Loading...
(A) The lawful use of land existing upon the effective date of this subchapter, although that use does not conform to the provisions hereof, may be continued, subject to the provisions hereof.
(B) The lawful use of a building existing upon the effective date of this subchapter may be continued, although the use does not conform to the provisions hereof. The use may be extended throughout portions of the buildings as are arranged or designed for the use, provided no structural alterations, except those required by law or ordinance, are made therein. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or more restricted classification. If the non-conforming building is voluntarily removed, the future use of the premises shall be in conformity with the provisions of this subchapter. In the event a non-conforming use of any building or premises is discontinued for a period of one year, the use of the premises shall thereafter conform to the provisions of the district in which it is located.
(C) A non-conforming use, if changed to a conforming use or a more restricted non-conforming use, may not thereafter be changed back to a less restricted use than that to which it was changed.
(D) If by amendment of this subchapter any property is hereafter transferred to a more restrictive district by a change in the district boundaries, or the regulations and restrictions in any district are made more restrictive or of a higher classification, the provisions of this subchapter relating to the non-conforming use of buildings or premises existing upon the effective date of this subchapter shall apply to buildings or premises occupied or used upon the effective date of that amendment. Repairs and alterations may be made to a non-conforming building, provided that no structural alterations or extensions shall be made except those required by law or ordinance, unless the building is changed to a conforming use.
(E) A non-conforming use shall not be extended or rebuilt in case of obsolescence or total destruction by fire or other cause. In the case of partial destruction by fire or other causes not exceeding 50% of its value, the Building Inspector shall issue a reconstruction permit. If destruction is greater than 50% of its value, the Board of Adjustment may grant a permit for repair or replacement after public hearing and having due regard for the property rights of the persons affected when considered in the light of public welfare and the character of rounding the designated non-conforming use and the purposes of this subchapter.
(Ord. 3-86, passed 6-12-1986)
(A) Administrative official.
(1) The provisions of this subchapter shall be administered and enforced by the Building Inspector of the city. The Building Inspector or any duly authorized person shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises necessary to carry out his or her duties in the enforcement of this subchapter.
(2) Whenever any construction work is being done contrary to the provisions of this subchapter, the Building Inspector may order the work stopped by notice in writing served on the owner or contractor doing or causing the work to be done, and any person shall forthwith stop the work until authorized by the Building inspector to proceed with the work.
(B) Requirements for building permit.
(1) All applications for building permits shall be accompanied by accurate plot plans, submitted in duplicate, drawn to scale, showing:
(a) The actual shape and dimensions of the lot to be built upon;
(b) The exact size and locations on the lot of the buildings and accessory buildings then existing;
(c) The lines within which the proposed building and structure shall be erected or altered;
(d) The existing and intended use of each building and or part of building;
(e) The number of families or housekeeping units the building is designed to accommodate; and
(f) Other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this subchapter. One copy of the plot plans will be returned to the owner when the plans have been approved. All dimensions shown on these plans, relating to the location and size of the lot to be built upon, shall be based on an actual survey by a qualified registered surveyor and the lot shall be staked out on the ground before construction is started. After application for permit is sought in writing on the required form promulgated by the city, the city shall either accept or reject the permit within one week from the filing of same.
(2) Under no circumstances shall any plumbing be done before the building permit is issued, and no plumbing shall be issued before the building permit is issued.
(C) Existing permits and private agreements. This subchapter is not intended to abrogate or annul:
(1) Any permits issued before the effective date of this subchapter; and
(2) Any easement, covenant or any other private agreement.
(D) Newly annexed areas.
(1) Permits in temporary zoned areas. In the area temporarily classified as District R1, no permit for the construction of a building or use of land other than types of buildings or land used allowed in District R1 under this subchapter shall be issued by the Building Inspector until the permit has been specifically authorized by the City Council. Permits for the construction of buildings in a newly annexed territory prior to permanent zoning may be authorized under the following conditions: An application for any use shall be made to the Building Inspector, the application to show the use contemplated, and a plat showing the size and type of building to be constructed; and, if the application is for other than a building allowed in District R1, it shall be referred to the City Council.
(2) Unplatted property. The city shall not approve any plat or any subdivision within the city limits of the city until the area covered by the proposed plat shall have been permanently zoned by the City Council.
(E) Certificate of occupancy and compliance.
(1) No building hereafter erected or structurally altered shall be used, occupied or changed in use until a certificate of occupancy and compliance shall have been issued by the City Inspector stating that the building or proposed use of a building or premises complies with the building laws and the provisions of these regulations.
(2) Certificates of occupancy and compliance shall be applied for coincident with the application for building permit and shall be issued within ten days after the erection or structural alterations of the building shall have been completed in conformity with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the City Inspector and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.
(3) No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy and compliance.
(Ord. 3-86, passed 6-12-1986; Ord. 2-7-98, passed 7-9-1998)
The word BOARD, when used in this subchapter, shall be construed to mean City Council.
(A) Organization and procedure.
(1) Establishment. The City Council is hereby established as a Board of Adjustment.
(2) Membership. The Mayor and all Council members.
(3) Meetings. Meetings of the Board shall be held at the regular meetings of the City Council unless a special meeting is called.
(4) Hearings.
(a) The hearings of the City Council sitting as a Board of Adjustment shall be public. However, the Board may go into executive session for discussion but not for vote on any case before it.
(b) The Board shall hear the intervention of any owner of property adjacent to, in the rear of, or across the street from a lot as to which the granting of any building permit is pending, and shall also hear any other parties in interest.
(5) Rules and regulations.
(a) 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 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.
