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If a site plan is required, the applicant must submit five copies of the following required materials and information for site plan review:
(A) A legal description of the property under review for site plan approval;
(B) Site conditions information, including:
(1) A topographic map of the site at a scale not smaller than one inch equals 100 feet, showing two-foot contours;
(2) Soil type and evaluation for entire site, including consistency, texture, percolation capacity, bearing strength, shrink/swell potential and the like; and
(3) Means or methods of controlling sedimentation.
(C) A site conditions map at a scale not smaller than one inch equals 100 feet, showing:
(1) The relationship of the site to such external facilities as streets, residential areas, commercial facilities and recreation/open space areas;
(2) The exact location of all existing public streets, rights-of-way, easements and other reservations of land in the area of the property in question and adjacent properties in the same frontage, indicating the locations of buildings and structures on such adjacent properties, means of ingress and egress to such properties, off-street parking, loading and service areas, if any, for or on such properties, and any screening or buffering on such properties and the nature and type thereof;
(3) The exact location, size and capacity of all existing utilities, including existing fire hydrant locations; and
(4) The exact location of all water holding or carrying facilities, natural or man-made, including creeks, ponds, sinkholes, ditches, culverts and storm sewers.
(D) A site development plan at a scale not smaller than one inch equals 60 feet, showing:
(1) The name of the planner, architect or designer who prepared the plans, the name of the developer, the name of the proposed development and a north arrow and date;
(2) The exact location of all proposed streets, driveways or other facilities designed to accommodate vehicular movement in the development, points of ingress and egress, parking areas, including the exact number of spaces, and loading and service areas’ including the exact number of spaces, and loading and service areas (location of dumpsters) and a traffic impact analysis of projected trip generation for the development;
(3) The exact locations of all proposed buildings and structures to be included in the development:
(a) For commercial or industrial development, an indication of gross floor area of all buildings; and
(b) For residential development, an indication of the exact number of dwelling units broken down into sizes by number of bedrooms.
(4) The drainage pattern of the property, showing the drainage of all impervious surfaces (including roofs of buildings) and all green areas, including all control devices such as storm sewers and retention or detention facilities; and
(5) The percentage of the site that will be covered by structures and the percentage that will be covered by streets, drives, parking and loading areas.
(E) A development timetable if project is to be constructed in phases.
(Ord. passed 4-4-2000)
Changes, alterations or modifications to any finally approved site that involves construction, removal or relocation of a building or structure; redesign, or modification of the vehicular or pedestrian circulation system (including all points of access, drives, parking areas and walkways); modification of the drainage system, or relocation of any landscape area shall require approval of the City Council in accordance with the procedures described above.
(Ord. passed 4-4-2000; Ord. 2006-0921, passed 9-21-2006)
ADMINISTRATIVE AND ENFORCEMENT REGULATIONS
(A) The official zoning map of the city shall be in the office of the City Secretary and one copy shall be maintained in the office of the Building Inspector. It shall be the duty of the City Secretary to keep the official map current and the copies thereof, herein provided for, by entering on such maps any changes which the City Council may from time to time order by amendments to this chapter.
(B) The City Secretary, upon the adoption of this chapter, shall affix a certificate identifying the map in his or her office as the official zoning map of the city. He or she shall likewise officially identify the copy directed to be kept in the office of the Building Inspector.
(Ord. passed 4-4-2000)
(A) Administrative Official.
(1) The provisions of this chapter shall be administered and enforced by the Building Inspector of the city.
(2) 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 inspections of buildings of premises necessary to carry out his or her duties in the enforcement of this chapter.
(3) Whenever any construction work is being done contrary to the provisions of this chapter, the Building Inspector may order the work stopped by notice in writing served on the owner or contractor doing or causing such work to be done, and any such person shall immediately stop such work until authorized by the Building Inspector to proceed with the work.
(B) Requirements for building permit.
(1) All applications for building permits shall be accompanied by accurate plot plans, submitted in duplicate, drawn to scale, showing:
(a) The actual shape and dimensions of the lot to be built upon;
(b) The exact sizes and locations on the lot of the building and accessory building then existing;
(c) The lines within which the proposed building and structure shall be erected or altered;
(d) The existing and intended use of each building or part of building;
(e) The number of families or housekeeping units the building is designed to accommodate; and
(f) Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter.
(2) One copy of such plot plans will be returned to the owner when such plans have been approved.
(3) All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey by a qualified registered surveyor and the lot shall be staked out on the ground before construction is started.
(C) Existing permits and private agreements. This chapter is not intended to abrogate or annul:
(1) Any permits issued before the effective date of this chapter; or
(2) Any easement, covenant or any other private agreement.
(D) Preserving rights in pending litigation and violations under existing ordinances. By the passage of this chapter, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized or an illegal use, as the case may be. It is further the intent and declared purpose of this chapter that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, shall be discharged or affected by the adoption this chapter; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending be proceeded within all respects.
(E) Completion of authorized buildings. Nothing in these regulations nor in any amendments hereto which change district boundaries shall require any change in the plans, construction, or designated use of a building which shall be completed in its entirety within two years from the date of the passage of this chapter, and further provided construction shall have been started within 90 days of the passage of this chapter. Commitments with reference to construction of public utility buildings necessary for proposed expansion of the city made prior to the passage of this chapter shall be observed.
(Ord. passed 4-4-2000)
The word
BOARD, when used in this chapter, shall be construed to mean the Board of Adjustment.
(A) Organization and procedure.
(1) Establishment. A Board of Adjustment is hereby established in accordance with the provisions of Tex. Local Gov’t Code, Ch. 211, regarding the zoning of cities and with the powers and duties as provided in said code.
