Terrell City Zoning Code

II

ZONING PROCEDURES AND ADMINISTRATION

Section 7. - Nonconforming uses and structures.

7.1

Intent of provisions.

Within the districts established by this ordinance or amendments thereto, there may exist lots, structures, uses of land and structures, and characteristics of use which were lawfully in existence and operating before this ordinance was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this ordinance to permit such nonconforming uses to continue, as long as the conditions within this section and other applicable sections of the ordinance are met.

It is further the intent of this ordinance that nonconforming uses shall not be enlarged upon, expanded or extended, and shall not be used as a basis for adding other structures or uses prohibited elsewhere in the same district.

Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.

7.2

Nonconforming status.

Any use, platted lot or structure which does not conform with the regulations of this zoning ordinance on the effective date hereof or any amendment hereto, except as expressly provided in subsection C. below, shall be deemed a nonconforming use, platted lot or structure provided that:

Such use, platted lot or structure was in existence under and in compliance with the provisions of the immediately prior zoning ordinance; or

Such use, platted lot or structure was a lawful, nonconforming use, platted lot or structure under the immediately prior zoning ordinance; or

Such use, platted lot or structure was in existence at the time of annexation into the city, was a legal use of the land at such time, and has been in regular and continuous use since such time.

Any other use, platted lot or structure which does not conform with the regulations of the zoning district in which it is located on the effective date of this ordinance or any amendment hereto, and except as provided in subsection C. below, shall be deemed to be in violation of this ordinance, and the city shall be entitled to enforce fully the terms of this ordinance with respect to such use, platted lot or structure.

The following types of platted lots shall be deemed in conformance with the provisions of this ordinance, notwithstanding the fact that such lot does not meet the standards of this ordinance in the district in which it is located:

Any vacant lot that conformed to the city's zoning district regulations at the time that it was platted; or

Any lot occupied by a single-family dwelling authorized under the zoning district regulations in which the lot is located.

7.3

Continuing lawful use of land and structures.

A nonconforming use or structure may continue to be used, operated or occupied in accordance with the terms of the zoning regulations by which it was established, or in the case of annexed property, in accordance with the regulations under which it was created.

A nonconforming structure occupied by a nonconforming use may be re-occupied by a conforming use, following abandonment of the nonconforming use.

7.4

Abandonment of nonconforming uses and structures, and cessation of use of structure or land.

If a nonconforming use or structure is abandoned, any future use of the premises shall be in conformity with the provisions of this ordinance, as amended, and with any other applicable city codes or ordinances that are in effect at the time the use is resumed or the structure is re-occupied.

A nonconforming use or structure shall be deemed "abandoned" in the following circumstances:

The use ceases to operate for a continuous period of six months (i.e., 180 calendar days);

The structure remains vacant for a continuous period of six months (i.e., 180 calendar days); or

In the case of a temporary use, the use is moved from the premises for any length of time.

7.5

Changing nonconforming uses.

A nonconforming use shall not be changed to another nonconforming use.

A nonconforming use may be changed to a conforming use provided that, once such change is made, the use shall not be changed back to a nonconforming use.

A conforming use located in a nonconforming structure may be changed to another conforming use, but shall not be changed to a nonconforming use.

7.6

Expansion of nonconforming uses and structures.

A nonconforming use may be extended throughout the structure in which it is located, provided that:

The structure or its premises shall not be enlarged or increased in height, in floor area or in land area to accommodate extension of the nonconforming use;

No alteration shall be made to the structure occupied by the nonconforming use, except those alterations that are required by law to preserve the integrity of the structure and alterations that would upgrade the quality, safety or aesthetic appeal of the structure; and

The number of dwelling units occupying the structure shall not exceed the number of dwelling units existing at the time the use became nonconforming.

A nonconforming use occupying a structure shall not be extended to occupy land outside the structure.

A nonconforming use or structure shall not be enlarged, increased or extended to occupy a greater area of land than was occupied at the time the use or structure became nonconforming, except to provide additional off-street parking or loading areas required by this ordinance.

7.7

Reconstruction or repair of nonconforming structure.

If 60 percent or more of the total appraised value, as determined by the Kaufman County Appraisal District, of a nonconforming structure is destroyed by fire, the elements, or some other cause, then the structure may be rebuilt only in conformity with the standards of this ordinance.

If less than 60 percent of the total appraised value, as determined by the Kaufman County Appraisal District, of a nonconforming structure is destroyed by fire, the elements, or some other cause, then the structure may be reconstructed as it was before the partial destruction but only to its original dimensions and floor area, and provided that such reconstruction is completed within one year (i.e., 365 calendar days) following the event that caused the partial destruction. If reconstruction is delayed by contested insurance claims, litigation, or some other similar cause, then the one-year reconstruction period may be extended by the municipal development department.

If a nonconforming structure that is totally or partially destroyed was occupied by a nonconforming use at the time of such destruction, then the nonconforming use may be re-established subject to the limitations on expansion set forth in subsection 7.6 above.

Any conforming structure that is totally or partially destroyed shall be reconstructed only in conformity with the standards of this ordinance.

Nothing in this ordinance shall be construed to prohibit the upgrading, strengthening, repair or maintenance of any part of any structure, conforming or nonconforming, that is declared unsafe or uninhabitable by the proper authority, unless such repairs or maintenance are estimated to exceed 60 percent of the structure's appraised value, as determined by the Kaufman County Appraisal District, at which point the entire structure and all repairs and maintenance shall be reconstructed in conformity with the standards of this ordinance. Cost estimate documentation (bids) shall be submitted with the building permit application in order to verify compliance with this section.

7.8

Moving of nonconforming structure.

No nonconforming structure or building shall be moved in whole or in part to any other location on the lot, or to any other location or lot, unless every portion of such structure is in compliance with all the regulations of the zoning district wherein the structure is to be relocated. Such building relocation shall also require a structure relocation permit from the city, and may also require platting of the intended building site pursuant to the city's subdivision ordinance as well as approval of a building permit plan in accordance with section 12.3 of this ordinance.

