University Park City Zoning Code
ARTICLE 10
Administration and Enforcement
§ 10.1 Review and Decision-Making Bodies.
10.1.1
10.1.2
Planning and Zoning Commission.
A.
Powers and Duties.
1.
The planning and zoning commission has the powers and duties expressly set forth in this zoning ordinance as well as:
2.
The planning and zoning commission acts as an advisory board to the city council relating to public improvements; civic improvements; city planning; opening, widening and changing of streets; routing of public utilities; controlling and regulating traffic on public streets and ways; and such other matters relating to city improvements as the planning and zoning commission and the city council may deem beneficial.
3.
The planning and zoning commission is empowered to make its own rules and regulations governing the platting of new subdivisions, or the replatting of old undeveloped subdivisions, and also has the power to vary those regulations when, in its judgment, it is necessary in order to ensure appropriate development of the subject area.
B.
Required Public Hearings.
Before entering any orders affecting the property rights of any person, the planning and zoning commission must conduct a public hearing. At such public hearing, any and all persons have a right to appear and object to the proposed order or action of the planning and zoning commission.
10.1.3
Community Development Director.
A.
Powers and Duties.
The community development director has the powers and duties expressly set forth in this zoning ordinance, including the following:
1.
To administer and enforce the provisions of this zoning ordinance;
2.
To conduct inspections of buildings, structures and uses of land to determine compliance with the provisions of this zoning ordinance;
3.
To issue certificates of occupancy and compliance;
4.
To make written interpretations of this zoning ordinance;
5.
To act on fence and retaining wall permits;
6.
To process all applications for development approval under the procedures of Article 9;
8.
To approve amending and minor plats.
10.1.4
Board of Adjustment.
A.
Organization, Appointment and Terms.
The board of adjustment consists of 5 members, each to be appointed by the city council for a term of 2 years. Board of adjustment members may be removed by the city council for cause upon written charges and after public hearing.
B.
Vacancies.
Vacancies on the board of adjustment must be filled for the unexpired term of any member whose place becomes vacant.
C.
Alternates.
The city council may appoint 4 alternate members of the board of adjustment to serve in the absence of one or more of the regular members when requested to do so by the community development director, so that all cases to be heard can be heard by a minimum of at least 4 members. The regulations governing appointment, terms, removal and vacancies for alternate members are the same as apply to regular board of adjustment members.
D.
Rules.
The board of adjustment must adopt rules to govern its proceedings. The board’s rules must be consistent with this zoning ordinance and state law.
E.
Meetings and Procedures.
1.
Meetings of the board of adjustment are held at the call of the chair and at such other times as the board may determine. The chair, or in the chair’s absence, the acting chair, may administer oaths and compel the attendance of witnesses.
2.
All meetings of the board of adjustment must be open to the public.
3.
The board of adjustment must keep records of its proceedings and official actions. Records must indicate the vote of each member on each question (including absences and abstentions), all of which must be open public records on file in the office of the board of adjustment.
F.
Powers and Duties.
The board of adjustment has the powers and duties that are expressly identified in this zoning ordinance, including hearing and acting on applications for special exceptions, variances and appeals of administrative decisions.
G.
Actions.
The affirmative vote of 4 members of the board of adjustment is required to revise any order, requirement, decision or determination of the community development director, or to decide in favor of the applicant on a special exception, variance of other matter upon which it is required to act under this zoning ordinance.
H.
Appeals of Board Decisions.
Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer or any officer, department or board of the city may present to a court of competent jurisdiction a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition must be presented to the court within 10 days after the filing of the decision in the office of the board of adjustment.
I.
Lapse of Approval.
When the board of adjustment authorizes a building permit to be granted as a result of its action on a special exception, variance or other matter, such authorization lapses and has no further effect if a complete application for such building permit is not filed within 90 days from the effective date of the board’s decision to authorize the permit, unless the board of adjustment expressly authorizes a longer period of time at the time of its hearing.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
§ 10.2 Violations, Penalties and Enforcement.
