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§ 155.292 BOARD OF ADJUSTMENT.
   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)
§ 155.293 CERTIFICATES OF OCCUPANCY.
   (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)
§ 155.294 AMENDMENTS.
   (A)   Petition. Any person or corporation having a proprietary interest in any property may petition the City Council for a change, supplement, or amendment to the provisions of this chapter or the City Council may on its own motion institute a study and proposal for changes, supplements and amendments in the public interest.
   (B)   Procedures.
      (1)   The City Council may, from time to time, amend, supplement or change by ordinance the districts or the regulations herein established.
      (2)   The City Council shall hold a public hearing on any request for any amendment, supplement or change prior to approving or denying the request.
      (3)   Written notice of all public hearings before the City Council on any proposed amendment, supplement or change shall be sent to all owners of real property lying within 200 feet of the property on which the change is requested. Such notice shall be given not less than ten days before the date set for hearing by posting such notice, properly addressed and postage paid, to each taxpayer as the ownership appears on the last approved city tax roll.
      (4)   Notice of such hearing shall also be given by publication in a paper of general circulation in the city, stating the time and place of such hearing, which time shall not be earlier than 15 days from the first date of publication.
      (5)   If a protest against a proposed amendment, supplement or change has been filed with the City Secretary in accordance with this division (B)(5), such change shall not become effective except by favorable vote of three-fourths of all the members of the City Council.
         (a)   The protest must be written and signed by the owners of at least 20% of either:
            1.   The area of the lots or land included in such proposed change; or
            2.   The area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area.
         (b)   In computing the percentage of land area under this division (B)(5), the area of streets and alleys shall be included.
      (6)   Amendments to this chapter not involving a particular property but involving a change in the zoning regulations generally do not require notice to individual property owners. In such cases, notice of the required public hearing shall be given by publication in the official newspaper of the city, stating the time and location of the public hearing, which time shall not be earlier than 15 days from the date of such publication.
   (C)   Limitation of resubmission of petition. No amendment, supplement, change or repeal of any section of this chapter, which has been legally rejected by the City Council on an appeal or petition by an appellant, may be reconsidered before the expiration of one year from the date of the original action.
   (D)   Factors in amendment considerations. In making its determination regarding an amendment to the Zoning Ordinance, the City Council shall consider the following factors:
      (1)   Whether the use permitted by the proposed change will be appropriate in the immediate area concerned and the impact of the proposed change on the general area and the city as a whole;
      (2)   Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers and other utilities to the area;
      (3)   The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the city, and any special circumstances, which may make a substantial part of such vacant land unsuitable for development;
      (4)   The rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change;
      (5)   The manner in which other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved and whether such designation for other areas should also be modified; and
      (6)   Any other factors which will substantially affect the public health, safety, morals or general welfare.
(Ord. passed 4-4-2000; Ord. 2006-0921, passed 9-21-2006)
§ 155.295 INTERPRETATION, PURPOSE ANDCONFLICT.
   In interpreting and applying the provisions of this chapter, the provisions shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the building or premises or upon height of building, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provision of this chapter shall govern.
(Ord. passed 4-4-2000)
§ 155.999 PENALTY.
   (A)   Any violation of this chapter shall be a misdemeanor and each day that said violation occurs shall be a separate misdemeanor and the penalty for violating the provisions of this chapter shall be a fine of not more than the maximum amount permitted by state law, for each offense.
   (B)   Any owner or owners of any building or premises or part thereof, who participates in or knowingly and willingly permits a violation of this chapter, and any architect, builder, contractor, agent, person or corporation who assists in the commission of any such violation shall be guilty of a separate offense, and upon conviction thereof shall be fined as provided in division (A) above.
   (C)   The penalty provided herein shall be cumulative of other remedies provided by state law and may be exercised in enforcing this chapter, whether or not there has been a criminal complaint filed.
(Ord. passed 4-4-2000)
APPENDIX A: SCHEDULE OF USES
Tables
   Table 1   Accessory and Incidental Uses
   Table 2   Residential Uses
   Table 3   Educational, Institutional and Special Uses
   Table 4   Transportation, Utility and Communications Uses
   Table 5   Automobile and Related Service Uses
   Table 6   Office, Retail, Commercial and Service Type Uses
   Table 7   Manufacturing, Storage and Warehousing Uses
LEGEND FOR INTERPRETING SCHEDULE OF USES
   Y   Designates use permitted in district indicated.
