The purpose of Part VI is to establish provisions for the administration
and enforcement of the zoning regulations of the City of Brenham.
The provisions of this ordinance shall be administered and enforced
by the city manager.
Any person, firm, corporation or entity who shall violate or
assists in the violation of any of the provisions of this zoning ordinance
or who shall fail to comply therewith or with any of the requirements
thereof, or who shall commence to erect or alter any building or use
in violation of any detailed statement of plan submitted or approved
thereunder, shall for each and every violation or noncompliance be
guilty of a misdemeanor and upon conviction shall be fined not more
than one thousand dollars ($1,000.00) and each day such violation
shall be permitted to exist shall constitute a separate offense. The
owner of that building or premises or part thereof where anything
in violation of this ordinance shall be placed or shall exist, and
any architect, builder, contractor, agent or corporation employed
in connection therewith who may have assisted in the commission of
any such violation shall each be guilty of a separate offense and
upon conviction shall be subject to the penalties herein provided.
In order to enforce the provisions of this ordinance, the city
attorney is authorized to institute any civil action in the appropriate
court upon the prior approval of the city council.
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 or premises necessary to
carry out his duties in the enforcement of this ordinance.
Whenever any construction work is being done contrary to the
provisions of this ordinance, 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 forthwith
stop such work until authorized by the building inspector to proceed
with the work.
(Sec. 5.01)
All applications for building permits
shall be accompanied by accurate plot plans, submitted in duplicate,
drawn to scale, showing:
(1)
The actual shape and dimensions of the lot to be
built upon.
(2)
The exact sizes and locations on the lot of the
buildings and accessory buildings then existing.
(3)
The lines within which the proposed building and
structure shall be erected or altered.
(4)
The existing and intended use of each building
or part of building.
(5)
The number of families or dwelling units the building
is designed to accommodate.
(6)
Such other information with regard to the lot and
neighboring lots as may be necessary to determine and provide for
the enforcement of this ordinance, or if provisions of Sections 8
and 9 have been complied with.
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One copy of such plot plans will be returned to the owner when
such plans have been approved. An inspection of as long as two (2)
weeks may be required for inspection of plans before a permit is issued.
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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.
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By the passage of this ordinance 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 ordinance that no offense committed, and no liability,
penalty or forfeiture, either civil or criminal, shall be discharged
or affected by the adoption of this ordinance; but prosecutions and
suits for such offenses, liabilities, penalties or forfeitures may
be instituted or causes presently pending be proceeded with in all
respects as if such prior ordinance had not been repealed.
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 (2) years from the date of the passage
of this ordinance, provided such building was authorized by building
permit before the passage of this ordinance and further provided construction
shall have been started within ninety (90) days of the passage of
this ordinance. Commitments with reference to construction of public
utility buildings necessary for proposed expansion of the city made
prior to the passage of this ordinance shall be observed.
(Sec. 9.01)
Requirements for certificates of
occupancy.
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 use
of a different classification.
(3)
Occupancy and use of vacant land, except agricultural
use.
(4)
Change in the use of land to a use of a different
classification.
(5)
Any change in the use of a nonconforming use.
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No such occupancy, use or change of use, shall take place until
a certificate of occupancy therefor shall have been issued by the
inspector of buildings.
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(Sec. 9.02)
Procedure for new or altered buildings.
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 (3)
days after a written request for the same has been made to said building
inspector or his agent after the erection or alteration of such building
or part thereof has been completed in conformity with the provisions
of this ordinance.
(Sec. 9.03)
Procedure 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 ordinance, the certificate
of occupancy therefor shall be issued within three (3) days after
the application for same has been made.
(Sec. 9.04)
Contents.
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 or his agent and copies shall be furnished
on request to any person having proprietary or tenancy interest in
the building or land affected.
(Sec. 9.05)
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 (6) 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 or of
the city relating to the use or occupancy of the premises or any other
matter covered by this ordinance.
(Sec. 9.06)
Certificates of occupancy for nonconforming
uses.
Certificates of occupancy for nonconforming uses shall be issued as provided in Part IV, Division 3, Section 3.
If any section, paragraph, subdivision, clause, phrase, or provision
of this ordinance shall be adjudged invalid or held unconstitutional
the same shall not affect the validity of this ordinance as a whole
or any part of provisions thereto other than the part so decided to
be invalid or unconstitutional.
This amended ordinance shall become effective from and after
the date of its approval and adoption as provided by law.