10.2.1
Responsibility for Enforcement.
The community development director and any other officials or agencies designated by the city manager have responsibility for enforcing this zoning ordinance. All departments, officials, agencies and employees vested with the authority to review, recommend or issue development approvals, permits or licenses must act in accordance with the provisions of this zoning ordinance.
10.2.2
Violations.
Unless otherwise expressly allowed by this zoning ordinance or state law, any violation of a provision of this zoning ordinance - including any of the following - is subject to the remedies and penalties provided for in this zoning ordinance:
A.
To use land, buildings or other structures in any way not consistent with the requirements of this zoning ordinance;
B.
To erect a building or other structure in any way inconsistent with this zoning ordinance[;]
C.
To engage in the use of a building, structure or land, or any other activity that require permits or approvals under this zoning ordinance without obtaining such permits or approvals;
D.
To engage in the use of a building, structure or land, or any other activity for which a permit or approval has been granted under this zoning ordinance or under previous zoning ordinances of the city in any way inconsistent with such permit or approval or any conditions imposed on the permit or approval;
E.
To violate the terms of any permit or approval granted under this zoning ordinance or under previous zoning ordinances of the city or any condition imposed on the permit or approval;
F.
To obscure, obstruct or destroy any notice required to be posted under this zoning ordinance;
G.
To violate any lawful order issued by any authorized public official; or
H.
To continue any violation after receipt of notice of a violation.
10.2.3
Continuing Violations.
Each day that a violation continues constitutes a separate violation of this zoning ordinance.
10.2.4
Remedies and Enforcement Powers.
The city has all remedies and enforcement powers allowed by law, including, without limitation, all of those identified in this section.
A.
Fines.
Any person violating any provisions of this zoning ordinance or failing to comply with any of its requirements may be fined, upon conviction, an amount not to exceed $2,000.00 per day.
B.
Withhold Permit.
1.
The community development director may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements upon which there is an uncorrected violation of a provision of this zoning ordinance or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the city. This enforcement provision may be used regardless of whether the current owner or applicant is responsible for the violation in question.
2.
Instead of withholding or denying a permit or other authorization, the community development director may grant such authorization subject to the condition that the violation be corrected.
C.
Revoke Permits.
1.
A permit, certificate or other form of authorization required under this zoning ordinance may be revoked by the community development director when the community development director determines:
a.
That there are unapproved significant, material departures from approved plans or permits;
b.
That the development permit was procured by false representation or was issued by mistake; or
c.
That any of the provisions of this zoning ordinance or approval previously granted by the city are being violated.
2.
Written notice of revocation must be served upon the owner, the owner’s agent or contractor, or upon any person employed on the building or structure for which such permit was issued. If no person can reasonably be served with notice, the notice must be posted in a prominent location on the building or structure.
D.
Stop Work.
With or without revoking permits, the community development director may stop work on any building or structure on any land on which there is an uncorrected violation of a provision of this zoning ordinance or of a permit or other form of authorization issued under this or previous zoning ordinances.
E.
Injunctive Relief.
The city may seek an injunction or other equitable relief in court to stop any violation of this zoning ordinance or of a permit, certificate or other form of authorization granted under this or previous zoning ordinances.
F.
Abatement.
The city may seek a court order in the nature of mandamus, abatement, injunction or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.
G.
Other Remedies and Powers.
1.
The city may seek such other penalties and remedies as are provided by law.
2.
In addition to penalties and remedies provided in this article, any owner of property in any district where such property may be affected by a violation of the terms of this zoning ordinance may bring suit in such courts having jurisdiction and seek to obtain such remedies as may be available at law or in equity for the protection of the owner’s rights.
10.2.5
Previous Enforcement Actions.
Nothing in this zoning ordinance prohibits the continuation of previous enforcement actions, undertaken by the city pursuant to previous valid ordinances and laws.
10.2.6
Remedies Cumulative.
The remedies and enforcement powers established in this zoning ordinance are cumulative, and the city may exercise them in any combination or order.
