The city inspector shall administer and enforce this chapter. If the city inspector finds that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, including the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

(Ord. No. 1500, § 9, 1-10-1989)

Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the city inspector. He shall record properly such complaint, immediately investigate and take action thereon as provided by this chapter.

(Ord. No. 1500, § 16, 1-10-1989)

(a)

Violation of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor subject to penalties as provided in section 1-15.

(b)

The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

(c)

Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. No. 1500, § 17, 1-10-1989)

(a)

Required. No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefor, issued by the city inspector. No building permit shall be issued except in conformity with the provisions of this chapter, except after written order from the board of adjustment.

(b)

Application; plans. All applications for building permits for local retail, commercial or industrial uses shall be accompanied by plans in duplicate, drawn to scale showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any, and the location and dimensions of the proposed building or alteration. The application shall include such information as lawfully may be required by the city inspector, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this chapter.

(c)

Disposition of plan copies. One copy of the plans shall be returned to the applicant by the city inspector, after he shall have marked such copy either as approved or disapproved together with the date and attested to the same by his signature on such copy. The second copy of the plans, similarly marked, shall be retained by the city inspector.

(Ord. No. 1500, § 9, 1-10-1989)

(a)

The purpose of site plan approval is to determine compliance with this chapter and to promote the orderly and harmonious development of the city.

(b)

A site plan and duplicate copy shall be submitted to and approved by the city inspector prior to the issuance of a building permit for new construction, or additions to an existing building or structure. A file shall be kept of all approved site plans in the city offices. Approval shall be indicated by the signature of the city inspector on the site plan with the date of approval. A duplicate copy of the submitted site plan as disapproved, approved or conditionally approved shall be given to the applicant together with all the recommendations of the reviewing body.

(c)

A site plan is a plan of development drawn to scale indicating:

(1)

The location and arrangement of buildings on subject property.

(2)

Building setbacks and yards.

(3)

Landscaping and/or walls and fences for screening purposes.

(4)

Off-street parking and loading areas and design of ingress and egress to and from abutting streets.

(Ord. No. 1500, § 8, 1-10-1989; Ord. No. 2034, § 3, 2-12-2013)

Building permits issued on the basis of plans and applications approved by the city inspector authorize only the use, arrangement, and construction set forth in such approved plans and applications. Any other use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter.

(Ord. No. 1500, § 9, 1-10-1989)

(a)

For failure to timely begin construction. If the work described in any building permit has not begun within 90 days from the date of issuance, the permit shall expire and be cancelled by the city inspector. Written notice of the expiration and cancellation shall be given to the persons affected.

(b)

For failure to timely complete construction. If the work described in any building permit has not been substantially completed within 180 days of the date of issuance thereof, the permit shall expire and be cancelled by the city inspector, and written notice thereof shall be given to the person affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new building permit has been obtained; except that the city inspector is authorized to grant no more than two extensions of time for additional periods not exceeding 180 days each.

(Ord. No. 1500, § 9, 1-10-1989; Ord. No. 2215, § 1, 1-9-2024)

The city council of the city may, after public hearing and proper notice to all parties affected, and after recommendation from the planning and zoning commission containing such requirements and safeguards as are deemed necessary to protect adjoining property, authorized by ordinance the location of any of the following in the following specified districts:

(1)

Any public building erected or used by the city, county, state or federal government in any district.

(2)

Institutions of a religious, educational or philanthropic nature in any district.

(3)

Airport, landing field or heliport in any district.

(4)

Hospital, convalescent home, nursing home, retirement center, maternity home, boarding house, or similar uses in any district; or on a minimum of five acres, penal or correctional institution, jail, prison, substance abuse facility, social rehabilitation facility, halfway house, psychiatric care facility, or similar uses in any district.

(5)

Drive-in theater in any district, minimum lot size ten acres.

(6)

Home occupations as defined in section 52-69(19).

(7)

Mining, mineral extrication, oil and gas exploration, sand and gravel excavation quarrying in any district.

(8)

Temporary concrete or asphalt batching plant in any district.

(9)

Slaughterhouse or abattoir.

