Loading...
The purpose of this chapter is to promote and protect the public health, safety, morals, comfort, and general welfare of the people of the city. Associated with this purpose is the establishment of an effective administrative system to fulfill the objectives of good, sound zoning, such system should, among other things, expeditiously handle day by day matters concerning the citizens of the city and county with utmost care, courtesy, and exacting ability; protect the right of appeal from any decision of an administrative officer; deal fairly with deliberate or accidental infractions of this chapter; and, through its function, create such climate as may deserve the respect of the community and the confidence of its citizens.
(Ord. 1991-07, passed 1-7-1991)
The administration of this chapter shall be with three offices of local government, namely:
(A) The Administrative Zoning Officer to be appointed by the City Council;
(B) The City of Austin Plan Commission; and
(C) The City of Austin Board of Zoning Appeals;
(Ord. 1991-07, passed 1-7-1991)
(A) Appointment. There shall be an Administrative Zoning Officer who shall be the enforcement officer of this chapter. Said person shall be appointed by the City Council. The Administrative Zoning Officer may be the Building Commissioner or Clerk-Treasurer of the city.
(B) Qualifications. The Administrative Zoning Officer shall be a person of proven responsibility and knowledgeable in zoning administration and practice. Said person shall enforce the provisions of this chapter to their literal meaning and shall not try to exercise independent discretion that may violate it. Said person shall not permit the violation of any of the provisions of this chapter just because said person considers it unduly severe as applied to specific cases, inasmuch as this chapter provides the necessary remedies. Said person shall not refuse to issue a permit for the construction of a building or structure or for the use of land on the basis of what said person considers to be lack of wisdom in any zoning provision. Said person shall use the powers of said person’s position to encourage compliance and advise citizens how such compliance can be achieved without unnecessary hardship.
(C) Duties. In addition to other administrative duties assigned to the Administrative Zoning Officer periodically by the City Council, the Administrative Zoning Officer shall perform the following duties:
(1) Said Administrative Zoning Officer shall issue all zoning permits and certificates of occupancy;
(2) Said Administrative Zoning Officer shall conduct inspections of buildings, structures, and uses of land to determine compliance with the provisions of this chapter;
(3) Said Administrative Zoning Officer shall maintain accurate records including, but not limited to, maps, amendments, variations, conditional uses, and applications;
(4) Said Administrative Zoning Officer shall receive, file applications for permits, and shall forward details of any refusal to issue a permit to the Board of Zoning Appeals;
(5) Said Administrative Zoning Officer shall revoke certificates of occupancy or zoning permits when violations of the provisions of this chapter are discovered by him or her; and
(6) Said Administrative Zoning Officer shall initiate court action as may be deemed necessary to prevent or abate violations to the provisions of this chapter, report all violations for prosecution to the proper legal authority, and sign or cause to be signed all complaints to local courts prepared by the proper legal authority.
(D) Inspections. The Administrative Zoning Officer may, after giving at least 48 hours notice to the proper person, examine premises to investigate possible violations. Said Administrative Zoning Officer shall state the nature of the violation to the owner or resident and give reasons for the inspection prior to obtaining entry into the premises.
(Ord. 1991-07, passed 1-7-1991)
(A) No use permit pertaining to the use of land or buildings shall be issued by the Administrative Zoning Officer unless the application for such permit has been examined and approved by said officer. Any use permit issued in conflict with the provisions of this chapter shall be cause for revocation. The application for a use permit shall include the following data and provisions:
(1) Location of the proposed structure, including street name or names, house or lot number, zoning;
(2) Name of the owner of property, type of work proposed, and estimated cost of such work;
(3) Use proposed for the building or structure, the area of the lot and dimensions of same, size of front, side, and rear yards;
(4) Number of families that will occupy the building, the height and number of stories of the building or structure, the number, size, and type of any accessory building; and
(5) A sketch of the proposed layout of the lot, and affidavit attesting to the accuracy of the application.
(B) Within two days after an application for a use permit is filed, the Administrative Zoning Officer shall examine the application and shall advise the applicant or his or her agent as to whether or not the building, structure, or use thereof complies with the provisions of this chapter. If said Administrative Zoning Officer finds the data in order, the Administrative Zoning Officer shall issue the zoning permit. If the Administrative Zoning Officer denies the permit, the Administrative Zoning Officer shall inform the applicant of the Administrative Zoning Officer’s findings and shall instruct him or her as to the applicant’s right of appeal. The Administrative Zoning Officer shall acquaint the applicant thoroughly with all current procedures to effect such an appeal. One copy of the application, together with the plans, shall be returned to the applicant after the Administrative Zoning Officer shall have marked such copy either as approved or rejected, attesting to same by his or her signature on such copy. The original copy of the application, similarly marked, shall be retained by the Administrative Zoning Officer as part of the office’s permanent record.
(Ord. 1991-07, passed 1-7-1991)
No new building or improvement shall be occupied or land use started unless and until the applicant shall have applied for in writing and received a certificate of occupancy from the Administrative Zoning Officer. Such certificate shall be issued after the premises have been thoroughly inspected by said officer and found to be in full compliance with the provisions of this chapter.
(Ord. 1991-07, passed 1-7-1991)
(A) Applicants filing for changes in zoning, appeals, and/or review of shopping center plans shall be required to pay a filing fee in accordance with the following schedule:
Changes in zoning | $100 |
Appeals from decision of Zoning Administrator | $100 |
Appeals for a variance | $100 |
Appeals for a special use to allow mineral extractions, salvage yards, refuse disposal sites, and Planned Unit Developments | $100 |
Appeals for a special use other than those listed above | $100 |
Review of shopping center plans | $200 |
(B) Applications for zoning permits shall conform to the following schedule:
Type of Project | Amount per 100 Square Feet of Floor Area |
Type of Project | Amount per 100 Square Feet of Floor Area |
Church buildings or additions | $1.50 |
Commercial buildings | $2.50 |
Industrial buildings | $3.50 |
Multi-family dwellings and apartments | $3.00 |
One-family dwellings under 2,000 square feet | $1.50 |
One-family dwellings between 2,000 and 2,500 square feet | $2.00 |
One-family dwellings between 2,500 and 3,000 square feet | $2.50 |
One-family dwellings over 3,000 square feet | $3.00 |
Pole barns | $2.00 |
Residence garage | $2.00 |
School buildings or additions | $1.50 |
Three-family dwellings | $2.00 |
Two-family dwellings | $2.00 |
(C) Salvage yards $150 minimum plus $15 per acre. Mobile home parks $150 minimum plus $15 per trailer lot stand.
(D) Mobile home when used as permanent residence $1.50.
(E) The minimum cost of a zoning permit shall be $15. Whenever permits are not obtained prior to beginning of construction, a fee of $50 shall be required over and above the cost of the permit for the first offense. The second offense shall carry an additional fee of $150.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
The Commission, the Board or any designated enforcement official may institute a suit for injunction in the County or Circuit Courts, or a court of competent jurisdiction to prevent an individual or governmental unit from violating the provisions of this chapter. Said bodies may also institute a suit for mandatory injunction directing an individual or governmental unit to remove a structure erected in violation of the provisions of this chapter.
(Ord. 1991-07, passed 1-7-1991)
Loading...