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ADMINISTRATIVE PROVISIONS
(A) General. The regulations, restrictions and boundaries set forth in this subchapter may from time to time be amended, supplemented, changed, modified or repealed upon initiation by the Planning and Zoning Commission, the City Council or by a petition of a property owner or of their authorized agents, provided however, that no such action may be taken until:
(1) Application has been made and duly filed upon the forms prescribed by the City Council and the filing fee as prescribed from time to time by the City Council has been submitted to the City Secretary;
(2) The question has been referred to the Planning and Zoning Commission for consideration and public hearing on the question and their recommendations received; and
(3) A public hearing has been held in relation thereto, before the City Council at which parties in interest and citizens shall have an opportunity to be heard.
(B) Hearing before the Zoning Commission.
(1) Written notice of all public hearings on proposed changes in district boundaries shall be sent to all owners of property within a distance of at least 200 feet from the boundaries of the subject property at least ten days prior to the hearing date. The notice shall be served by using the last known address as listed on the last approved city tax roll and depositing the notice postage paid, in the United States mail. In addition, a notice of public hearing shall be published one time in a newspaper of general circulation in the city, not less than ten days prior to the date of the hearing, and signs giving notice of a proposed zone change shall be placed on the subject property at least ten days prior to the public hearing. Minimum sign size shall be 24 inches by 24 inches with a minimum distance of 35 inches above ground. Notice of hearings on proposed changes to the text of the Zoning Ordinance shall be accomplished by one publication not less than 15 days prior thereto in the official newspaper of the city.
(2) Any hearing may be continued for good cause at the request of the applicant, or at the discretion of the Planning and Zoning Commission noted in writing in its minutes. In the event any hearing is continued or recessed or a matter tabled for any reason other than lack of proper notice, further notice to surrounding property owners shall not be required. The continuation date and time shall be set at that meeting.
(3) The same procedure for notifying adjacent property owners shall be followed by the Commission for hearings on rezoning petitions and for conditional use permit applications, unless otherwise provided.
(4) Upon the final hearing of the application, the Commission shall recommend approval or denial of the same and report of the action, shall be made by the Commission to the City Council.
(C) Hearing before the City Council.
(1) Before acting upon any application for amendment, the City Council shall hold a public hearing, notice of which hearing shall be published at least one time in a newspaper of general circulation in the city, not less than 15 days prior to the date of the hearing.
(2) Recommendations for revision or amendment of the ordinance, including the zoning district map, may also be made by the Planning and Zoning Commission upon its own motion, for final determination by the City Council. Likewise, the City Council may revise, modify or amend the ordinance, including the zoning district map, upon its own motion, provided however, the proposed changes shall first be submitted to the Planning and Zoning Commission for recommendation and report. In either case, final action thereon shall be taken only upon notice and hearing, as provided herein.
(3) In case of a written protest against the change, signed by the owners of 20% or more, either of the area of the lots or land included in the proposed change, or of the lots or land immediately adjoining the same and extending 200 feet therefrom, or if the change is denied by the Planning and Zoning Commission, the change shall not become effective except by the favorable vote of three-fourths of all members of the City Council of Heath.
(4) The City Council shall, unless otherwise stated in the motion, make all denials of zone changes with prejudice. If the request is denied with prejudice, no additional application shall be accepted which involves all or any part of the property within a period of 12 months except:
(a) At the request of the City Council; and
(b) On written request by the applicant to the City Council, with pertinent facts which the City Council may deem sufficient to warrant a new hearing. The request shall not be set for public hearing unless approved by a majority vote of the City Council. If a rehearing is granted by the City Council, then the procedure thereon will be the same as that given an original application for zoning change filed with the Commission.
(5) For joint hearings, the City Council may hold a public hearing, after publishing the required notice, jointly and with any public hearing required to be held by the Planning and Zoning Commission, but the City Council shall not take action until it has received a final report from the Planning and Zoning Commission.
(2005 Code, § 12-11-1) (Ord. 210824A, passed 8-24-2021)
(A) Zoning map.
(1) The official zoning map shall be identified by the signature of the Mayor, attested by the City Secretary and bearing the seal of the city under the following words:
“This is to certify that this is the Official Zoning Map referred to in Section 1.3 of the Ordinance Number 890316A of the City of Heath, Texas, (together with the date of the adoption of this subchapter). If, in accordance with the provisions of this subchapter and Tex. Local Gov’t. Code, Ch. 211, as amended, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the City Council.”
(2) All changes made in the official zoning map will also note on the map the ordinance number and date of final passage of the ordinance authorizing the map change. No amendment to this subchapter which involves matter portrayed on the official zoning map shall become effective until after the change and entry has been made on the map.
(3) No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this subchapter. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this subchapter and punishable as provided for hereafter.
(4) Regardless of the existence of copies of the official zoning map which may from time to time be made or published, the official zoning map, which shall be located in the office of the City Secretary shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the city.
(5) In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature and/or number of changes and additions, the City Council may, by resolution, adopt a new official zoning map, which shall supersede the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the Mayor, attested by the City Secretary, and bearing the seal of the city and date under the following words:
“This is to certify that this Official Zoning Map supersedes and replaces the original official zoning map referred to Section 1.3 of Ordinance No. 890316A of the City of Heath, Texas.”
