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(A) Any use of land or structures which do not conform to the use regulations prescribed in this chapter or amendments hereto shall be deemed a non-conforming use.
(B) Any building or structure on a lot which does not conform the lot area, lot dimensions, front yard, side yard, rear yard or coverage, or any building or structure which does not conform to the height, parking, loading, building spacing or any other regulations or any requirements of this chapter shall be deemed a non-conforming building or structure.
(C) Any use or failure to meet requirements that existed lawfully at the time of enactment of this chapter may be continued subject to reasonable regulations by the Board of Adjustments, except as described in the following.
(1) A non-conforming use or failure to meet requirements shall not be continued when there is a change of use.
(2) A non-conforming use or failure to meet requirements shall not be continued when 50% of the floor area of the use or structure is remodeled or rebuilt.
(3) A non-conforming use or failure to meet requirements shall not be continued when the non-conforming use is abandoned. A structure shall be deemed to be abandoned when the electrical service and/or water service has been disconnected for a period of six consecutive months.
(4) Any non-conforming use or failure to meet requirements shall be brought into compliance when the property is rezoned to another district.
(1998 Code, App. A, § 40-65) (Ord. 94-05, passed 4-20-1994; Ord. 21-24, passed 10-6-2021)
Height limitations stipulated elsewhere in this chapter shall be modified as follows.
(A) Chimneys, water towers, penthouses, scenery lofts, monuments, cupolas, domes, spires, standpipes, false mansards, parapet walls, drive-in theater screens, similar structures and necessary mechanical appurtenances may be erected as to their height in accordance with existing or hereafter adopted ordinances of the city.
(B) On through lots with double frontage 150 feet or less in depth, the height of a building may be measured from the curb level on either street. On through lots, more than 150 feet in depth, the height regulation and basis of height measurement for the street permitting the greater height shall apply to a depth of not more than 150 feet from that street. The remainder of the lot shall comply with height regulation based on the street with the lower elevation.
(1998 Code, App. A, § 40-66)
(A) In all districts, except E-1 (Central Business), where the frontage upon the same side of a street between two intersecting streets is occupied or partially occupied by a building with front yards which do not conform to the provisions of this chapter, or where the configuration of the ground is such that conformity with the front yard provisions of this chapter would work a hardship, the Board of Adjustment may permit modifications of the front yard requirements applicable to the remaining frontage upon the same side of such street between such intersecting streets.
(B) In all districts, except E-1 (Central Business), where the frontage upon the same side of a street between intersecting streets is occupied or partially occupied by a building having front yards of greater depth than are required by this chapter, no other lot upon the same side of such street between such intersecting streets shall be occupied by a building with a front yard of less than the least depth of any such existing front yards, unless by permission of the Board of Adjustment.
(C) No cornice shall project over the street line more than 5% of the width of such street and in no case more than four feet.
(D) Buildings on through lots in all districts, except E-1 (Central Business), where such lot is 200 feet or more in depth, shall provide an equivalent open space in lieu of the required rear yard; provided that, in any case where the rear lot lines are continuous through the block, if a through lot is secured by combining any two or more non-through lots and their common rear line is eliminated or built over, any building on such through lot shall provide a court above the level of the first story open and unobstructed the full width of the lot and for the full distance between the projected minimum rear yard lines. It is the purpose of this regulation to secure adequate ventilation for the interior of the block.
(E) A minimum of ten feet shall be allowed between buildings. This distance may not be reduced by more than 40% by overhanging eaves, roofs or other projections.
(F) The area required in a yard at any given level shall be open from such level to the sky, unobstructed, except for the customary projections of skylights and parapets above the bottom of such yard, and except for the ordinary projections of window sills, belt courses, cornices or other ornamental features not exceeding four inches and chimneys not more than two feet; provided that, if the building is not more than 35 feet in height, such cornice may project not more than two and one-half feet into such yard; and, provided further that, upon balconies and one-story porches with three unenclosed sides may project into a front or rear yard not to exceed ten feet; provided further that, within five feet of the street wall a cornice may project not more than three feet into the side yard.
(G) An open fire escape may project not more than four feet into a side or rear yard. Solid floored balconies and enclosed fireproof outside stairways may project not more than four feet into a rear yard.
(H) To provide adequate protection in all districts zoned for residential uses, a minimum setback of 25 feet of all buildings and accessory buildings from any underground, high-pressure, gas pipeline easement or any other hazardous pipeline is required. When deemed necessary, the City Commission may request additional setbacks. The only exception will be one storage building not exceeding 225 square feet in floor area or 12 feet in height will be allowed in the 25-foot setback area. Foundations for storage buildings will be constructed on a treated wood foundation and not on concrete. Storage buildings are not classified as permanent accessory buildings.