7.9

Nonconforming lots.

Nothing in this ordinance shall be construed to prohibit the use of a lot that does not meet the minimum lot standards of the zoning district in which it is located, provided that the lot is zoned for the land use(s) intended and the lot was platted as a lot of record prior to the effective date of this ordinance.

7.10

Right to proceed preserved.

Nothing contained in this section is intended to alter any rights that may have accrued to proceed under prior regulations, pursuant to V.T.C.A. Local Government Code, § 43.002, or §§ 245.001 to 245.006.

(Ord. No. 2814, Art. I(Exh. A), 12-3-19)

Section 8. - Planning and zoning commission.

8.1

General. The planning and zoning commission (also referred to as the "commission") shall function according to the following criteria which establish membership and operating procedures. The powers and duties of the planning and zoning commission are further defined in section 10 of this ordinance and in the Code of Ordinances of the City of Terrell.

8.2

Created; membership; officers; rules and bylaws.

Planning and zoning commission created; composition. There is hereby created a planning and zoning commission which shall be composed of nine members who shall be resident citizens, taxpayers and qualified voters of the city and who must meet the policy guidelines established by the city council for all board members of the City of Terrell.

Appointment and terms of members. Members of the commission shall be appointed by a majority vote of the city council. All appointments to the planning and zoning commission shall be for a term of two years. Vacancies on the planning and zoning commission occurring other than through expiration shall be filled by the city council for that portion of the unexpired term remaining.

Term limitations. No appointed office holder shall serve more than three consecutive terms in the position to which the office holder was appointed.

Absence. Members with three consecutive unexcused absences per calendar year from regular or posted meetings shall forfeit the unexpired portion of their term.

[Compensation.] The members of the commission shall regularly attend meetings and public hearings of the commission, shall serve without compensation. The commission shall meet a minimum of once per month, or as required.

[Appointment of chairman and vice-chairman.] The planning and zoning commission shall appoint a chairperson and a vice-chairperson from among its membership and shall have the power to make rules, regulations and bylaws for its own government, which shall conform as nearly as possible to those governing the city council and shall be subject to approval of such city council. Such bylaws shall include, among other items, provisions for:

Regular and special meetings, open to the public;

A record of its proceedings, to be open for inspection by the public;

Reporting to the governing body and the public, from time to time and annually; and

Rules of order and the holding of public hearings on its recommendations.

8.3

Parliamentary procedure; quorum; voting.

The commission will follow the parliamentary procedure adopted by the city council, and procedures shall not be in conflict with the laws applicable to the commission on the following:

Quorum. A quorum shall consist of a majority of the membership of the commission, and any issue to be voted upon shall be resolved by a majority of those members present.

Voting. All commission members, including the presiding chairperson, shall be entitled to one vote each upon any question, a quorum being present.

Conflict of interest. If any member has a conflict of interest regarding any item on the commission's agenda, he/she shall remove himself/herself from the room and shall refrain from voting only on the item for which a conflict exists. (Refer to V.T.C.A. Local Government Code, ch. 171, regarding conflicts of interest.)

8.4

Meetings; public record.

The planning and zoning commission shall meet in the city hall building or in some other specified location as may be designated by the presiding chairperson, monthly or at such intervals as may be required to orderly and properly transact the business of the commission.

Meetings shall be open to the public, and minutes shall be kept and shall be treated as public record.

8.5

Establishing extraterritorial jurisdiction.

Statutes of the State of Texas authorizing and empowering cities to regulate the platting and recording of subdivisions or additions within the city's corporate limits and to establish extraterritorial jurisdiction are hereby adopted, and the commission, acting through its duly authorized officials, shall have all the rights, powers, privileges and authority authorized and granted by and through said statutes and the subdivision ordinance pertaining to regulation of subdivisions in the city's limits and extraterritorial jurisdiction.

8.6

Powers and duties.

The commission shall have all the rights, powers, privileges and authority authorized and granted by and through the statutes of the State of Texas authorizing and granting cities the power of zoning and subdivision regulation as found in V.T.C.A. Local Government Code, chs. 211 and 212, as amended.

The planning and zoning commission shall be an advisory body and adjunct to the city council, and shall make recommendations regarding amendments to the comprehensive plan, changes of zoning for real property, zoning and subdivision ordinance amendments, zoning to be given to newly annexed areas, approval of plats of subdivisions, and other planning-related matters. The planning and zoning commission shall review the city's comprehensive plan and shall be prepared to make recommendations to the city council, as deemed necessary, to keep the city's comprehensive plan current with changing conditions and trends and with the planning needs of the city. The planning and zoning commission shall also serve in an advisory capacity on any other planning-related matter(s) in the city.

8.7

Procedure on zoning hearings.

The procedure and process for zoning changes and zoning ordinance amendments shall be in accordance with section 10 of this ordinance.

8.8

Joint meetings with the city council.

Whenever the city council and the planning and zoning commission are required by the laws of the State of Texas to conduct public hearings in matters pertaining to planning, zoning or subdividing property, and at other times when it is in the best interest of the city to do so, the city council, by ordinance and after publication of proper notice as required by law, may hold joint meetings and conduct joint public hearings with the planning and zoning commission. In either case, the governing body may not take action on the matter until it receives the final report of the zoning commission.

(Ord. No. 2814, Art. I(Exh. A), 12-3-19)

Section 9. - Zoning board of adjustment (ZBA).

9.1

Creation.

There is hereby created a zoning board of adjustment (ZBA), hereafter referred to as the "board", for the purpose, in appropriate cases and subject to appropriate conditions and safeguards, to make special exceptions to the terms of this ordinance that are consistent with the general purpose and intent of this ordinance. The board shall be composed of members who are resident citizens, taxpayers, qualified voters or have a demonstrable interest in the City of Terrell.