10.2.7
Persons Subject to Penalties.
Any owner of any building or premises who participates in or knowingly and willingly permits a violation of this ordinance, and any architect, builder, contractor, agent, person, or corporation who assists in the commission of any such violation is guilty of a separate offense, and, upon conviction will be subject to all available penalties and remedies provided in this ordinance.
10.2.8
Enforcement Procedures.
A.
Non-Emergency Matters.
In the case of violations of this zoning ordinance that do not constitute an emergency or require immediate attention, the subject property owner must be given notice of the nature of the violation by personal service, U.S. first-class mail or by posting notice on the premises. Notices of violation must state the nature of the violation and the time period for compliance and may state the corrective steps necessary and the nature of subsequent penalties and enforcement actions should the situation not be corrected.
B.
Emergency Matters.
In the case of violations of this zoning ordinance that constitute an emergency situation as a result of immediate public health or safety hazards if not remedied immediately, the city may use the enforcement powers available under this zoning ordinance without prior notice to the subject property owner.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
§ 10.3 Nonconformities.
10.3.1
General.
A.
Intent.
Nonconformities are created when the zoning regulations that apply to a particular property are changed to no longer allow uses, structures or other development features that have already been lawfully established. The nonconformity regulations of this article are intended to explain the effect of this nonconforming status and help differentiate nonconformities, which have legal status under this zoning ordinance, from zoning violations, which are illegal and subject to penalties and enforcement action. The regulations of this article are also intended to:
1.
Recognize the interests of landowners in continuing to use their property for uses and structures that were lawfully established;
2.
Promote maintenance, reuse and rehabilitation of existing buildings; and
3.
Place reasonable limits on nonconformities that have the potential to adversely affect surrounding properties.
B.
Authority to Continue.
Any nonconformity that existed on the effective date specified in Section 1.3 or any lot, structure use or situation that becomes nonconforming upon adoption of any amendment to this zoning ordinance or any amendment of the zoning map after the effective date specified in Section 1.3 may be continued, subject to the regulations of this article.
C.
Determination of Nonconforming Status.
The burden of proving that a nonconformity exists (as opposed to a zoning ordinance violation) rests entirely with the subject property owner.
1.
The community development director is authorized to determine whether reliable evidence of nonconforming status has been provided by the subject property owner.
2.
Common examples of evidence that the community development director may accept as reliable evidence include but are not limited to the following:
a.
Building permits;
b.
Lawfully recorded plats;
c.
Lawfully recorded instruments of conveyance;
d.
Professional registrations or business licenses;
e.
Utility billing records;
f.
Rent records;
g.
Advertisements in dated publications;
h.
Listings in telephone or business directories; and
i.
Affidavits affirming the date of lawful establishment of the use, structure or development features.
D.
Repairs and Maintenance.
1.
Repairs and normal maintenance necessary to keep a nonconformity in sound condition are permitted unless the work increases the extent of the nonconformity or is otherwise expressly prohibited by this zoning ordinance.
2.
If a nonconforming structure or a structure occupied by a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and a final order of vacation or demolition is entered by any duly authorized official by reason of physical condition, it may not thereafter be used, restored, or repaired, or rebuilt except in conformity with the provisions of the zoning district in which it is located.
3.
Nothing in this article is intended to prevent nonconformities from being structurally strengthened or restored to a safe condition in accordance with an order from a duly authorized public official.
E.
Change of Tenancy or Ownership.
Nonconforming status runs with the land and is not affected by changes of tenancy, ownership or management.
10.3.2
Nonconforming Lots.
A.
Description.
A nonconforming lot is a lawfully created lot, shown on a plat recorded with the Dallas County Deed Records, that does not comply with applicable lot area or lot width requirements of the subject zoning district.
B.
Lots in Residential Zoning Districts.
In residential zoning districts, a single detached house may be erected on a nonconforming lot without complying with the applicable lot area or lot width requirements of the subject zoning district. All other lot and building regulations apply.
C.
Lots in Nonresidential Zoning Districts.