(10)

Light production and manufacturing of goods but only in C-2 districts and only if the premises provide storefront display and retail sales of products produced.

(Ord. No. 1500, § 10, 1-10-1989; Ord. No. 2009, § 3, 6-12-2012; Ord. No. 2018, § 1, 9-11-2012; Ord. No. 2086, § 1.4, 7-14-2015)

The planning and zoning commission may, within its discretion, recommend to the city council that a specific use permit be denied or that it be granted or granted with such conditions as permitted in this section.

(Ord. No. 1500, § 10, 1-10-1989; Ord. No. 2009, § 3, 6-12-2012; Ord. No. 2018, § 1, 9-11-2012)

(a)

Authority of city council to impose. In granting a specific use permit, the city council may impose conditions that must be complied with by the grantee before a certificate of occupancy may be issued by the city inspector for the use of the buildings on such property pursuant to the specific use permit.

(b)

Compliance with conditions required for issuance of certificate of occupancy. Such conditions shall not be construed as conditions precedent to the granting of the specific use permit for a change in zoning for such property, but shall be construed as conditions precedent to granting of the certificate of occupancy.

(c)

Regulatory measures that may be included as permit conditions. The following are regulating measures that may be included in the conditions of a specific use permit:

(1)

Parking stipulations.

(2)

Site plan modifications.

(3)

Approval of means of ingress and egress.

(4)

Approval of building size and location.

(5)

Control of outside lighting and screening.

(6)

Special setbacks and/or building lines.

(7)

Surfacing of parking areas and drives.

(8)

Installation of curbs and drainage structures.

(9)

Approval of use or uses permitted.

(10)

Limit the terms and establish expiration dates for specific use permits.

(Ord. No. 1500, § 10, 1-10-1989; Ord. No. 2009, § 3, 6-12-2012; Ord. No. 2018, § 1, 9-11-2012; Ord. No. 2086, § 1.4, 7-14-2015)

A specific use permit shall be applied to either a specific owner/operator or to a specific lot, group of lots or tract upon adoption.

(Ord. No. 1500, § 10, 1-10-1989; Ord. No. 2009, § 3, 6-12-2012; Ord. No. 2018, § 1, 9-11-2012)

A specific use permit granted under the provisions of this article shall not be considered an amendment to the zoning ordinance as applicable to such property.

(Ord. No. 1500, § 10, 1-10-1989; Ord. No. 2009, § 3, 6-12-2012; Ord. No. 2018, § 1, 9-11-2012; Ord. No. 2086, §§ 1.1, 1.2, 7-14-2015)

After notice to the owner of record and a public hearing, city council may rescind and terminate a specific use permit if any of the following occur:

(1)

One or more of the conditions imposed by the specific use permit has not been met or has been violated.

(2)

Change of ownership/occupancy, if the original specific use permit was approved for sole and singular use, including those that permit a mobile home or manufactured home.

(3)

The structure is an "unsafe building" pursuant to chapter 10, article II, division 4, section 10-113, Code of Ordinances, City of Yoakum, Texas.

(4)

The specific use permit was obtained through fraud or deception.

(5)

Abandonment of the structure, lease space, lot, or tract of land. "Abandonment" shall be determined if any of the following conditions are found to apply for 90 days or more:

a.

The most current occupant surrenders occupancy by vacating or ceasing to operate or inhabit such property.

b.

Ad valorem taxes on the property are delinquent.

c.

Disconnection or discontinuance of water and/or electrical services to the property.

(Ord. No. 2086, § 1.3, 7-14-2015)

(a)

Appointment and removal of members; vacancies. A board of adjustments is hereby established which shall consist of five members to be appointed by the city council, each for a term of three years. Members of the board of adjustments may be removed from office by the city council for cause upon written charges and after public hearing. Vacancies shall be filled by resolution of the city council for the unexpired term of the member affected.

(b)

Rules; meetings. The board of adjustments shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this chapter. Meetings shall be held at the call of the chairperson and at such times as the board may determine. The chairperson, or in his absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

(c)

Minutes. The board of adjustments 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 shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the board.