9.2

Members; terms of office.

The board shall consist of five regular members, and two alternates who shall be appointed by a simple majority vote of the full city council, and shall operate in accordance with V.T.C.A. Local Government Code, §§ 211.008 through 211.011, as amended.

Board members shall serve for a term of two years.

Any vacancy(s) on the board of a regular member shall first be filled via promotion of an alternate to regular board member status for the remainder of the alternate's term(s). If no alternates are available or if alternate positions are open then vacancies of either regular board members or alternates shall be filled by a simple majority vote of the full city council.

Term limitations. No person shall serve more than three consecutive terms as a member of the board of adjustment.

Members of the board may be removed from office for cause on written charge, and after a public hearing, by a simple majority vote of the full city council. Members with three consecutive unexcused absences per calendar year from regular or posted meetings shall forfeit the unexpired portion of their term.

Both regular and alternate members of the board shall regularly attend all meetings and public hearings of the board, shall serve without compensation.

The board shall elect a chairperson and a vice-chairperson from among its membership, and each officer shall hold office until replaced by a simple majority vote of the full board. The city manager's designee shall serve as secretary to the board, and shall keep minutes of all meetings held by the board. The secretary shall also set up and maintain a separate file for each application for hearing by the board, and shall record therein the names and addresses of all persons/entities to whom notices are mailed, including the date of mailing and the person by whom such notices were delivered to the post office. All records and files herein provided for shall be permanent and official records of the City of Terrell. The secretary shall also immediately notify in writing the city council, planning and zoning commission, and the municipal development department (MDD) of each decision rendered by the board in the conduct of its duties.

The board shall have the power to make the rules, regulations and bylaws for its own government, which shall conform as nearly as possible to those governing the city council, and the board's rules, regulations and bylaws shall be subject to approval by city council.

9.3

Meetings.

Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. All meetings of the board shall be open to the public, and minutes shall be kept of all proceedings at board meetings.

The board will follow the parliamentary procedure adopted by the city council, and procedures shall not be in conflict with the laws applicable to the board on the following:

Quorum. Four members of the board shall constitute a quorum for the conduct of business.

Voting. All board members, including the presiding chairperson, shall be entitled to one vote each upon any question, a quorum being present. A simple majority of the membership shall be required to adopt rules, approve meeting minutes or pass other procedural issues. Each case before the board must be heard by at least 75 percent of the regular members. A lack of a motion or a failure to receive four affirmative votes to grant a variance shall result in the denial of the variance.

[Alternative members' participation.] Alternate members in attendance at a meeting may take part in the discussion of cases before the board but shall not vote on a case unless they are representing a regular member who is absent.

Conflict of interest. If any member has a conflict of interest regarding any item on the board's agenda, he/she shall remove himself/herself from the room and shall refrain from voting only on the item for which a conflict exists. If a conflict of interest results in less than the required quorum for the board to take action then an alternate may then be allowed to vote on that item. (Refer to V.T.C.A. Local Government Code, ch. 171, regarding conflicts of interest.)

9.4

Authority of zoning board of adjustment.

The board shall have the authority, subject to the standards established in V.T.C.A. Local Government Code, §§ 211.008 through 211.011, and those established herein, to exercise powers and to perform duties including the following:

Hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this ordinance;

Authorize, in specific cases, a variance (see subsection 9.6) from the terms of this ordinance if the variance is not contrary to the public interest and if, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of this ordinance is observed and substantial justice is done; and

Make interpretations on zoning district boundaries shown on the zoning map where uncertainty exists because physical features on the ground differ from those on the zoning map or where the rules in section 4 of this ordinance (zoning district boundaries) do not apply or are ambiguous.

In exercising its authority under subsection A.1 above, the board 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 has the same authority as the administrative official.

The concurring vote of at least four members (75 percent of the regular members), of the board is necessary to:

Reverse an order, requirement, decision or determination of an administrative official;

Decide in favor of an applicant on a matter on which the board is required to review under this zoning ordinance;

Authorize a variance from a provision of this zoning ordinance; or

Hear and decide special exceptions to a provision of this zoning ordinance (see subsection 9.6E.).

9.5

Limitations on authority of board of adjustment.

The board may not grant a variance authorizing a use other than those permitted in the district for which the variance is sought, except as provided in subsection 9.6.

The board shall have no power to grant or modify planned developments, plats or specific use permits authorized under subsection 31B of these regulations.

The board shall have no power to grant a zoning amendment. In the event that a request for a zoning amendment is pending before the planning and zoning commission or the city council, the board shall neither here nor grant any variances with respect to the subject property until final disposition of the zoning amendment by the commission and the city council.

The board shall not grant a variance for any parcel of property or portion thereof upon which a site plan, or any type of plat, where required, is pending on the agenda of the planning and zoning commission and, where applicable, by the city council. All administrative and procedural remedies available to the applicant shall have been exhausted prior to hearing by the board.

No variances shall be granted to allow any prohibited sign, use or activity.

The board shall not have the authority to grant a variance to any adopted building or electrical code or life safety requirement.

9.6

Variances and special exceptions.

The board may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. For example, if the subject property substantially differs from other similarly zoned land parcels by being of such restricted area, shape or slope that it cannot reasonably be developed in the same manner as other similarly zoned land parcels, then a variance of the building setback, lot width or depth, parking requirement, or other development standard may be warranted. In granting a variance, the board shall prescribe only conditions that it deems necessary for, or desirable to, the public interest. In making the findings herein below required, the board shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work within the proposed use, and the probable effect such variance will have upon traffic conditions and upon the public health, safety, convenience and welfare of the community.

Conditions required for variance. No variance shall be granted without first having given public notice and having held a public hearing on the variance request in accordance with subsection 9.8 of this ordinance and unless the board of adjustment finds:

That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his/her land; and

That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and

That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property within the area; and

That the granting of the variance will not have the effect of preventing the orderly use of other land within the area in accordance with the provisions of this ordinance; and

That a finding of undue hardship exists (see subsection 9.6C below).

