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(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may be instituted, or causes presently pending be proceeded within all respects as if the prior ordinance had not been repealed.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)
(A) The following shall only be exempt from side yard setbacks not abutting a street and rear yard setbacks:
(1) Structures used by children, such as but not limited to:
(a) Playhouses, not to exceed 120 square feet;
(b) Swing sets; and
(c) Basketball goals.
(2) Patios and decks not over 30 inches above the ground;
(3) Swimming pool decks;
(4) Air conditioning equipment;
(5) Pool equipment;
(6) Portions of a house or structure cantilevered beyond the foundation but not exceeding three feet;
(7) Barbeque grills;
(8) Trellises, open gazebos and other decorative structures not exceeding 120 square feet; and
(9) Accessory buildings no larger than 120 square feet and no taller than ten feet.
(B) A special exception to side and rear yard setbacks abutting the City of Dallas take-line may be granted by the Board of Adjustments for any structure.
(2005 Code, § 12-11-8) (Ord. 030717F, passed - -)
Any person, firm, or corporation violating any of the provisions of § 159.20, 159.21, 159.43 or 159.50 shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a penalty of a fine not to exceed the sum of $2,000 for each offense and each day such offense continues shall be deemed to constitute a separate offense.
(Ord. 101221A, passed 12-21-2010)