(Ord. No. 1500, § 11, 1-10-1989)

(a)

Any persons aggrieved, or any official or department of the city affected by any decision of judgment of the city inspector concerning interpretation or administration of this chapter, may appeal such decision or judgment to the board of adjustment. Such appeals shall be taken within a reasonable time, not to exceed ten days or such other period as may be provided by the rules of the board by filing with the city inspector and with the board of adjustments a notice of appeal accompanied by a fee as established by the city council specifying the grounds thereof. The city inspector shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

(b)

The board of adjustments shall fix a reasonable time for the hearing of appeal, give public notice thereof, as well as due notice to the parties in interest and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.

(Ord. No. 1500, § 11, 1-10-1989)

An appeal stays all proceedings in furtherance of the action appealed from, unless the city inspector from whom the appeal is taken certifies to the board of adjustments after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such cases, proceedings shall not be stayed other than by a restraining order that may be granted by the board of adjustments or by a court of record on application, on notice to the city inspector from whom the appeal is taken and on due cause shown.

(Ord. No. 1500, § 11, 1-10-1989)

(a)

The board of adjustments shall have the following powers and duties:

(1)

Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the city inspector in the enforcement of this chapter.

(2)

Exceptions or temporary use permits. To hear and decide only such exceptions or temporary use permits as the board of adjustments is specifically authorized to pass on by the terms of this chapter; to decide such questions as are involved in determining whether exceptions should be granted; and to grant exceptions with such conditions and safeguards as are appropriate under this chapter, or to deny exceptions when not in harmony with the purpose and intent of this chapter.

(3)

Variances. 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 would result in unnecessary hardship.

(b)

In granting any exception, the board of adjustments may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards when made a part of the terms under which the exception is granted shall be deemed a violation of this chapter. The board of adjustments shall prescribe a time limit within which the action for which the exception is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void exception.

(c)

The board of adjustments shall include a finding in all final decisions that it is empowered under this chapter to grant the exception, and that the granting of the exception will not adversely affect the public interest.

(Ord. No. 1500, § 11, 1-10-1989)

(a)

An exception of temporary use permit shall not be granted by the board of adjustments unless and until a written application for an exception together with fee is submitted, accompanied by an accurate legal description, maps, site plans, drawings and any necessary data, indicating the section of this chapter under which the exception is sought and stating the grounds on which it is requested.

(b)

Notice shall be given of such public hearing to the owner of the property for which the exception is sought or his agent and to all owners of real property lying within 200 feet of the subject property, such notice to be given not less than ten days before the date set for hearing to all such owners who have rendered their the property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing same, properly addressed and postage paid, in the city post office. Notice of the time and place of such hearing shall also be given by one publication in the official newspaper at least 15 days prior to such hearing. Failure of owners to receive notice of hearing shall in no way affect the validity of action taken.

(c)

A public hearing shall be held on the application. Any party may appear in person, or by agent or attorney.

(Ord. No. 1500, § 11, 1-10-1989)

(a)

A variance from the terms of this chapter shall not be granted by the board of adjustments unless and until a written application for variance together with fee is submitted, accompanied by an accurate legal description, maps, site plans, drawings, and any necessary data, demonstrating that:

(1)

Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district.

(2)

Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.

(3)

The special conditions and circumstances do not result from the actions of the applicant.

(4)

Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district.

(b)

No nonconforming use of neighboring lands, structures or building in the same district, and no permitted use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.

(c)

Notice of public hearing shall be given in the same manner as required for temporary use permit applications.

(d)

The public hearing shall be held. Any party may appear in person or by agent or by attorney.

(e)

The board of adjustments shall make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure. The board of adjustments shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

(f)

Under no circumstances shall the board of adjustments grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in the districts.

(Ord. No. 1500, § 11, 1-10-1989)

(a)

In exercising its powers, the board of adjustments may, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from and may make such order, requirements, decision or determination as ought to be made, and to that end shall have powers of the administrative official from whom the appeal is taken.

(b)

The concurring vote of four of the members of the board shall be necessary to reverse any order, requirement, decision, or determination of the city inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in the application of this chapter.