Such findings of the board, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the board meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this ordinance so that the public health, safety and welfare may be secured and that substantial justice may be done.

Findings of undue hardship. In order to grant a variance, the Board must make written findings that an undue hardship exists, using the following criteria:

That the cost of compliance with the zoning ordinance is greater than 50 percent of the appraised value of the structure as shown on the most recent certified appraisal roll; or

That compliance would result in a loss to the lot on which the structure is located of at least 25 percent of the area on which development may physically occur; or

That compliance would result in the structure not being in compliance with a requirement of another city ordinance, building code, or other requirement; or

That compliance would result in the unreasonable encroachment on an adjacent property or easement.

That the city considers the structure to be a nonconforming structure.

A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely upon economic gain or loss, nor shall it permit any person the privilege in developing a parcel of land not permitted by this ordinance to other parcels of land in the particular zoning district. No variance may be granted which results in undue hardship upon another parcel of land.

Special exceptions for nonconforming uses and structures. Upon written request of the property owner, the board may grant special exceptions to the provisions of section 7 of this ordinance, limited to the following, and in accordance with the following standards:

Expansion of the land area of a nonconforming use, up to a maximum of ten percent; or

Expansion of the gross floor area of a nonconforming structure, up to a maximum of ten percent, provided that such expansion does not decrease any existing setback and does not encroach onto adjacent property; or

In granting special exceptions under this subsection, the board may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, safety and general welfare, including, but not limited to, conditions specifying the period during which the nonconforming use may continue to operate or exist before being brought into conformance with the standards of the zoning ordinance.

For existing single-family and duplex structures that were constructed prior to the effective date of this ordinance, the board may authorize a special exception for any structure that was constructed over a setback line established by this ordinance.

The board may authorize a special exception for the reconstruction and occupancy of a nonconforming structure, or a structure containing a nonconforming use and/or the restoration of a building site that is nonconforming as to development standards (including, but not limited to, parking arrangement, landscaping, etc.), when a structure has been damaged by fire or other cause to the extent of more than 60 percent, but less than the total, of the appraised value of the structure, as determined from the records of the Kaufman County Appraisal District, as of the date of the damage. Such action by the board shall have due regard for the property rights of the person or persons affected, and shall be considered in regard to the public welfare, character of the area surrounding such structure, and the conservation, preservation and protection of property.

The board may authorize a special exception for the enlargement, expansion or repair of a nonconforming structure if such enlargement, expansion or repair will improve the condition of the structure, if it will bring the structure closer into compliance with this ordinance, or if it will otherwise improve or enhance public health, safety or welfare.

9.7

Appeals to the board of adjustment.

Authority. In addition to the authorization of variances and special exceptions from the terms of this ordinance, the board shall have the authority to hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this ordinance. The board may reverse or affirm, in whole or in part, or may 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 has the same authority as the administrative official. The board may also hear and decide other matters authorized by the subdivision ordinance and other city ordinances regarding land use and development regulations.

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

A person directly aggrieved by the decision; or

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

Procedure for appeal. The appellant must file with the board and the official from whom the appeal is taken a written notice of appeal specifying the grounds for the appeal. The notice of appeal shall be filed within 15 calendar days after the decision has been rendered. Upon receiving the Notice, the official from whom the appeal is taken shall immediately transmit to the board of adjustment all papers constituting the record of action that is appealed. 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 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 or a court of record on application, after notice to the official, if due cause is shown. The appellant party may appear at the appeal hearing in person or by agent or attorney. The board shall decide the appeal within 45 calendar days after the written request (i.e., notice of appeal) was received. The board 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 may make the correct order, requirement, decision or determination.

[Who may not bring an appeal.] A member of the city council may not bring an appeal to the board.

9.8

Procedures.

Application and fee. An application for a variance or a special exception to be heard by the board, or for an appeal to the board, shall be made in writing using forms prescribed by the city, and shall be accompanied by an application fee (as set forth by ordinance of the city council), a site plan, and any other additional information as may be requested in order to properly review the application. Such information may include, but is not limited to, plat plans, site building plans, photographs, topographic contour maps, and other similar documents. All drawings must be to scale.

Review and report by the city. A representative of the municipal development department shall visit the site where the proposed variance or special exception will apply and the surrounding area, and shall report his/her findings to the board of adjustment.

Notice and public hearing. The board shall hold a public hearing for consideration of the variance or special exception request no later than 45 calendar days after the date the application for action, or an appeal, is filed. Written notice of the public hearing for a variance or special exception shall be provided to all property owners, via U.S. mail, within 20 feet of the affected property at least ten calendar days prior to the public hearing. Notice shall also be published in the official local newspaper before the 15th calendar day prior to the public hearing.

Action by the zoning board of adjustment. The board shall not grant a variance unless it finds, based upon compelling evidence provided by the applicant, that each of the conditions in subsection 9.6 has been satisfied. The board may impose such conditions, limitations and safeguards as it deems appropriate upon the granting of any variance or special exception as are necessary to protect the public health, safety, convenience and welfare. Violation of any such condition, limitation or safeguard shall constitute a violation of this ordinance.

Burden of proof. The applicant bears the burden of proof in establishing the facts that may justify a variance, a special exception, an appeal, or any other action in his/her favor by the board.

Waiting period. No appeal to the board for the same or a related variance or special exception on the same piece of property shall be allowed for a waiting period of six months (i.e., 180 calendar days) following an unfavorable ruling by the board unless other property in the immediate vicinity has, within the six-month waiting period, been changed or acted upon by the board or the city council so as to alter the facts and conditions upon which the previous unfavorable board action was based. Such changes of circumstances shall permit the re-hearing of a variance or special exception request by the board, but such circumstances shall in no way have any force in law to compel the board, after a hearing on the matter, to grant a subsequent variance or special exception request. Any subsequent variance or special exception request shall be considered entirely on its own merits and on the specific circumstances related to the subject property.

