The City shall administer the provisions of this chapter and, in furtherance of such authority, the City shall:

(A)

Records. Maintain permanent and current records with respect to this chapter, including amendments thereto;

(B)

Applications. Receive, file and review all zoning applications to determine whether such plats comply with this chapter;

(C)

Commission. Receive, hear and act upon zoning applications to the Commission as required by this chapter, and forward its recommendations thereon to the City Council;

(D)

Council. Receive the recommendation of the Commission, together with the recommendations of City staff, cause notice to be given, hold a public hearing, hear from interested persons and act in its legislative discretion on the zoning change or issue; and

(E)

Implementation. Make such other determinations and decisions as may be required of the City by this chapter, the Commission or the Council; and enforce and implement this chapter and the final decisions by the City Council.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

In the interpretation and application of the terms and provisions of this chapter, the following regulations shall govern.

(A)

Liberally construed. In the City's interpretation and application, the provisions of this chapter shall be regarded as minimum requirements for the protection of the public health, safety, comfort, convenience, prosperity and welfare. This chapter shall be regarded as remedial and shall be liberally construed to further its underlying purposes.

(B)

Highest standards govern. Whenever a provision of this chapter and any other provision or this chapter, or any provision in any other law, ordinance, resolution, rule or regulation of any kind contains any restrictions covering the same subject matter, whichever restrictions are more restrictive or impose higher standards or requirements shall govern.

(C)

Resolution of conflicting interpretations. Where there arises a question concerning the meaning or intent of a provision of this chapter, a written decision setting forth the manner in which said provision shall be interpreted and administered is encouraged. In the event exception is taken by any interested party to such a decision, the matter may be appealed to the Commission and, as appropriate, to the Council whose decision shall be final.

(D)

Written decisions binding. Any final written decision made as provided in division (C) above shall be archived and shall govern interpretation of this chapter until such time as an amendment of this chapter shall nullify such decision, or the decision is overruled or rescinded by the City Council.

(E)

State law. The terms, provisions and conditions of this chapter shall be interpreted and applied in a manner consistent with state law and Tex. Local Gov't. Code Ch. 211, in particular.

(F)

Master Plan. All zoning applications shall conform to the master plan for the community and be consistent with all of the elements thereof.

(1)

Where the proposed zoning application is inconsistent with one or more of the elements of the Master Plan, the developer may petition the City for amendment to the particular element or elements of the Master Plan either prior to, or concurrent with, submitting a request for subdivision plat or development plan approval. Inconsistency with the provisions of the Master Plan shall be grounds for disapproval of the zoning application by the City.

(2)

Where the proposed zoning is for a zoning district or category provided for in this chapter, but that is not included on the Master Plan existing on the date of this chapter, or not existing on the date of such application, the applicant shall propose an amendment to the Master Plan and provide information and documentation in support of such amendment.

(G)

Consistency with the Subdivision Ordinance. All development projects within the corporate limits of the City shall be in conformance with Ch. 155 of this Code of Ordinances. Where the proposed development requires a zoning classification or approval other than that currently applying to the property to be developed, the developer shall make appropriate application to secure the necessary zoning classification or approval required for the proposed development to comply with this chapter.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

(A)

Established. A Board of Adjustment (hereafter in this section, the "Board") is established in accordance with the provisions of Tex. Local Gov't. Code § 211.008, regarding the zoning of cities and with the powers and duties as provided in said code.

(B)

Rules and regulations. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and such minutes shall be immediately filed in the office of the Board and shall be a public record. The Board of Adjustment shall act by resolution in which four members must concur. The Board may adopt rules in accordance and consistent with this chapter as necessary and required. A copy of any such rules shall be furnished to any person requesting same. All rules and regulations shall operate uniformly in all cases and all resolutions and orders shall be in accordance therewith.

(C)

Powers and duties of the Board.

(1)

Appeals based on error. The Board shall have the power to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of Tex. Local Gov't. Code Ch. 211 or this chapter.

(2)

Special exceptions. The Board shall have the power to hear and decide special exceptions to the terms of this chapter when this chapter requires the Board to do so. Such special exception shall be as follows: authorize a variance from the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, and where the topography or unusual shape of the lot and regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.

(D)

Variances. The Board shall have the power to authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done, including the following:

(1)

Yard and fence setbacks. Permit a variance in the setback requirements of any district where there are unusual and practical difficulties or unnecessary hardship in the carrying out of these provisions due to an irregular shape of the lot, topography or other conditions; provided that, such variance will not significantly affect any adjoining property or the general welfare; and

(2)

Structures. Authorize upon appeal, whenever a property owner can show that a strict application of the terms of this chapter relating to the construction or alteration of a building or structure or the use of land will impose unusual and practical difficulties or particular hardship, such variances from the strict application of the terms of this chapter as are in harmony with its general purpose and intent, but only when the Board is satisfied that a granting of such variance will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance as established by this chapter, and at the same time, the surrounding property will be properly protected; provided that, the Board shall not in any event permit a use on any property that is not permitted within the zoning category for which such property is zoned.