(1998 Code, App. A, § 40-67) (Ord. 94-05, passed 4-20-1994; Ord. 07-39, passed 11-7-2007; Ord. 08-31, passed 7-16-2008)
Nothing herein contained shall require any change in plans, construction or designated use of a building legally under construction or restoration or for which a permit for construction or restoration has been issued at the time of passage of this chapter. The entire construction or restoration of the building shall be complete within two years from the passage of this chapter.
(1998 Code, App. A, § 40-68)
(A) Gasoline or diesel storage tanks shall conform to the provisions of Ch. 96 of this code of ordinances.
(B) Portable fuel containers of less than 55 gallons capacity shall not be considered storage tanks for purposes of this section.
(C) No gasoline or diesel storage tank shall be located in Districts A, A-1, A-2, B, B-1, C, C-1, MH and O-P or any residential district that may be created in the future.
(D) Aboveground storage tanks other than vaulted aboveground tanks are prohibited, except in District H and G.
(E) Vaulted aboveground tanks for private use may be allowed in all districts, except A, A-1, A-2, C, C-1, D, D-1, MH and O-P; provided, they meet all local requirements.
(F) Storage tanks for all retail and marine service stations open for public use shall be underground.
(G) No opening for the filling or dispensing of any gasoline or diesel tanks shall be permitted within 50 feet of any boundary of a district zoned for residential uses or within 50 feet of any residential use.
(1998 Code, App. A, § 40-69) (Ord. 94-05, passed 4-20-1994) Penalty, see § 160.999
ADMINISTRATION AND ENFORCEMENT
(A) Zoning Commission.
(1) Creation. There is hereby constituted a commission to be known as the Zoning Commission of the city pursuant to Tex. Local Gov't Code § 211.007 et seq.
(2) Composition. The Zoning Commission shall consist of five members and two alternate members who shall each be appointed by the City Commission, upon recommendation of the Mayor.
(3) Terms of office. The Zoning Commission is recognized as lawfully constituted and existing in accordance with the authority of the Charter, and the terms and appointments of the five currently serving members and two currently serving alternate members are affirmed such that all members are serving two-year staggered terms as follows: three members have terms expiring 9-30-2023; two members have terms expiring 9-30-2024; and the two alternate members have terms expiring 9-30-2023. Thereafter, all appointments on such Zoning Commission shall be for a term of two years. Any vacancy on the Zoning Commission in and during the unexpired term of a member thereof shall be filled by the City Commission, upon recommendation by the Mayor.
(4) Quorum. Any combination of three members and/or alternate members shall constitute a quorum for the transaction of business. The affirmative vote of a majority of these attending any meeting at which there is quorum present shall be necessary to pass any motion or recommendation of the Zoning Commission. Alternates shall sit and vote as a member of the Zoning Commission when required to establish a panel of up to five members. When more than one alternate is available to fill a single vacancy, the Zoning Commission Chairperson shall designate which alternate shall serve.
(5) General duties. The Zoning Commission shall have the following powers:
(a) To recommend the boundaries of the various districts and appropriate regulations to be enforced therein under this section, the Charter of the city or the laws of the state to the City Commission and to recommend approval or denial of zoning changes and regulations under this section, the Charter of the city or the laws of the state;
(b) To hear, recommend or determine any matter relating to zoning control as may be specified or required under this section, the Charter of the city or the laws of the state; and
(c) To exercise such duties and powers as may be now or hereafter conferred by this section, the Charter of the city or applicable laws of the state.
(B) Planning Board.
(1) Creation. There is hereby constituted a board to be known as the Planning Board of the city. It is recognized that at the time of adoption of this section the Planning Board has existed and functioned in accordance with the authority of the city's Charter.
(2) Composition. The Planning Board shall consist of five members and two alternate members who shall each be appointed by the City Commission, upon recommendation of the Mayor.
(3) Terms of office. The Planning Board is recognized as lawfully constituted and existing in accordance with the authority of the Charter, and the terms and appointments of the five currently serving members are affirmed such that all members are serving four-year staggered terms as follows: two members have terms expiring 9-30-2023; one member has term expiring 9-30-2024; one member has term expiring 9-30-2025; and one member has term expiring 9-30-2026. One alternate member shall be appointed to an initial term expiring 9-30-2024 and one alternate member shall be appointed to an initial term expiring 9-30-2025. Thereafter, all appointments on such Planning Board shall be for a term of four years. Any vacancy on the Planning Board in and during the unexpired term of a member or alternate member thereof shall be filled by the City Commission, upon recommendation by the Mayor.