Timeliness of application for building permit or certificate of occupancy. Upon a favorable board action on a variance or special exception request, the applicant shall apply for a building permit or a certificate of occupancy, as applicable to his/her particular situation, within six months (i.e., 180 calendar days) following the date of board action, unless the board specifies a longer time period in the minutes of its action. If the applicant fails to apply for a building permit or certificate of occupancy, as applicable, within the six-month time frame, then the variance or special exception shall be deemed to have been waived, and all rights there under shall be terminated. Such termination and waiver shall be without prejudice to a subsequent appeal, and such subsequent appeal shall be subject to the same regulations and requirements for hearing as herein specified for the original variance or special exception request.

9.9

Finality of decisions; judicial review.

All decisions of the board are final and binding. However, any person aggrieved by a decision of the board may present a verified petition to a court of record which states that the decision of the board is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition must be presented within ten calendar days after the date the board's decision is filed in the city secretary's office. Subject to the provisions of V.T.C.A. Local Government Code, ch. 211.011, only a court of record may reverse, affirm or modify a decision of the board.

9.10

Organization.

The board of adjustment will consist of at least seven members who shall be resident citizens, taxpayers and qualified voters of the city and who must meet the policy guidelines established by the city council for all board members of the city, each to be appointed by the city council for a term of three years and removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled with a new term for any member whose place becomes vacant for any cause, in the manner as the original appointment was made. Each case before the board of adjustment must be heard by at least four of the members.

Term limitations. No person shall serve more than three consecutive terms as a member of the board of adjustment.

Absences. An excused absence must be noted by the chair of the commission or acting chair at the meeting or at the following meeting by stating the member and the justification. The only acceptable instances of excused absences shall be major personal or family health events and required travel for employment. The chair or acting chair must receive documentation of such prior to stating for the record that the absence shall be considered excused. Members with two consecutive unexcused absences or three consecutive unexcused total absences per rolling 12 month period from regular or posted meetings shall automatically forfeit the unexpired portion of their term and shall not be eligible for reinstatement to any city board or commission for a two year period. Members with extenuating circumstances may request city council act to suspend their service for a designated period of time with a temporary replacement.

9.11

Authority of the board.

The concurring vote of four of the members of the board 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 is required to pass under a zoning ordinance; or

(3)

Authorize a variation from the terms of a zoning ordinance.

(Ord. No. 2814, Art. I(Exh. A), 12-3-19; Ord. No. 2915, Art. I, 8-16-22; Ord. No. 3041, Art. I, 8-6-24)

Section 10. - Zoning changes and amendments to zoning ordinance or districts and administrative procedures.

10.1

Declaration of policy and review criteria.

The city declares the enactment of these regulations governing the use and development of land, buildings, and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:

To correct any error in the regulations or map;

To recognize changed or changing conditions or circumstances in a particular locality;

To recognize changes in technology, the style of living, or manner of conducting business; or

To change the property to uses in accordance with the city's adopted comprehensive plan.

In making a determination regarding a requested zoning change, the planning and zoning commission and the city council shall consider the following factors:

Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned, and their relationship to the general area and to the city as a whole;

Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area;

The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the city, and any special circumstances which may make a substantial part of such vacant land unavailable for development;

The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change;

How other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved; and

Any other factors that will substantially affect the public health, safety, morals, or general welfare.

10.2

Authority to amend ordinance.

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. Any amendment to the zoning ordinance text 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).

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 subsection 10.3), 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.

No person who owes delinquent taxes, delinquent paving assessments, impact fees, or any other delinquent debts or obligations to the City of Terrell, and which are directly attributable to a piece of property requested for zoning shall be allowed to submit a zoning request until the taxes, assessments, debts, or obligations directly attributable to said property and owed by the owner or previous owner thereof to the City of Terrell shall have been first fully discharged by payment, or until an arrangement satisfactory to the city has been made for the payment of such debts or obligations. It shall be the applicant's responsibility to provide evidence or proof that all taxes, fees, etc. have been paid or that other arrangements satisfactory to the city have been made for payment of said taxes, fees, etc.

10.3

Application.

Each application for zoning, rezoning, planned development (PD), specific use permit (SUP), or for a text amendment to a provision(s) of this zoning ordinance, shall be made in writing on an application form available in the municipal development department office. The application shall be delivered to the municipal development department at least 30 calendar days prior to the date of the public hearing before the planning and zoning commission, and shall be accompanied by payment of the appropriate fee as established by ordinance. An accurate metes and bounds description of the subject property (or other suitable legal description), a survey (i.e., drawing) exhibit, and other appropriate exhibits (i.e., site plans, maps, architectural elevations, information about proposed uses, etc.) that are determined necessary by the municipal development department shall also be submitted with the zoning application in order to ensure that the request is understood. A concept plan, as prescribed in subsection 31.A.5 of this ordinance, shall also be submitted along with any zoning request involving the formation of a planned development (PD) district. A site plan, as prescribed in subsection 31.B.4 of this ordinance, shall also be submitted along with any zoning request involving a specific use permit (SUP).

All zoning change requests involving real property (including PD and SUP requests) shall be accompanied by a notarized statement verifying land ownership and, if applicable, authorization of landowner's agent to file the zoning change request. In addition to the above required documentation a certificate from the Kaufman County Tax Office verifying that all taxes, liens and judgments have been paid and/or are current must accompany the application.

Official submission date and completeness of application.

For the purpose of these regulations, the "official submission date" shall be the date upon which a complete application for a zoning change request (that contains all elements and information required by this ordinance) is submitted to the municipal development department. No application shall be deemed officially submitted until the municipal development department determines that the application is complete and a fee receipt is issued by the city. Failure by the municipal development department to make a determination of incompleteness within ten calendar days following the date on which the application was first received by the city, shall result in the application being deemed complete, and the "official submission date" shall become the tenth calendar day following initial receipt of the application by the city.