(2) Membership. The Board shall consist of five citizens of the city each to be appointed or reappointed by the Mayor and confirmed by the City Council, for staggered terms of two years respectively. Each member of the Board shall be removable for just cause by the City Council upon written charges and after public hearings. Vacancies shall be filled by the City Council for the unexpired term of any member whose term becomes vacant. The Board shall elect its own Chairperson, who shall serve for a period of one year or until his or her successor is elected.
(3) Meetings. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine.
(4) Hearings. The hearings of the Board of Adjustment shall be public.
(5) Rules and regulations. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the City Secretary and shall be a public record. The Board of Adjustment shall act by resolution in which three members must concur. The Board shall adopt from time to time such additional rules and regulations as it may deem necessary to carry into effect the provisions of this chapter, and shall furnish a copy of the same to the Building Inspector, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and orders shall be in accordance therewith.
(B) Appeals.
(1) Procedure. Appeals may be taken to and before the Board of Adjustment by any persons aggrieved, or by any officer, or department of the city. Such appeal shall be made by filing with the Building Inspector a notice of appeal and specifying the grounds thereof. The office or department from which the appeal is taken shall forthwith transmit to the Board of Adjustment all of the papers constituting the record upon which the action appealed from was taken.
(2) Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector shall certify to the Board of Adjustment that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceeding shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment or by a court of equity, after notice of the officer from whom the appeal is taken and on due cause shown.
(3) Notice of hearing on appeal. The Board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of such hearing to the petitioner and to the owners of property lying within 200 feet of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the Board to be affected thereby, such owners and persons being determined according to the current tax rolls of the County Appraisal District. Depositing of such written notice in the mail shall be deemed sufficient compliance therewith.
(4) Decision of Board. The Board shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The Board may reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer or department from whom the appeal is taken.
(C) Powers and duties of Board.
(1) Subpoena witnesses and the like. The Board shall have the power to subpoena witnesses, administer oaths, and punish for contempt, and may require the production of documents, under such regulations as it may establish.
(2) Appeal based on error. The Board shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirements, decision or determination made by the Building Inspector in the enforcement of this chapter.
(3) Special exceptions. The Board shall have the power to hear and decide special exceptions to the terms of this chapter upon which the Board is required to pass as follows or elsewhere in this chapter:
(a) To permit a public utility or public service use or structure in any district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety or general welfare;
(b) To grant a permit for the extension of a use, height, or area regulations into an adjoining district, where the boundary line of the district divides a lot in a single ownership on the effective date of this chapter;
(c) Waive or reduce the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make necessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience;
(d) Permit land within 300 feet of a multi-family dwelling to be improved for the parking spaces required in connection with a multi-family dwelling, but only when there is positive assurance that such land will be used for such purpose during the existence of the multi-family dwelling; and
(e) To determine in cases of uncertainty the classification of any use not specifically named in this chapter.
(4) Variances. The Board shall have the power to authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done, owing to and including the following special conditions:
(a) Permit a variance in the area, setback, height and/or coverage requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the implementation of these provisions due to an irregular shape of the lot, topography or other conditions, provided such variance will not adversely affect any adjoining property or the general welfare; and
(b) Authorize upon appeal, whenever a property owner can show that a strict application of the terms of this chapter relating to the construction or alterations of buildings or structures will impose upon him unusual and practical difficulties or particular hardship, such variances from the strict application of the terms of this chapter as are in harmony with its general purpose and intent. A variance shall be granted only when the Board is satisfied that a such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance from the Community Development Plan of the city, and at the same time protect the value and integrity of nearby property.
(Ord. passed 4-4-2000)
(A) Requirements. Certificates of occupancy shall be required for any of the following:
(1) Occupancy and use of a building hereafter erected or structurally altered;
(2) Change in use of an existing building to a different classification;
(3) Occupancy and use of vacant land, except agricultural use;
(4) Any change in the use of a nonconforming use; and
(5) No such occupancy, use or change of use shall take place until a certificate of occupancy therefor shall have been issued by the Building Inspector.
(B) Procedures.
(1) Written application for a certificate of occupancy for a new building or for an existing building which is to be altered shall be made at the same time as the application for the building permit for such building. Said certificate shall be issued within three days after a written request for the same has been made to said Building Inspector after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this chapter.
(2) A fee to be determined by the City Council shall be paid to the City Secretary for the issuance of a certificate of occupancy on all occupancies within the B-1, B-2, I-1, I-2 and MH-1 zoned districts. No fee or permit is required for single-family detached, multiple-family residential and manufactured home subdivisions. All persons owning or operating any structure, building or business within the city shall have one year from the date of adoption of this chapter to comply with this provision.
(3) All certificates of occupancy issued to any person or persons owning or operating any structure, building or business within the corporate limits are non-transferable from the location or owner shown on the face of such permits.
(C) Procedures for vacant land or a change in use. Written application for a certificate of occupancy for the use of vacant land, or for a change in the use of land or a building, or for a change in a nonconforming use, as herein provided, shall be made to said Building Inspector. If the proposed use is in conformity with the provisions of this chapter, the certificate of occupancy therefore shall be issued within three days after the application has been made.
(D) Contents and filing of certificate of occupancy. Every certificate of occupancy shall state that the building or the proposed use of a building or land complies with all provisions of law. A record of all certificates of occupancy shall be kept on file in the office of the Building Inspector and copies shall be furnished on request to any person having proprietary or tenancy Interests in the building or land affected.
(E) Temporary certificate. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the Building Inspector for a period not exceeding six months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificates shall not be construed as in any way altering the respective rights, duties or obligations of the owners of the city relating to the use of occupancy of the premises or any other matter covered by this chapter.
(Ord. passed 4-4-2000)
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