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(A) This chapter does not legalize any current illegal use, unless the use is a conforming use for that district. A use that was permitted by right or was a nonconforming use under previous regulations, or was established lawfully prior to the adoption of this chapter is deemed a nonconforming use. A use that was not lawfully established is an illegal use.
(B) This chapter does not discharge or otherwise affect the prosecution of any prior offense, or the imposition of any liability, penalty or forfeiture, either civil or criminal. Prosecutions and suits for any offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending may proceed as if this chapter had not been passed.
(C) This chapter is not intended to abrogate or annul any permit issued by the city before the effective date of this chapter. Nothing in this chapter nor in any amendments to this chapter which change district boundaries shall require any change in the plans, construction or designated use of a building that is completed in its entirety within two years from November 17, 2015, provided such building was authorized by a permit issued by the city prior to November 17, 2015.
(Ord. passed 11-17-2015)
(A) Front yard.
(1) Where a greater front yard is established by ordinance or approved planned unit development site plan within a zoning district, no building shall be erected closer to the street right-of-way than so specified.
(2) Where a building line is shown on a plat recorded with the County Clerk, and such building line provides a greater front yard than required by this chapter, no building shall be erected closer to the right-of-way than provided by the recorded plat.
(3) Open and unenclosed terraces or porches and eaves and roof extensions may project into the required front yard for a distance not to exceed four feet; provided however, that no supporting structure for such extensions or other structure may be located within the required front yard.
(4) An unenclosed canopy for a gasoline service station or similar business may extend into the required front yard but shall never be closer than 12 feet from the street right-of-way.
(B) Side and rear yards.
(1) The required side and rear yards shall be open and unobstructed except as permitted in this section. The ordinary projection of window sills, belt courses and other ornamental features not to exceed 12 inches. Eaves, roof extensions and awnings may project to within five feet of a side or rear lot line.
(2) Open or lattice enclosed fire escapes, fireproof outside stairways, balconies opening upon fire towers, and ordinary projections of chimneys and flues may extend into the required rear yard for a distance not to exceed three and a half feet.
(3) Terraces, uncovered porches, pools, platforms and ornamental features which do not exceed more than three feet above ground may project to within two feet of a side lot line.
(C) Location of dwellings and buildings.
(1) Only one main structure for a single-family use with permitted accessory buildings may be located upon a lot or unplatted tract. Every dwelling shall front and face a street. Whenever a main building will not face a street, the same may be permitted when a site plan is approved in a manner established by applicable ordinance.
(2) Where a lot is used for multiple family dwellings, retail, commercial or industrial purposes or any combination of these uses, more than one main building may be located on the lot but only when such buildings conform to all the open space, parking and density requirements applicable to the uses and zoning district.
(D) Accessory buildings. Accessory buildings not exceeding 15 feet in height may be erected to within ten feet of side and rear property lines. Such buildings in excess of 15 feet in height shall observe the side and rear yard requirements of the applicable zoning district.
(E) Fences, walls and similar barriers.
(1) No fence, wall or similar barrier may be located within a street right-of-way.
(2) A fence, wall or similar barrier not exceeding three-and-a-half feet in height may be located within the required front yard, provided however that it shall be placed no closer than ten feet from the street (either back of curb or pavement edge). The height of the fence, wall or similar barrier may be extended to a maximum of eight feet on corner lots serving as an entryway into a subdivision, provided that no primary entrance to the main structure on the lot shall face towards the fence, wall or similar barrier.
(3) When no front yard is required by the applicable zoning district, the building line established by the wall of a main structure closest to the street right-of-way shall substitute as the required front yard for the purposes of this division. However, when an opaque screening device is required along the side and rear lot lines, the screening device shall be extended to the required front yard of the adjoining property.
(4) Fences, walls and similar barriers may be erected along the side and rear property lines.
(Ord. passed 11-17-2015)
(A) Nonconforming uses.
(1) Any lawful use of property existing at the time of passage of this chapter that does not conform to the regulations prescribed in the preceding sections of this chapter shall be deemed a nonconforming use.
(2) A nonconforming use of land or a structure may be continued; however, when the nonconforming use is discontinued for a period of six months, such use shall conclusively be deemed to have been abandoned and shall not be resumed. Any future use of said premises shall be in conformity with the provisions of this chapter. Normal seasonal cessation of a use, or temporary discontinuance for purposes of maintenance or rebuilding after damage or destruction as provided in this section, shall not be included in calculating the period of discontinuance.
(3) If no structural alterations (except those required by law or ordinance) are made, a nonconforming use may be extended throughout a building. A nonconforming use of a building may be changed to another nonconforming use of the same or more restrictive zoning classification provided no structural alterations are made. In the event a nonconforming use of a building is changed to a nonconforming use of a higher and more restrictive zoning classification, it shall not later be reverted to a use in the former lower or less restrictive zoning classification.
(4) If the structures accommodating or serving a nonconforming use are damaged or destroyed by fire, explosion, flood, tornado, riot, or act of the public enemy, the structure may be rebuilt in accordance with this section and the nonconforming use may be resumed.
(5) The right of nonconforming uses to continue shall be subject to such regulations as to the maintenance of the premises and conditions of operation as may, in the judgment of the Zoning Board of Adjustment and Appeals, be reasonably required for the protection of adjacent property.