(b) The City Council, sitting as a Board of Adjustment, shall act by resolution in which a majority must concur. The Board shall adopt, from time to time, such additional rules and regulations as it may deem necessary to carry into effect the provisions of the ordinance, and shall furnish a copy of the same to the Building Inspector, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and orders shall be in accordance therewith.
(B) Appeals.
(1) Procedure. Appeals may be taken to and before the Board of Adjustment by any persons aggrieved, or by an officer, or department of the city. The appeal shall be made by filing with the office of the Board of Adjustments a notice of appeal and specifying the grounds therefor. The office or department from which the appeal is taken shall forthwith transmit to the Board of Adjustment all of the papers constituting the record upon which the action appealed from was taken.
(2) Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector shall certify to the Board of Adjustment that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceeding shall not be stayed otherwise than by a restraining order, which may be granted by the City Council or by a court of equity, after notice of the officer from whom the appeal is taken and on due cause shown.
(3) Notice of hearing on appeal. The Board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of the hearings to the petitioner and to the owner of property lying within 200 feet of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the City Council to be affected thereby, the owners and persons being determined according to the current tax rolls of the city. Depositing of the written notice in the mail shall be deemed sufficient compliance therewith.
(4) Decision by Board of Adjustment.
(a) The Board of Adjustment shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney.
(b) The Board may reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer or department from whom the appeal is taken.
(C) Powers and duties of Board.
(1) Subpoena witnesses and the like. The Board of Adjustment shall have the power to subpoena witnesses, administer oaths and punish for contempt, and may require the production of documents, under regulations as it may establish.
(2) Appeal based on error. The Board of Adjustment shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirements, decision or determination made by the Building Inspector in the enforcement of this subchapter.
(3) Special exceptions. The Board of Adjustment shall have the power to hear and decide special exceptions to the terms of this subchapter upon which the City Council is required to pass.
(4) Variances. The Board of Adjustment shall have the power to authorize upon appeal in specific cases the variance from the terms of this subchapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this subchapter will result in unnecessary hardship, and so that the spirit of this subchapter shall be observed and substantial justice done.
(Ord. 3-86, passed 6-12-1986)
(A) Authority. The City Council may, from time to time, amend, supplement or change by ordinance the boundaries of the districts or the regulations herein established.
(B) Submission to experts. Before taking action on any proposed amendment, supplement or change, the City Council may submit the proposed revision to the City Engineer, City Attorney or other experts of its choosing, for their recommendation and report.
(C) Public hearing. A public hearing shall be held by the City Council before adopting any proposed amendment, supplement or change. Notice of the hearing shall be given by publication one time in a paper of general circulation in the city, stating the time and place of the hearing, which time shall not be earlier than 30 days from the first date of publication.
(D) In case of protest. In a case of a protest signed by the owners of 20% or more of the area of the lots included in the proposed change, or of those immediately adjacent or within an area extending 200 feet from the proposed area of change, the change shall not become effective except by the favorable vote of three-fourths of all members of the City Council.
(E) Petition by owners. Whenever the owners of at least 50% of all the property situated within the area bounded by a line of 200 feet in all directions from the site of any proposed change shall present a petition, duly signed and acknowledged, to the City Council, requesting an amendment, supplement or change of the regulations prescribed for the property, it shall be the duty of the City Council to vote upon the proposal presented by the petition within 90 days after the filing of same with the City Council, in accordance with the above procedure.
(F) Limitation on re-submission of petition. No amendment, supplement or change of repeal of any section of this subchapter which has been legally rejected by the City Council shall be considered again by the City Council on an appeal or petition by the appellant or application before the expiration of one year.
(Ord. 3-86, passed 6-12-1986; Ord. 2-7-98, passed 7-9-1998)
(A) Council to serve as Planning and Zoning Commission. The Planning and Zoning Commission of the city is hereby abolished and its functions, duties, responsibilities policies, practices and procedures shall be assigned to the City Council.
(B) Organization.
(1) The Mayor and Mayor Pro-Tem shall serve as Chairperson and Vice-Chairperson and the members of the City Council shall serve as Members of the Planning and Zoning Commission and shall have the power to employ such qualified persons as may be necessary for the proper conduct of planning and zoning, land use planning, subdivision requirements and flood plain control; and to pay for their services and such other necessary expenses provided that the cost of the services and expenses shall not exceed the amount budgeted by the City Council for those purposes.
(2) The City Council shall have the power to make regulations for its own practices and procedures which shall conform as nearly as possible to those governing the City Council in its other conduct of city business, the rules shall include among other items, provisions for:
(a) Regular and special meetings open to the public;
(b) Records of its proceedings to be open for inspections by the public;
(c) Reporting to the public from time to time; and
(d) For the holding of public hearings prior to the adoptions of its recommendations.
(C) Council’s function as Planning and Zoning Commission. The City Council while serving as a Planning and Zoning Commission shall have the power and it shall be its duty to make and recommend for adoption a master plan, as a whole or in parts for the future development and redevelopment of the municipality and its environs and shall have the power and it shall be its duty to prepare a comprehensive plan of ordinances for zoning the city and in accordance with the applicable laws of the State of Texas. The Council as Planning and Zoning Commission shall perform such duties as may be prescribed by ordinance or state law.
(Ord. 3-86, passed 6-12-1986; Ord. 2-7-98, passed 7-9-1998)
In interpreting and applying the provisions of this subchapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare. It is not intended by this subchapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, provided, however, that where this subchapter imposes a greater restriction upon the building or premises or upon height of building, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provision of this subchapter shall govern.
(Ord. 3-86, passed 6-12-1986)
PLATS AND SUBDIVISIONS
Loading...