(E)

Procedures for requesting a variance.

(1)

A request for a variance shall be made in writing and include information to support the request for a variance. Such information may include, but is not limited to, plat plans, site and building plans, contour maps and location of existing flora. The request shall clearly state the unusual conditions or circumstances which, in the applicant's opinion, justifies a variance.

(2)

The request for a variance, and a variance request fee in accordance with the Master Rate Schedule as adopted by resolution of the City of Woodcreek, will be mailed to the City of Woodcreek, 41 Champion Circle, Woodcreek, Texas 78676.

(3)

The City will be responsible for notifying all property owners within 200 feet of the property for which the variance is requested of variance request and the time and location of the Board of Adjustment meeting at which time the request for variance will be acted upon. The notification will include a complete description of requested variance.

(4)

The request for variance will be approved or denied within 45 days from the date the request is received.

(F)

Appeals.

(1)

Procedure.

(a)

In the event that any person has been detrimentally aggrieved by a decision of an administrative officer, relative to the enforcement of Tex. Local Gov't. Code Ch. 211 and or this chapter, such person may submit an appeal in accordance with the rules of the Board within ten days of the decision. Additionally, any officer, department, board or bureau of the City may appeal a decision relative to the enforcement of Tex. Local Gov't. Code Ch. 211 and or this chapter.

(b)

The appellant must file a written appeal certifying the grounds for the appeal, and it shall be filed with the Board and with the administrative officer. The administrative officer shall forthwith transmit to the Board all documents which are pertinent to the appeal.

(2)

Stay of proceedings. Such appeal shall stay all further action relative to the appealed decision by the administrative officer. If the administrative officer deems that continuing the stay would cause imminent peril to life or property, he or she must certify the facts relating to his or her opinion in a written certificate to the Board. In the event that due cause is shown and after notice to the administrative official, the stay may be continued only by a restraining order granted by the Board or by a court of record on application.

(3)

Hearing of the appeal. The Board shall set a reasonable time for the hearing of the appeal and shall provide notice to the parties of interest, who may appear at the hearing in person or by representation of an attorney or agent.

(4)

Decision by Board. The Board shall decide appeals within a reasonable time. Any party to the appeal may appear in person or by agent or attorney at any hearing. The Board may, upon the concurring vote of four members, reverse or affirm, in whole or in part, or modify the administrative official's order, requirement or decision, and make the correct order, requirement, decision or determination on the matter appealed from and shall make such order, requirement, decision or determination as, in its opinion, ought to be made, and to that end, shall have all powers of the officer or department from whom the appeal is taken.

(G)

Changes. The Board shall have no authority to change any provision of this chapter and its jurisdiction is limited to hardship and borderline cases which may arise from time to time.

(Ord. 00-65N, 6-1-2005; Ord. 14-198, 7-9-2014; Ord. 19-255, 3-13-2019; Ord. 19-256, 3-13-2019)

No building permit will be issued for any new structure or change, improvement or alteration of any existing structure, on any lot or tract of land and no municipal utility service will be furnished to such lot or tract which does not comply with the provisions of this chapter, all other applicable City ordinances and all applicable elements of the master plan, except as herein exempted, or upon the written application and approval of a variance.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

(A)

Policy and application. Certificates of occupancy will be required for any of the following:

(1)

Occupancy of any structure or building hereafter erected or structurally altered;

(2)

Change in occupancy of an existing building to an occupancy of a different zoning district; and

(3)

No change of occupancy of any new, or altered portion of any, structure or building, or any such building or structure will take place until a certificate of occupancy therefor shall have been issued by the City.

(B)

Procedure.

(1)

New structures. No structure shall be occupied until a final inspection is made by the appropriate City official.

(2)

Altered structures. Written application for a certificate of occupancy for an existing building which is to be issued within seven days after a written request for it has been made to the City. The erection or alteration of such building or part thereof shall be completed in conformity with the provisions of this chapter and all applicable City codes and ordinances.

(3)

Change in use. Written application for a certificate of occupancy for the use of vacant land, or for a change in the use of land or a building, or for a change in a non-conforming use, as herein provided, shall be made to the City. If the proposed use is in conformity with the provisions of this chapter, a certificate of occupancy shall be issued within seven days after the application for same has been made.

(C)

Approval. Every certificate of occupancy shall state that the building or the proposed occupancy of a building or land complies with all provisions of law. A record of all certificates of occupancy shall be kept on file in the City offices and copies shall be furnished on request to any person having proprietary or tenancy interests in the building or land affected.

(D)

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

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)