Whenever the standards and specifications in this chapter conflict with those contained in another ordinance, the most stringent or restrictive provision shall govern.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
The city council is hereby authorized and directed to promulgate rules, regulations, fees, standards and specifications for subdivisions and site development. It shall file same with the city secretary at least ten (10) days before it becomes effective. It may amend the same from time to time, provided that an amendment must be filed with the city secretary at least ten (10) days before it becomes effective. No such rules, regulations, standards and specifications shall conflict with this chapter or any other ordinances of the city.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
All applications and submissions required by this chapter are to be accompanied by such fees and costs as may be required pursuant to the current fee and permit ordinance of the city and any other fees required by this chapter.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
The zoning and planning commission (ZAPCO) is established with and pursuant to the laws of the state, to perform such duties and functions as are required or authorized by said laws and by the city charter and the ordinances adopted pursuant thereto and as may be directed by the city council. Among its responsibilities shall be the requirements to:
(1)
Act as advisory body to the city council.
(2)
Create and maintain an official zoning map for use by the city council, its city staff and appointed commissions.
(3)
Study proposed subdivision plats and plans to ensure conformance with subdivision and development ordinances.
(4)
Recommend to the city council changes in the current comprehensive plan for the city and its extraterritorial jurisdiction.
(5)
Recommend to the city council any changes deemed necessary in ordinances regulating the zoning and physical development of the city and its extraterritorial jurisdiction.
(6)
Grant or deny requested variances of this chapter.
(7)
Perform any other functions as specified by state statutes.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
The building and development services department (code official) administrates and enforces the provisions of this chapter. City staff members are authorized to undertake reviews, make recommendations and grant approvals as set forth in this chapter. The code official shall receive all applications for amendments or changes to this chapter, and applications for all permits, appeals or variances on behalf of the zoning and planning commission, board of adjustment and the city council.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11; Ordinance 2025-06-16-02 adopted 6/16/2025)
The city engineer or his designate shall discharge all duties as assigned by the city council. His duties include:
(1)
Consulting with members of the zoning and planning commission (ZAPCO) or the city staff concerning technical points of subdivision plats or plans as they relate to conformance with all provisions of this chapter.
(2)
Recommending to ZAPCO or the city staff such rules, regulations, standards and specifications as deemed appropriate to the proper enforcement of provisions of this chapter.
(3)
Performing plan reviews, site visits, construction inspections, attending meetings, and granting approvals as requested by the city council, the city manager, ZAPCO or the code official.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
Under the following circumstances, city staff or other authorized agents of the city may enter private property at reasonable times only to perform any duty imposed upon them by this chapter:
(b)
If the site to be inspected is occupied, city staff or other authorized agents of the city shall comply with section 1.01.010 and shall only enter private property at reasonable times:
(c)
If the site is unoccupied city staff or other authorized agents of the city shall first make a reasonable effort to locate the owner; resident, tenant, or lessee; or the owner’s designated agent to request consent to enter the property.
(d)
If such request for entry of unoccupied property is refused, or if no personal legally responsible for the property can be located, city staff or other authorized agents of the city shall comply with section 1.01.010 and shall only enter the unoccupied property pursuant to a lawfully issued administrative warrant.
(Ordinance 2019-02-19-08 adopted 2/19/19)
(a)
Stop-work order.
The city manager or his designee may order all work or activity of any kind stopped on any site where a violation of this chapter is found. Any person, including a workman on the site, who fails to comply with a stop-work order shall be guilty of a misdemeanor punishable as provided herein.
(b)
Injunction and other remedies.
(1)
Any structure used, or any activity contrary to any of the provisions of this chapter is hereby declared to be unlawful and shall constitute a violation of this chapter. The city council may authorize injunction, mandamus, abatement, or any other action available in law or equity to prevent, enjoin, abate, correct, or remove such unlawful structure, use, or activity.
(2)
On behalf of the city, the code official or city attorney may institute appropriate action in a court of competent jurisdiction to enforce the provisions of this chapter or the standards referred to herein with respect to any violation thereof which occurs within the city, within the extraterritorial jurisdiction of the city as such jurisdiction is determined under the Texas Local Government Code, or within any area subject to all or a part of the provisions of this chapter.
(c)
Penal provisions.
(1)
Any person, firm or corporation who violates any provision of this chapter or any order made under the authority of this chapter, or who causes or permits any such violation, or who fails to perform any act required hereunder or does any prohibited act or takes any action contrary to plans approved by the city council, the zoning and planning commission, the city engineer, appropriate emergency services district or the code official or fails to take any action required, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than $2,000.00. Each and every day on which any violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
(2)
The owner or tenant of any building, structure or premises and any architect, builder, contractor, agent, or other person who knowingly commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided and shall likewise be subject to civil penalties as provided herein.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
The enactment of this chapter repeals Ordinance No. 97-12-15-2, 97-12-15-3, 99-09-20-4, 99-09-20-5, 2000-10-16-4, and 2000-10-16-5 on the effective date of this chapter.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
The repeal of any ordinance or part of any ordinance effectuated by the enactment of this chapter shall not be construed as abandoning any action now pending under or by virtue of such ordinance, or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the city, under any section or provisions of any ordinance at the time of the passage of this chapter.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
If any provision, section, subsection, sentence, clause, or phrase of this chapter, or the application of same to any person, firm, corporation, or other entity, or to any particular set of circumstances, is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this chapter, and the applicability of this chapter to all other person, firms, or corporations, and entities, and to all other sets of circumstances, shall not be affected thereby, it being the intent of the city council in adopting this chapter that no portion hereof, or provision or regulation contained herein, shall become inoperative or fail by reason of any unconstitutionality or other invalidity of any other portion hereof, and all provisions and applications of this chapter are declared to be severable for such purposes.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
This chapter shall become effective immediately.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)