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(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
(A) Nothing herein contained shall require any change in the plans, construction or designated use of a building, the foundation for which has been completed constructed at the time of the adoption of this subchapter, and the remaining construction of which shall have been completed within one year of the date of the adoption of this subchapter.
(B) In addition, any commercial or industrial building or structure, for which a building permit has been approved by the city not more than 12 months prior to the adoption of this subchapter may be constructed according to the terms of that building permit.
(2005 Code, § 12-11-5)
(A) 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; or
(2) Any easement, covenant or any other private agreement.
(B) Preserving rights in pending litigation and violations under existing ordinances.
(1) By the passage of this subchapter, no presently illegal use shall be deemed to have been legalized unless the use falls specifically within a use district where the actual use is a conforming use. Otherwise, the uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be.
(2) It is further the intent and declared purpose of this subchapter that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, shall be discharged or affected by the adoption of this subchapter; but prosecution and suits for such offenses, liabilities, penalties or forfeitures may be instituted, or causes presently pending be proceeded within all respects as if the prior ordinance had not been repealed.
(2005 Code, § 12-11-6)
(A) Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
(B) The Planning and Zoning Commission, with the concurrence and approval of the City Council shall determine and set forth a fee schedule for the purpose of recovering the administrative cost of processing zoning and subdivision requests and the public hearings called for by this subchapter. The fee shall be paid by the applicant and shall not be designed for restricting an applicant’s ability to seek a hearing and/or to generate revenue for other than recovery of actual administrative cost incurred by the city. Immediately upon receipt of the application and fee, the City Secretary shall note thereon the date of filing, and make a permanent record thereof.
(2005 Code, § 12-11-7)
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