Zoning applications which do not include all required information and materials (as outlined above and per other city development review policies) will be considered incomplete, shall not be accepted for official submission by the city, and shall not be scheduled on a planning and zoning commission agenda until the proper information is provided to city staff.

10.4

Notice of public hearing.

Public hearing for zoning changes involving real property. For zoning and rezoning requests involving real property (including PD and SUP requests), the planning and zoning commission and the city council shall hold at least one public hearing on each zoning application, as per applicable state law (V.T.C.A. Local Government Code, ch. 211, as amended).

Notice of the public hearings to occur before the planning and zoning commission and city council shall be given together by publishing the purpose, time and place of the public hearing in the official newspaper of the city before the 15th day prior to the date of the first public hearing.

Written notice of the public hearing before the planning and zoning commission shall also 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 tenth 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.

Public hearing for zoning changes involving ordinance text. For requests involving proposed changes to the text of the zoning ordinance which do not change zoning district boundaries or zoning classifications on any real property, notice of the public hearings to occur before planning and zoning commission and city council hearings shall be accomplished by publishing the purpose, time and place of the public hearings in the official newspaper of the city before the 15th day prior to the date of the first public hearing. Changes in the ordinance text that do not change zoning district boundaries (i.e., which do not involve specific real property) and are to be applied city-wide do not require written notification to individual property owners.

Joint public hearings. The city council may, by ordinance, conduct a joint public hearing on a zoning, rezoning or zoning ordinance text amendment request along with the planning and zoning commission, but the city council shall not take action on the request until it has received a final recommendation from the commission. Notification for a joint public hearing shall be accomplished by publishing the purpose, time and place of the joint public hearing in the official newspaper of the city before the 15th calendar day prior to the date of the public hearing. In accordance with V.T.C.A. Local Government Code, ch. 211.077, the city council shall prescribe any other necessary methods of notification for joint public hearings.

Additional rules and procedures established. The city may, at is option, establish additional rules and procedures for public notification of proposed zoning changes and developments proposals (e.g., required plans, plats, etc.) 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.

10.5

Failure to appear.

Failure of the applicant or his/her authorized representative to appear before the planning and zoning commission or the city council for more than one hearing shall constitute sufficient grounds for the planning and zoning commission or the city council, at that body's option, to table or deny the application. Such tabling or denial shall not entitle the applicant to any refund of fees paid for consideration of his/her application, unless such refund is requested in writing and is expressly granted by the commission or city council at the time of tabling or denial of the application.

10.6

Planning and zoning commission consideration and recommendation.

Accordance with section 8. The planning and zoning commission shall function in accordance with section 8 of this ordinance and with applicable provisions in the city's Code of Ordinances.

Tabling of the decision/recommendation. The planning and zoning commission may, on its own motion or at the applicant's request, table its decision/recommendation for not more than 90 calendar days from the time the public hearing was first opened. Such tabling shall specifically state the time period of the tabling 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.

Recommending approval. When the commission is ready to act upon the 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 request will then be forwarded to the city council for public hearing.

Recommending denial. If the planning and zoning commission recommends denial of the zoning change request, it shall provide reasons to the applicant for the denial, if requested by the applicant. The planning and zoning chairperson shall inform the applicant of the right to receive reasons for the denial.

10.7

City council authority and consideration.

City council authority. The city council, after receiving a recommendation by the planning and zoning commission and after public hearings required by law, may amend, supplement, or change the regulations of this ordinance or the boundaries of the zoning districts on the zoning map.

Applications forwarded to the city council. After consideration by the planning and zoning commission, all zoning applications shall be automatically forwarded to the city council for a public hearing following appropriate public hearing notification as prescribed in section 10.3 above.

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 (if the city council approves the request, then subsection 10.7.E will apply);

Deny the request in whole or in part;

Table the application to a future meeting (and specifically citing the city council meeting to which it is tabled); or

Remand the application back to the planning and zoning commission for further study.

Protests. For zoning and rezoning requests involving real property (including PD and SUP requests), 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 (commonly referred to as the "20% rule"). 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 there from, such zoning change shall not become effective except by a three-fourths vote of the full city council.

Final approval and ordinance adoption. Upon approval of the zoning request by the city council, the applicant shall submit all related material with revisions, if necessary, to the MD director (or his/her designee) for the preparation of the amending ordinance. The zoning request shall be deemed approved at the time the city council makes a decision to approve the request. The amending ordinance will be prepared for adoption when a correct description and all required exhibits have been submitted to the MD director or his/her designee. The amending ordinance shall be effective at such time that it is adopted by the city council, signed by the mayor, and attested by the city secretary.

10.8

Administration and enforcement.

The MD director shall be authorized by the city council to administer and enforce the provisions of this ordinance. If the MD director finds upon his/her own personal observation, or upon receipt of a complaint, that the provisions of this ordinance 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 may 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 MD director shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises that may be necessary to carry out the duties in the enforcement of this ordinance.

Stop work orders. Whenever any building or construction work is being done contrary to the provisions of this ordinance, the municipal development department 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. Failure to immediately stop work as provided herein shall constitute a violation of this ordinance, in accordance with section 47 (penalty for violations), and may incur penalties for such violation.

10.9

Schedule of fees, charges and expenses.

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.

The city council, upon the recommendation of the planning and zoning commission, shall determine and adopt a fee schedule for the purpose of recovering a portion of the administrative costs associated with processing zoning and development requests, including public hearings that are called for in this ordinance. Such fees shall be paid by the applicant and shall not be designed to in any way restrict the applicant's ability to seek and receive a hearing or to generate revenue for other than recovery of actual administrative costs incurred by the city in the review and processing of applications. Immediately upon receipt of a complete submission for a zoning change or other development plan approval (in accordance with subsection 10.3C above), the city secretary (or his/her designee) shall issue a fee receipt and shall create a case file as a permanent city record thereof.