(Ord. No. 1500, § 11, 1-10-1989)

The city council may, from time to time, amend this chapter by changing the boundaries of districts or by changing any other provision thereof whenever the public necessity and convenience and general welfare require such amendment. In addition, an amendment proceeding may be initiated by the planning and zoning commission or by an application of one or more owners of property affected by the proposed amendment.

(Ord. No. 1500, § 14, 1-10-1989)

Each application by a property owner shall be accompanied by a fee in the amount provided in the city fee schedule to cover administrative and processing costs.

(Ord. No. 1500, § 14, 1-10-1989)

An application for an amendment shall be accompanied by an accurate legal description, maps, site plans, drawings and any data necessary to demonstrate that the proposed amendment is in general conformance with the comprehensive plan of the city and that public necessity, convenience and general welfare require the adoption of the proposed amendment.

(Ord. No. 1500, § 14, 1-10-1989)

(a)

Required. Upon filing of the application, the planning and zoning commission shall call a public hearing on the application as provided herein.

(b)

Notice of hearing. Written notice of such hearing shall be sent to the owners of property or their agents and to all owners of property lying within 200 feet of the property on which the change in classification is proposed. The notice to be given not less than ten days before the date set for the hearing, to all such owners who have rendered their property for city taxes as the ownership appears on the last approved city tax roll. Notice may be served by regular U.S. Mail. Where property lying within 200 feet of the property proposed to be changed is located in territory which was annexed to the city after the final date for making the renditions which are included on the last approved city tax roll, notice to such owners shall be given in one publication in the official newspaper appearing at least 15 days before the time of hearing. Failure of owners to receive notice of hearing shall in no way affect the validity of action taken.

(c)

Recommendation of commission. If at the conclusion of the hearing, the planning and zoning commission decides to recommend amendment of this chapter to the city council, the recommendation shall be by resolution of the planning and zoning commission carried by the affirmative votes of not less than a majority of its total membership. A copy of any recommended amendment shall be submitted to the city council and shall be accompanied by a report of findings, summary of hearing and any other pertinent data.

(d)

Recommendation of denial may be appealed to city council. In the event the planning and zoning commission recommends denial of an application after public hearing, the applicant may appeal the determination to the city council by filing a written notice of appeal with the city clerk within ten days after the determination of the planning and zoning commission.

(Ord. No. 1500, § 14, 1-10-1989)

(a)

Public hearing; notice. If the planning and zoning commission has recommended approval of an application, or if the planning and zoning commission has recommended denial of an application and a notice of appeal has been filed pursuant to this division, the city council shall set the application for public hearing and shall give notice of the time and place of the hearing by one publication in the official newspaper appearing at least 15 days prior to such hearing, and in addition shall send written notices to the owners of property lying within 200 feet of the subject property.

(b)

Final action. The city council may, by simple majority vote, disapprove an application for amendment of this chapter, or in approving an amendment to this chapter, the city council may impose such requirements and conditions or changes as they deem necessary.

(c)

Three-fourths vote of council required for certain actions. A vote of three-fourths of the city council is required in order to adopt proposed amendments that have been recommended for disapproval by the planning and zoning commission or to adopt proposed amendments that have been recommended for approval by the planning and zoning commission against which a written protest has been filed with the city clerk duly signed and acknowledged by the owners of 20 percent of the land included in the proposed amendment or the owners of 20 percent of the land immediately adjacent to the land included in the proposed amendment and extending 200 feet therefrom.

(d)

Reconsideration after denial. In case an application for an amendment to this chapter is denied by the city council, the application shall not be eligible for reconsideration for one year subsequent to such denial. A new application affecting or including all or part of the same property must be substantially different from the application denied, in the opinion of the planning and zoning commission, to be eligible for consideration, within one year of the denial of the original application.

(Ord. No. 1500, § 14, 1-10-1989)

As an alternative to separate hearing before the planning and zoning commission and the city council, the city council may by three-fourths vote call for a joint public hearing with the planning and zoning commission and prescribe the type of notice to be given of the time and place of the hearing.

(Ord. No. 1500, § 14, 1-10-1989)