(4) Quorum. Any combination of three members and/or alternate members shall constitute a quorum for the transaction of business. The affirmative vote of a majority of these attending any meeting at which there is quorum present shall be necessary to pass any motion or recommendation of the Planning Board. Alternates shall sit and vote as a member of the Planning Board when required to establish a panel of up to five members. When more than one alternate is available to fill a single vacancy, the Planning Board Chairperson shall designate which alternate shall serve.
(5) General duties. The Planning Board shall have the powers, authorities, duties and responsibilities as designated by the City Commission by duly enacted ordinance, including without limitation any such ordinances in effect as of the date of the adoption of this section.
(1998 Code, App. A, § 40-76) (Ord. 2022-28, passed 11-2-2022)
(A) General. The City Commission may, from time to time, on its own motion or on petition, after public notice and hearings thereon, as provided herein, amend, supplement, change, modify or repeal the regulations and restrictions as established herein and may change, restrict or extend the boundaries of the various districts established herein. Before taking action upon any proposed amendment, modification, change, restriction or extension, the same shall be referred by the City Commission to the Zoning Commission of the city, for recommendation and final report of such Zoning Commission; and no action shall be taken by the City Commission until it has received the final report of said Zoning Commission.
(B) Application requirements.
(1) Any person, firm or corporation requesting a change in zoning of any property from one district classification to another district classification under this chapter shall make an application in writing to the city requesting a change in zoning, which application shall contain the following information:
(a) Legal description of the land on which a zoning change is requested together with the local street address;
(b) Name and address of the owner of the property;
(c) Name and address of the person making the application, if made by anyone other than the owner, together with a statement that the person making the application is authorized to act for the owner in making the application;
(d) District use under which the property is regulated at the time of making the application and the district use requested by the applicant; and
(e) Any other information concerning the property as may be requested by the Department of Transportation and Planning of the city or the Zoning Commission.
(2) Prior to processing the request, the applicant shall pay a fee as established in § 160.107 of this chapter to offset the costs of processing, publishing and mailing of notices.
(C) Zoning Commission public hearing.
(1) Notification. Before acting upon any changes in the classification of property, the Zoning Commission shall hold a public hearing. Written notice of all such public hearings before said Zoning Commission on proposed changes in classification shall be sent to owners of real property lying within 200 feet of the property on which the change in classification is proposed, such notice to be given, not less than ten days before the date set for the hearing, to all such who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the city post office. Where property lying within 200 feet of the property proposed to be changed is located in territory which was annexed to the city after the final date for making the renditions which are included on the last approved city tax roll, proper advertising of the public hearing shall be provided by at least 15 days’ notice of the time and place of such hearing as published in an official newspaper or a newspaper of general circulation in the city.
(2) Continuance. Any hearing may be continued for good cause at the request of the applicant, or at the discretion of the Zoning Commission duly noted in writing in its minutes. In the event that 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 provided that such continuation date and time shall be set at that meeting.
(3) Recommendation.
(a) Upon the final hearing of such application, the Zoning Commission shall recommend approval or denial of the same and a report of such action shall be made by the Zoning Commission to the City Commission.
(b) In the event that the Zoning Commission recommends that a zoning change request not be granted, the case will not be processed further and shall not be forwarded to the City Commission for public hearing, unless the applicant shall, within ten days after the date the Zoning Commission votes to recommend that the zoning change not be granted, file with the Department of Transportation and Planning a request that the application be forwarded to the City Commission for a public hearing and determination of the zoning change request.
(c) In the event a zoning change request is denied by the Zoning Commission or the City Commission, the property owner/applicant shall not reapply for the same land use rezoning change for a period of 180 days from the date of denial.
(D) City Commission public hearing.
(1) Notification. Before acting upon an amendment change, modification or repeal of this chapter by the City Commission, at least 15 days’ notice of the time and place of such hearing shall be published in an official newspaper or a newspaper of general circulation in the city.
(2) Continuance. Any hearing may be continued for good cause at the request of the applicant, or at the discretion of the City Commission duly noted in writing in its minutes. In the event that 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 provided that such continuation date and time shall be set at that meeting.
(3) Approval. If the zoning request for change in classification of property is approved by the City Commission, an appropriate ordinance shall be voted upon by the City Commission when the City Commission has received notice from the Building Official that the applicant has requested a building permit for the requested uses.
(4) Expiration. If no ordinance granting the requested zoning has been adopted within one year of the date on which the City Commission voted approval of the zoning change, such zoning shall be considered to be expired unless placed on the City Commission agenda for further consideration.
(1998 Code, App. A, § 40-77) (Ord. 95-26, passed 1-3-1996; Ord. 98-37, passed 12-2-1998)
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