(a)

No building or land shall be used or occupied for any purpose under the provisions of this article, nor shall the use or operator of a specific use permit be changed without first obtaining a certificate of occupancy from the building official.

(b)

Whenever the use or operator of a specific use permit is proposed to be changed or whenever a change of occupancy from one conforming use to another conforming use is proposed, an application for a certificate of occupancy shall be made to the building official.

(c)

A record of all certificates of occupancy issued shall be kept on file in the building official's office and copies shall be furnished on request to any person having a proprietary or tenancy interest in the land or building covered by a specific use permit or a nonconforming use.

(d)

Whenever a change of occupancy from one nonconforming use to another nonconforming use is proposed, an application for a certificate of occupancy shall be made to the building official.

(Ord. of 9-7-1970, §§ 19-101—19-104)

Nothing herein contained shall require any change in the plans, construction or designated use of a building actually under construction at the time of the passage of the ordinance from which this article is derived and which entire building shall be completed within one year from the date of the passage of the ordinance from which this article is derived.

(Ord. of 9-7-1970, § 20-100)

(a)

The city council may, by the adoption of an ordinance, amend, supplement or change the regulations or text of this article or the classification or boundary of a zoning district. The planning and zoning commission may on its own motion or on a request from the city council, propose changes or amendments. Any property owner may petition the city council for a change or amendment in the classification or boundary of the owner's property or for a change or amendment in the regulations or text of this article.

(b)

The planning and zoning commission shall hold a public hearing on any change or amendment prior to making its report and recommendation to the city council. The planning and zoning commission shall submit its report and recommendation on any changes or amendments to the city council before the city council can take any action of those changes or amendments. When a change or amendment relates to a classification or boundary of a zoning district, written notice of such public hearing of the planning and zoning commission shall be sent to all owners of real property lying within 200 feet of the property on which the change is requested. Such notice shall be given to each owner as shown on the last approved city tax roll by depositing the notice, properly addressed and postage paid, in the city post office not less than ten days before the date of the public hearing. The city shall post a sign on the property to be rezoned as further public notification. When a change or amendment relates to the regulations or text of this article not affecting specific property, notice of the public hearing before the planning and zoning commission shall be given not less than ten days before the hearing by publication in a newspaper of general circulation in the city, without the necessity of notifying property owners by mail. Such notice shall state the date, time and place of the public hearing and the nature of the subject to be considered.

(c)

The city council shall hold a public hearing on any amendment or change to the regulations or text of this article or any amendment or change to the classification or boundary of a zoning district. Notice of such public hearing shall be given by publication of the date, time and place of such hearing and the nature of the subject to be considered in a newspaper of general circulation in the city not less than 15 days before the hearing.

(d)

A majority vote of the city council shall be required to adopt an ordinance approving any amendment or change, except that a three-fourths vote of the city council shall be required when either:

(1)

The planning and zoning commission has recommended for denial of an amendment or change; or

(2)

A written protest against an amendment or change has been filed which is signed by the owners of 20 percent or more of the area included in such change or signed by the owners of 20 percent or more of the area within 200 feet of such change. In order to be considered, the petition must be received and filed before or at the planning and zoning commission meeting at which the item is to be heard.

(e)

In the event an amendment or change affecting the classification or boundary of a zoning district, for which application has been made, is not approved, no person shall file a subsequent request for an amendment on the same lot or tract for a period of one year from the date of such action, except that a subsequent request can be submitted at any time if such request is to a more restrictive zoning classification than was not approved or if the request was denied without prejudice by the city council. The Planned Development designation shall be considered to be a more restrictive zoning classification.

(f)

A person requesting an amendment or change of the regulations or text of this article or the classification or boundary of a zoning district (including rezoning of property, specific use permits, and amendments to Planned Development Districts for approval or modifications of site plans) shall provide a nonrefundable filing fee in an amount as established by the city council from time to time and on file in the city secretary's office or city website.

(Ord. of 9-7-1970, § 21-100; Ord. No. 209-1996, 7-8-1996; Ord. No. 272-2002, 11-25-2002; Ord. No. 116-2011, 7-25-2011)

(a)

Any person violating or failing to comply with any of the provisions of this article shall be fined upon conviction not less than $500.00 or more than $2,000.00, and each day any violation or noncompliance continues shall constitute a separate and distinct offense.