(B) Nonconforming structures.
(1) A nonconforming structure may be continued and may be enlarged, repaired, or altered provided such does not create an additional nonconformity or increase the degree of existing nonconformity with respect to maximum building height and minimum yard requirements. Any alteration or enlargement shall not extend further into the required yard than the existing nonconforming portion of the building. This provision shall apply separately to each yard requirement with which the existing structure does not comply.
(2) Nothing in this section shall prevent the restoration within a period of six months of a nonconforming building or structure which has been damaged or destroyed by fire, explosion, flood, tornado, riot, or act of the public enemy. The restoration shall not create an additional nonconformity or increase the degree of nonconformity established by the building or structure that was damaged or destroyed. A nonconforming structure shall not be restored in case of obsolescence or demolition.
(C) Effect of nonconforming designation.
(1) A request for nonconforming designation, or request for relief under this designation, shall not create an estoppel of the trial of any lawsuit which may be filed in any court. There is hereby created a Zoning Board of Adjustments and Appeals consisting of five members each to be appointed by the City Council. The City Council shall also appoint four alternate members of the Zoning Board of Adjustments and Appeals who shall serve in the absence of one or more regular members when requested to do so by the Mayor or the City Manager. The members and alternates of the Zoning Board of Adjustments and Appeals shall be residents of the city property owners, and qualified voters of the city. Three of the regular members shall be appointed for two-year terms and two regular members shall initially be appointed for one-year terms and the alternative members shall be appointed for two-year terms. Any member is subject to removal for cause by City Council upon written charges and after public hearings. Vacancies shall be filled for the unexpired term of any member or alternate whose term becomes vacant. The Zoning Board of Adjustments and Appeals may adopt rules to govern its proceedings, provided that such rules are not inconsistent with this chapter. All cases to be heard by the Zoning Board of Adjustments and Appeals will always be heard by a minimum of five members.
(2) All members present, including the Chairman, shall vote on every motion. Any member of the Board present and refusing to vote shall be entered into the minutes of such meeting as voting in the affirmative, provided however, that a member of the Board shall not vote upon the consideration of any matter involving his own official conduct or where his financial interest is involved; in which event such member shall give his reasons for not voting and such reasons shall be entered upon the minutes of the Board. Minutes of all meetings of the Board shall be taken and recorded and such shall constitute a public record. Meetings of the Zoning Board of Adjustments and Appeals may be held at the call of the Chairman, who may administer oaths and compel the attendance of witnesses. All meetings of the Zoning Board of Adjustments and Appeals shall be open to the public.
(3) The Zoning Board of Adjustments and Appeals shall have the following powers:
(a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter;
(b) Such appeals can be taken by any person aggrieved or by any officer, department, board or department of municipality affected by any decision of the administrative office. Such appeals shall be taken within 15 days time after the decision has been rendered by the administrative office, by filing with the officer from whom the appeal is taken and with the Zoning Board of Adjustments and Appeals, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings upon the action appealed unless the officer from whom the appeal is taken certified to the Zoning Board of Adjustments and Appeals, after the notice of appeal shall have been filed with him, that by reason of acts, stated in the certificate, a case, proceedings shall not be stayed, otherwise than by a restraining order which may be granted by the Board or by a court of record or application on notice to the officer from whom the appeal is taken and on due cause shown;
(c) The Zoning Board of Adjustments and Appeals shall hear an appeal within 30 days from date of filing notice of appeal, after public notice thereof, as well as due notice to the parties in interest and decide the same within 60 days from date of such hearing. Upon the hearing any party may appear in person or by attorney or agent;
(d) To provide relief from the terms of this chapter when, because of special circumstances applicable to the property, the strict application of the zoning regulations will deprive such property the privileges enjoyed by other property in the vicinity having the identical zoning classification. The Board will ensure that any adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and the district in which such property is situated;
(e) The Zoning Board of Adjustments and Appeals may grant a variance, due to the unnecessary hardship, when it makes affirmative findings of fact on each of the following criteria:
1. The hardship for which the variance is requested is unique to the property and not general to the area in which the property is located; and
2. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purposes or regulations of the zoning district in which the property is located.
(f) It may be considered an unnecessary hardship when a lot of record within a single-family zoning district does not meet the dimensional requirement of that zoning district, and the application of the dimensional requirements would deprive the property owner of a structure deemed common to the majority of single-family residences and reasonably required for the maintenance of the residence and for the protection of adjacent property;
(g) In exercising its powers, the Board may, in conformity with the provisions of Articles 1001-A and including 1001-J of the 1925 Civil Statutes of Texas, revise or reform wholly or partly, or may modify the order, requirements, decision or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken, provided however, that the concurring vote of four members of the Board shall be necessary to revise any order, requirements, decisions or determination of any such administrative official; or to decide in favor of the application on any matter upon which it is required to pass under this chapter or to affect any variances in said ordinance; and
(h) Any person or persons, jointly or severally, aggrieved by any decision of the Zoning Board of Adjustments and Appeals, or any officer, department, or Board of the Municipality may present to court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the Board and not thereafter.
(Ord. passed 11-17-2015)
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