(6) Unless the prior official zoning map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment.
(B) Rules of interpretation of district boundaries. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:
(1) Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines;
(2) Boundaries indicated as approximately following platted lot lines shall be construed following the lot lines;
(3) Boundaries indicated as approximately following city limits shall be construed as following such city limits;
(4) Boundaries indicated as following railroad lines shall be construed to be midway between the rails of the main tracks;
(5) Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines;
(6) Boundaries indicated as parallel to or extensions of features indicated in divisions (B)(1) through (5) above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map;
(7) Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by divisions (B)(1) through (6) above, the Board of Adjustments shall interpret the district boundaries;
(8) When streets or alleys on the ground differ from the streets or alleys shown on the zoning district map, the Planning and Zoning Commission may apply the district designations on the map to the streets or alleys on the ground in such a manner as to conform to the intent and purpose of this subchapter; and
(9) Whenever any street or alley is vacated, the particular district in which the adjacent property lies shall be automatically extended to the center line of any such street or alley.
(2005 Code, § 12-11-2)
It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the City of Heath. In order to provide for the changes and contingencies a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:
(A) Any question concerning any new or unlisted use shall be referred to the Planning and Zoning Commission requesting an interpretation as the zoning classification into which the use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales processing, type of product, storage, and amount or nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer;
(B) The Planning and Zoning Commission shall consider the nature and described performance of the proposed use and its compatibility with the purpose of and the uses permitted in the various districts within which the use should be permitted;
(C) The Planning and Zoning Commission shall transmit its findings and recommendations to the City Council as to the classification proposed for any new or unlisted use. The City Council shall by resolution approve the recommendation of the Planning and Zoning Commission or make such determination concerning the classification of the use as is determined appropriate; and
(D) The City Council may provide for temporary uses in any zoning district deemed appropriate for those uses under conditions, regulations or restrictions as required by Council.
(2005 Code, § 12-11-3) (Ord. 050915D, passed 9-15-2005)
(A) Administration and enforcement. The Building Inspector or another administrative official of the city shall be designated by the Mayor to administer the provisions of this subchapter.
(1) Complaint. If the Building Inspector or his or her authorized representative shall find, or if any person files with him or her a complaint in writing alleging that any of the provisions of this subchapter are being violated, he or she shall immediately investigate and when necessary give written notice of the person responsible to cease those violations, forthwith.
(2) Right to enter. 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 inspection of buildings or premises necessary to carry out the duties in the enforcement of this subchapter.
(3) Notice. Notice may be delivered in person or by certified mail to the violator or to any person owning or leasing a property where violation is occurring.
(B) Penalty for violation.
(1) Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
(2) Whenever any building work is being done contrary to the provisions of this subchapter, the City Building Inspector or his or her duly authorized representative may order the work stopped by notice in writing served on the owner or contractor doing the work or causing the work to be done, and any such person shall forthwith stop the work until authorized to proceed with the work.
(C) Occupancy, building and use permits.
(1) Building permits required.
(a) No building or other structure shall be erected, moved, added to or structurally altered without a permit issued by the Building Official.
(b) A building permit shall not be issued except in conformity with the provisions of this subchapter, unless otherwise authorized by the Board of Adjustments in the form of a variance as provided by this subchapter.
(c) All applications for building permits shall be accompanied by a plat in duplicate, drawn to scale, showing the actual dimensions of the lot to build upon, the size of the building to be erected, the use of the property and other information as may be necessary to provide for the enforcement of these regulations.
(d)
A careful record of the plats shall be kept in the office of the City Secretary, or such other person as may be designated by the City Council.
(2) Certificates of occupancy for new, altered or nonconforming uses.
(a) It shall be unlawful to use, occupy or permit the use or occupancy of any building or premises or both, or part thereof, hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure nor will permanent utility connections to serve the premises be made until a certificate of occupancy shall have been issued therefore by the City Secretary or his or her authorized representative stating that the proposed use of the land conforms to the requirements of this subchapter.
(b) Failure to obtain a certificate of occupancy shall be a violation of this subchapter, and punishable under the provisions of this subchapter.
(c) A certificate of occupancy shall be issued within ten days after the erection or structural alteration of the building shall have been completed in conformity with the provisions of this and other applicable ordinances.
(d) A temporary certificate of occupancy may be issued by the City Secretary or his or her authorized representative for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that the temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public. The 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 subchapter.
(3) Construction and use to be as provided in applications, plans and permits.
(a) A building permit may be revoked by the Building Official at any time prior to the completion of the building or structure for which the same is issued, when it shall appear that there is a departure from the plans, specifications or conditions as required under the terms of the permit, that the same was procured by false representation, or was issued by mistake, or that any of the provisions of the zoning ordinance are being violated.
(b) Upon the failure, refusal or neglect of any owner, his or her agent, contractor or duly authorized representative to secure the permit and pay the prescribed fee therefore, as herein provided, the Building Inspector may issue a stop order served upon the owner, his or her agent or contractor, or upon any person employed upon the building or structure for which the permit was issued, and thereafter no such construction shall proceed.
(2005 Code, § 12-11-4) Penalty, see § 10.99
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