board of adjustment shall have the power granted by and controlled by the provisions of V.T.C.A., Local Government Code § 211.009.

(b)

The board is hereby vested with power and authority in appropriate cases and subject to appropriate conditions and safeguards to make such exceptions to the terms of this ordinance in harmony with its general purpose and intent and in accordance with general or special rules herein contained for the purpose of rendering full justice and equity to the general public.

(c)

Appeals to the board of adjustment can be taken by any person aggrieved or by any officer or department of the municipality affected by any decision of the administrative official. Such appeal shall be taken within 15 days' time after the decision has been rendered by the administrative official by filing with said official and with the board of adjustment, a notice of appeal specifying the grounds thereof. The official shall forthwith transmit to the board all the papers constituting a record upon which the action appealed from was taken. The board of adjustment shall fix a reasonable time for the hearing of an appeal, give public notice thereof, as well as give notice to the parties in interest, and decide the same within a reasonable time.

(d)

The board of adjustment shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the administrative official in the enforcement of this ordinance.

(2)

To hear and decide special exceptions to the terms of the chapter upon which the board is required to pass under this ordinance.

(3)

To authorize upon appeal in special cases, such variances from the terms of this ordinance as will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provisions of this ordinance will result in unnecessary hardship, and so that the spirit of this ordinance shall be observed and substantial justice done; provided, however, [that] in no event shall the board of adjustment grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any use, expressly or impliedly, prohibited by the terms of this ordinance in said district.

(4)

In exercising its powers the board may, in conformity with the provisions of V.T.C.A., Local Government Code § 211.009 revise or reform, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and make such order, requirement, decision or determination as ought to be made and shall have all the powers of the official from whom the appeal is taken.

The city council may from time to time amend, supplement or change by ordinance the boundaries of the districts or the regulations herein established.

(a)

Submission to zoning commission. Before taking action on any proposed amendment, supplement or change, the city council shall submit the proposed revision to the zoning commission for its recommendation and report. The zoning commission shall make its final report within 60 days, unless the zoning commission requests and council grants additional time due to the complexity of an application.

(b)

Public hearing; zoning commission. The zoning commission shall make a preliminary report and hold a public hearing thereon before submitting its final report. Written notice of all public hearings before the zoning commission on proposed changes in classification shall be sent to each owner, as indicated by the most recently approved city tax roll, 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 ten days before the date set for hearing. Such notice may be served by depositing the same, properly addressed and postage paid, in the United States mail. Where property lying within 200 feet of the property proposed to be changed is located in territory which was annexed to the city and is not included on the most recent city tax roll, notice to such owners shall be given by publication in the manner provided in subsection (c) below.

(c)

Public hearing; city council. After receipt of the final report from the zoning commission, a public hearing shall be held by the city council before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given by publication one time in a paper of general circulation in the city, stating the time and place of such hearing, which time shall not be less than 15 days nor more than 30 days from the date of publication. However, the city council may, after giving published notice required herein, hold such public hearing jointly with the zoning commission, but the city council shall not take action until it has received the final report from the zoning commission.

(d)

Vote required in the event of protest. In the event of a written protest against such proposed amendment, supplement or change, signed by the owners of 20 percent or more either of the area of the lots or land included in such proposed change or of the lots or land immediately adjoining the same and extending 200 feet therefrom, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the city council.

(Ord. No. 08-546, § 1.A, 1-9-08)

In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare. It is not intended by this ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this ordinance imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this ordinance shall govern.