In nonresidential zoning districts, a nonconforming lot may be used as a building site and developed with a use allowed in the subject zoning district. If the zoning allows a variety of uses or a variety of intensities of uses and one or more uses or intensities would comply with applicable lot area, lot width, or street frontage requirements, while others would not, then only the uses or intensities that comply with applicable regulations are permitted. All other lot and building regulations apply.
10.3.3
Nonconforming Uses.
A.
Description.
A nonconforming use is a use that was lawfully established in accordance with all zoning regulations in effect at the time of its establishment but that is no longer allowed by the use regulations of the zoning district in which the use is located.
C.
Expansion.
Unless otherwise expressly stated, nonconforming uses may not be expanded or extended to occupy a greater area than was occupied at the time the use became nonconforming unless the expansion reduces or eliminates the nonconformity. A nonconforming use of a portion of a building may be expanded or extended into the remaining portions of the building if the community development director determines that the area of the building in which the expansion is proposed was manifestly arranged and designed for the use.
D.
Movement.
A nonconforming use may be moved in whole or in part to another location on the same lot only if the movement or relocation does not create additional or new nonconformities. A nonconforming use may be moved to another lot only if the use would comply with the zoning regulations that apply to that (relocation) lot. Once moved to another location, the nonconforming use in its previous location is deemed to have been abandoned and may not be re-established in that previous location.
E.
Loss of Nonconforming Rights.
1.
If a nonconforming use is discontinued for a continuous period of 6 months more or more for any reason whatsoever, the nonconforming use is deemed to have been abandoned and may not be re-established.
2.
Whenever a nonconforming use is abandoned, all nonconforming rights are surrendered and any new or re-established use must comply with all applicable regulations of this zoning ordinance.
10.3.4
Nonconforming Structures
A.
Description.
A nonconforming structure is a structure, other than a sign, that was lawfully established but no longer complies with applicable zoning regulations because of:
1.
The adoption or amendment of the zoning regulations after the structure was established, or
2.
The replatting, within a Single-Family Zoning District (SF 1-4), combining an existing developed residential lot with an abutting vacant residential lot, resulting in a single residential lot, leaving only one existing primary Single-Family Dwelling on the expanded lot.
B.
Use.
A nonconforming structure may be used for any use allowed in the zoning district in which the structure is located, including a lawfully established nonconforming use.
C.
Movement.
A nonconforming structure may be moved in whole or in part to another location only if the structure would comply with the zoning regulations that apply to the new location. Once moved to another location, the nonconforming structure in its previous location is deemed to have been abandoned and may not be re-established in that previous location.
D.
Alteration, Enlargement or Expansion.
1.
Nonconforming principal buildings and structures may be enlarged or expanded if the proposed alteration or expansion complies with all applicable lot and building regulations and does not increase the extent of the nonconformity.
2.
Nonconforming accessory buildings and structures may not be enlarged or expanded
E.
Damage or Destruction.
If a nonconforming structure is damaged, dismantled, demolished or destroyed by fire, the elements, natural disaster or intentional action to the extent of 50% or more of its replacement cost at time of damage, the nonconforming structure may not be re-established. If the structure is damaged or destroyed by fire, the elements, or natural disaster to the extent of less than 50% of its replacement cost at time of damage, the nonconforming structure may be re-established to the extent it existed before the damage, provided that a permit application to allow the re-establishment is filed within 12 months of the damage.
10.3.5
Nonconforming Development Features.
A.
Description.
A nonconforming development feature is any aspect of a development - other than a nonconforming lot, nonconforming structure or nonconforming use - that was lawfully established in accordance with zoning regulations in effect at the time of its establishment but that no longer complies with one or more applicable zoning regulations. Common examples are off-street parking areas that contain fewer spaces than required by current regulations and sites that do not comply with current landscaping, screening or outdoor lighting regulations.
B.
General.
Nonconforming development features may remain except as otherwise expressly stated in this zoning ordinance, but the nature and extent of nonconforming development features may not be increased.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)