      Designates use prohibited in district indicated.
   S   Designates use that may be approved with Specific Use Permit
The numbers in the “note” column in the Schedule of Uses refer to descriptions/definitions listed in Appendix B
TABLE 1: ACCESSORY AND INCIDENTAL USES.
Type of Use
note
RA
R-1
MF-1
MH-1
MH-2
B-1
B-2
THOR
I-1
I-2
FH
Type of Use
note
RA
R-1
MF-1
MH-1
MH-2
B-1
B-2
THOR
I-1
I-2
FH
Accessory building to main use
1a
Y
Y
Y
Y
Y
Y
Y
Y
Y
Boat; boat trailer
Y
Y
Y
Y
Y
Carport
1b
Y
Y
Y
Y
Y
Construction yard (temporary) (1)
1c
Y
Y
Y
Y
Y
Y
Y
Y
Y
Customary home occupation (2)
1d
Y
Y
Y
Y
Y
Field or sales office, temporary (1)
1e
Y
Y
Y
Y
Y
Y
Y
Y
Y
Garage, commercial
1f
Y
Y
Y
Y
Garage, community
1g
Y
Y
Y
Y
Y
Y
Y
Y
Y
Garage, private
1h
Y
Y
Y
Y
Y
Y
Y
Y
Y
Garage, storage
5j
Y
Y
Y
Greenhouse (non-commercial)
3ff
Y
Y
Y
Y
Y
Y
Y
Y
Guest house
2h
S
S
S
Local utility distribution lines
1l
S
S
S
S
S
S
S
S
S
Motor home
Y
Y
Y
Y
Y
Off-street parking incidental to main use (3)
1j
Y
Y
Y
Y
Y
Y
Y
Y
Y
Public safety building
Y
Y
Y
Y
Y
Y
Y
Y
Y
Recycling collection bin
Y
Y
Y
Y
Y
Y
Y
Y
Y
Recreational vehicle
Y
Y
Y
Y
Y
Y
Y
Y
Storage facilities for goods used in or produced by permitted uses or related activities
Y
Swimming pool (private) (4)
Y
Y
Y
Y
Y
Trailer; travel trailer; cattle trailer and the like
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
*The number in this column references the description/definition listed in Appendix B
(1) See § 155.223 for additional regulations
(2) See § 155.251 for additional information and regulations
(3) See § 155.255 for off-street parking requirements
(4) See § 155.229 for additional regulations
*Permitted only on premises of a governmental, educational or institutional use that is permitted in this district
The numbers in the “note” column in the Schedule of Uses refer to descriptions/definitions listed in Appendix B
 
TABLE 2: RESIDENTIAL USES.
Type of Use
note
RA
R-1
MF-1
RM-2
MH-2
B-1
B-2
THOR
I-1
I-2
FH
Type of Use
note
RA
R-1
MF-1
RM-2
MH-2
B-1
B-2
THOR
I-1
I-2
FH
Bed and breakfast inn
2a
S
S
S
S
Y
Y
Y
Boarding or rooming house
2b
Y
Y
S
Y
Dormitory
2c
S
Duplex (see two-family dwelling)
2d
Garage apartment
2f
S
S
Y
S
Garden (patio) home (1)
2g
S
Y
S
Hotel, motel, motor lodge
2i
Y
S
Y
Y
Manufactured housing, HUD Code (2)
2j
Y
Y
Manufactured home park
2k
Y
Manufactured home subdivision
2l
Y
Mobile home
2m
Not permitted use in any district
Modular home
2n
Y
Y
Y
Y
Motel, motor hotel or motor lodge (see hotel, motel, motor lodge)
Multi-family residence
2p
Y
Patio home (see garden home)
Residence hotel
2q
S
S
Y
S
Retirement housing
2r
Y
Servant’s, caretaker’s or guard’s residence
2s
S
S
S
S
S
S
S
Single-family dwelling, attached
2t
S
Y
Single-family dwelling, detached
2u
Y
Y
Y
Y
Townhouse or row dwelling
2v
S
Y
Travel trailer park
2w
S
Two-family dwelling
2x
S
Y
Zero lot line house (1)
2y
S
Y
*The number in this column references the description/definition listed in Appendix B
(1) See § 155.230 for additional regulations
(2) See § 155.227 for additional regulations
The numbers in the “note” column in the Schedule of Uses refer to descriptions/definitions listed in Appendix B
 
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