(Ord. No. 2814, Art. I(Exh. A), 12-3-19)

Section 11. - Building permits; certificates of occupancy approval process.

11.1

Building permits required.

No building or other structure shall be erected, moved, added to, or structurally altered without a permit issued by the City of Terrell's Municipal Development Department. A building permit shall not be issued except in conformity with the provisions of this ordinance, unless otherwise authorized by the board of adjustment in the form of a variance or special exception as provided in subsection 9.6 of this ordinance. A building permit shall not be issued until the property is properly zoned for the intended use, until the property is platted in accordance with the subdivision ordinance, until all outstanding unpaid liens, judgments, citations or other encumbrances are paid in full and released by the city secretary's office, nor until all appropriate plans have been approved by the city, including, but not limited to, a final plat, a detailed plot plan, a final site plan, landscaping and façade plans, building structural plans, or any other documents as required by the building official. All building permit plans shall clearly show in detail existing features, structures, utilities, fire lanes, access, etc. as well as how the site will be constructed (such as paving, buildings, general physical improvements, landscaping, improvements that currently exist, distances to property lines, etc.).

11.2

Building permit applications.

Purpose. The purpose of building permit construction plans are to ensure that projects involving any type of structure are in compliance with all applicable city ordinances and guidelines prior to commencement of construction. This section does not diminish the authority delegated to the building official under the city's building code.

Applicability. This section establishes a review process for all construction, alterations, repairs, remodeling, additions, or development projects involving any type of structure, electrical, plumbing, mechanical system whether occupied or not, including accessory and temporary structures within any zoning district inside the corporate city limits of Terrell. Building permit plans are required in addition to any other types of required plans, such as, concept plans, site plans, civil engineering, utility construction plans, drainage facility construction plans, etc. if any structural, electrical, plumbing, mechanical, or other types of work are proposed that are subject to the adopted International Building or National Electrical Codes.

Building permit and certificate of occupancy. Plans showing the entire scope of work to be performed shall be submitted in conjunction with a building permit application. No building permit application shall be accepted for review until a complete set of plans with all applicable supplementary documentation as required on the building permit checklist is submitted with the application and all other required engineering or public infrastructure construction plans are first approved by the city. No certificate of occupancy shall be issued until all construction and development conforms to the building permit plans and engineering/construction plans, as approved by the city.

Extent of area that should be included in the building permit plans. When the overall project is to be developed in phases, the construction included in the first phase shall be highlighted in bold lines on the overall site plan included in the building permit plans and subsequent phases shall be indicated by lighter lines (ghost lines) in order that the proposed first phase may be properly evaluated in the context of the entire project.

Procedures and submission requirements for building permit approval. All building permit plans shall clearly show in detail how the site will be constructed (such as paving, sidewalks, buildings, general physical improvements, improvements that currently exist, distances to property lines, etc.) or in the case of building repairs, alterations, or additions the scope of work shall be clearly delineated on the building permit application. To ensure the submission of adequate information, the city is hereby empowered to maintain and distribute a separate list of specific requirements for the review of applications.

Review and approval of a building permit application.

City staff review and approval of building permit applications.

Following submittal of a complete application for a building permit in accordance with subsection 11.1.A, the city shall review the application. Specifically, the director of municipal development, city engineer, public works director and the building official (or their designee) shall review the building permit application.

Each building permit application shall be evaluated to ensure that all projects are constructed according to the city's codes and ordinances.

Following city staff review, the building official shall approve, approve subject to certain conditions, or deny the building permit application.

Revisions to the approved building permit plans.

Minor revisions/amendments.

It is recognized that final architectural and engineering design may necessitate minor changes in the approved building permit plans. In such cases, the building official, or his/her designee, shall have the authority to approve minor modifications to an approved set of building permit plans. Such minor modifications shall be submitted as a "Revised Building Permit Plan," which shall substantially conform to the previously approved building permit.

Submission materials and requirements for approval of a revised building permit plan shall be as determined by the building official or his/her designee.

Major revisions. In the event of revisions that are more extensive in nature (i.e., do not conform to the description for minor revisions/amendments above), the current building permit may be suspended or revoked and a new set of building permit plans must be resubmitted, reviewed, and approved by the city. Any new building permit plan shall be deemed a "new permit", and 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 section. The new request shall also be reviewed for compliance with the ordinances and regulations in effect at the time the new application is made.

Effect of review/approval. The issuance of a building permit and payment of all fees shall be considered approval of the building permit plans and authorization to proceed with construction of the project provided all other required city approvals are obtained (such as final plat, engineering plans, etc.).

Validity and lapse of building permit plan approval.

Validity of permits. All permits shall be deemed invalid if work does not commence within 60 days of the issuance of the permit or if work authorized on the site by such permit is suspended, stopped or abandoned for a period of 60 days or more after the time the work commenced.

Any approved commercial building permit plan shall be deemed expired 18 months from the date on which the building permit plan was originally approved if the project is not substantially complete. An extension of up to six months may be granted upon completion and submission of a written application to the building official prior to the expiration date of the original permit. Nor more than two extensions may be granted on any project.

All residential permits are valid for a period of six months from the date of issue. An extension of up to two months may be granted upon completion and submission of a written application to the building official prior to the expiration date of the original permit. No more than two extensions may be granted on any project.

Extension and reinstatement procedure.

Prior to the lapse of approval for a building permit with associated plans, the applicant may petition the city in writing to extend the building permit.

Such petition shall be granted approval or denial by the building official (or his/her designee).

If no petition is submitted, then the building permit shall be deemed to have expired and shall become null and void. any new request for building permit approval shall be deemed a "new permit", and 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 section. The new request shall also be reviewed for compliance with the ordinances and regulations in effect at the time the new application is made.

In determining whether to grant a request for extension, the building official (or his/her designee) shall take into account:

The reasons for the lapse;

ii.