(b)

The penalty provided herein shall be cumulative of other remedies provided by state law and the power of injunction as provided in Texas Revised Civil Statutes, article 1011h and as may be amended, may be exercised in enforcing this article whether or not there has been a criminal complaint filed.

(c)

In addition to the penalty provided for, the right is hereby conferred and extended to any property owner owning property in any district where such property may be affected by a violation of the terms of this article, to bring suit in such court or courts having jurisdiction thereof and obtain such remedies as may be available at law or in equity for the protection of the rights of such property owners.

(Ord. of 9-7-1970, § 23-100; Ord. No. 082-2001, 4-9-2001)

In any complaint and in any action or proceedings brought for the enforcement of any provision of this article, it shall not be necessary to negative any exception, excuse, proviso or exemption contained in this article and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant or person charged.

(Ord. of 9-7-1970, § 24-100)

The board of adjustment consists of five members appointed by the city council for a term of two years. The city council may appoint a maximum of four alternate board members to serve in the absence of one or more regular board members when requested to do so by the mayor or the city manager. A vacancy of a board member or alternate member shall be filled by the city council for the unexpired term. A board member or alternate member who has served for two consecutive two-year terms must vacate the position as a member or alternate member for at least one year before becoming eligible for reappointment to another term on the board of adjustment. Appointment during any part of a term shall be deemed as service for one of the two consecutive two-year terms. A board member or alternate member may be removed from office by the city council for cause on a written charge after a public hearing.

(Ord. of 9-7-1970, § 18-101)

(a)

The board of adjustment shall adopt rules to govern its proceedings, provided such rules are not inconsistent with this chapter or statutes of the state. Meetings of the board shall be held at the call of the chairperson and at such other times as determined by the board. Four members shall constitute a quorum. The chairperson, or when absent, the acting chairperson, may administer oath and compel the attendance of witnesses.

(b)

All meetings of the board shall be open to the public. A public notice shall be posted in the mail addressed to all owners of real property located within 200 feet of the property on which an appeal is made, and a public notice shall be published in a newspaper of general circulation in the city. Such posted notice and published notice shall be given at least ten days prior to the date set for the hearing before the board of adjustment. A notice shall be given to the parties in interest and such parties may appear at the hearing in person or by agent or attorney.

(c)

The board shall keep minutes of its proceedings, showing the vote of each member on each question, or that a member is absent or failed to vote. The board shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(d)

Any appeal to the board of adjustment shall be accompanied by a filing fee that shall be in an amount as established by the city from time to time and on file in the city secretary's office or city website.

(Ord. of 9-7-1970, § 18-102)

The board of adjustment shall have the authority to act upon the following when approved by a vote of at least four members of the board of adjustment:

(1)

Decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter.

(2)

Permit the reconstruction of a nonconforming structure or a structure occupied by a nonconforming use which is partially destroyed by fire, the elements or other cause, when such destruction does not exceed 60 percent of its reasonable value.

(3)

Permit the addition of off-street parking or off-street loading facilities to a nonconforming use.

(4)

Permit a variance or modification to the height, yard, lot area, coverage and parking regulations as may be necessary to secure appropriate development of a parcel of land which under literal enforcement of the above referenced regulations would result in unnecessary hardship due to special conditions related to the particular property being considered for a variance.

(Ord. of 9-7-1970, § 18-103)

(a)

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

(1)

A person aggrieved by the decision; or

(2)

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

(b)

Such appeal must be filed with the board of adjustment and with the administrative official within 15 days after the decision being appealed has been rendered by the administrative official. The appeal must specify in writing the grounds for the appeal. On receiving the appeal, the administrative officer shall immediately transmit to the board all the papers constituting the record of the action that is appealed.

(c)

Such appeal stays all proceedings in furtherance of the action that is appealed, unless the administrative official 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 by a court of record on application, after notice to the official, if due cause is shown.

(Ord. of 9-7-1970, § 18-104)

(a)

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

(1)

A person aggrieved by a decision of the board;

(2)

A taxpayer; or

(3)

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

(b)

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

(c)

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

(d)

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

(e)

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

(Ord. of 9-7-1970, § 18-105)