The ability of the property owner to comply with any conditions attached to the original approval; and

iii.

The extent to which development regulations would apply to the construction plans, civil plans or site plan at that point in time.

11.3

Cancellation of building permit.

Failure of an applicant or any of his/her agents, representatives or contractors to erect, construct, reconstruct, alter, use or maintain any building, structure or premises in conformance with the approved plans and the applicable building codes upon which a building permit was issued, when such failure constitutes a violation of any provision of this ordinance or the adopted building codes, shall render such building permit void, and the building official is hereby authorized and directed to revoke any such permit by giving written notice to the applicant or his/her agent or representative, and all work upon such building, structure or premises shall be immediately discontinued until such building, structure or premises shall be brought into conformance with the approved plans and with all applicable provisions of this ordinance.

11.4

Certificate of occupancy.

A certificate of occupancy shall be required for any of the following:

Initial occupancy and use of a new building, new residential structure hereafter erected or structurally altered existing building;

Change in tenant or ownership of an existing building or lease space shall require the new occupant to apply for a certificate of occupancy before utilities will be released;

Change in use of an existing building to a different occupancy or use classification; or change in the use of land to a different zoning classification.

No such use, or change of use, shall take place until a certificate of occupancy therefore shall have been issued by the municipal development department. The application fee(s) for a certificate of occupancy shall be as set forth by ordinance of the city council.

No certificate of occupancy shall be issued for any building in which any outstanding unpaid liens, judgments, citations or other encumbrances exist and no such use, change of use or occupancy shall take place until the same are paid in full and released by the city secretary's office or official designee.

Businesses requiring any type of state license, permit or registration to operate, such as but not limited to, pawn shops, alcohol sales, barber or beauty salons, massage parlors, tattoo studios, game halls, credit service organizations, etc. shall not be issued a certificate of occupancy (C.O.) unless the owner provides proof to the city of a current valid license, permit or registration pertaining to the business in which the C.O. application has been submitted. The revocation, suspension or expiration of such license, permit or registration shall be grounds for the city to revoke or suspend a C.O. until such credentials are renewed or reestablished by the state.

A record of all certificates of occupancy shall be kept on file in the municipal development department and copies shall be furnished upon request to any person in accordance with state laws governing public records.

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 after the municipal development department orders the building or structure inspected and finds no violations of the provisions of this ordinance or other regulations which are enforced by the municipal development department. Said certificate shall be issued by the municipal development department after the erection or alteration of such building or part thereof has been completed in conformity with all applicable provisions of this ordinance and all building codes, city ordinances and state regulations as applicable or adopted. All applications for a certificate of occupancy for a restaurant regardless of type of food preparation shall submit a printed copy of the final menu of all foods being served along with the application for the C.O. No temporary utility services (water, electric, or gas) shall be released unless a valid building permit has been issued.

Contents of certificate of occupancy. Every certificate of occupancy shall contain the following:

Building permit number;

The address of the building;

The name and address of the owner;

The name and address of the tenant or occupant;

Description of that portion of the building for which the certificate is issued;

A statement that the described portion of the building has been inspected for compliance with the requirements of the International Code Council (ICC) Building Codes as adopted for the particular group and division of occupancy;

The name of the municipal development department representative;

Use(s) allowed;

Maximum number of persons/occupants; and

10.

Issue date of certificate of occupancy.

Posting of certificate of occupancy. The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the municipal development department.

Revocation of certificate of occupancy. The municipal development department may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this ordinance whenever the certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provision of this ordinance or the building code and other codes adopted by the city, and any amendments thereto. Revocation or suspension of the certificate of occupancy may also result in the disconnection of utilities and the removal of meters until such time as the building official and/or fire marshal determine that all requirements for the reinstatement of the C.O. have been met.

11.5

Completion of buildings in progress.

Nothing contained herein shall require any change in the plans, construction or designated use of a building, the foundation for which has been completely constructed as of the effective date of this ordinance, and the remaining construction of which shall have been completed within one year (i.e., 365 calendar days) following the effective date of this ordinance. In addition, any nonresidential building or structure for which a building permit has been approved by the city not more than one year (i.e., 365 calendar days) prior to the effective date of this ordinance may be constructed according to the terms of that building permit.

11.6

Other plan requirements.

Concept plans and site plans associated with zoning change, planned development, or specific use permit applications are to be processed in accordance with section 10, 31A or 31B as applicable.

Any redevelopment, renovation, or expansion of a nonconforming use or nonconforming structure must meet all of the criteria as set forth in section 7 of this ordinance prior to plan approval and the issuance of a building permit.

Any redevelopment, additions, alterations or change in use of existing sites or structures that exceeds 60 percent of the appraised value of the structures, triggers a requirement for a ten-percent increase in required parking or materially changes the traffic circulation must undergo plan review and staff approval to verify compliance with all the requirements set forth in this ordinance prior to the issuance of a building permit or certificate of occupancy.

Civil engineering plans, traffic impact analysis study (TIA), flood studies per FEMA required for a certified letter of map revision (CLOMR) or other data affecting the construction of the project may require prior city approval of all required plans prior to the issuance of a building permit or certificate of occupancy.

11.7

Payment of all indebtedness attributable to the subject property.

No person who owes delinquent taxes, liens, delinquent paving assessments, impact fees, or any other delinquent debts or obligations to the City of Terrell or Kaufman County and which are directly attributable to a piece of property shall be allowed to submit any application for any type of plan review until the taxes, assessments, debts, or obligations directly attributable to said property and owed by the owner or previous owner thereof to the City of Terrell or Kaufman County shall have been first fully discharged by payment, or until an arrangement satisfactory to the city or county has been made for the payment of such debts or obligations. It shall be the applicant's responsibility to provide evidence or proof that all taxes, fees, etc. have been paid, or that other arrangements satisfactory to the city have been made for payment of said taxes, fees, etc.