The following definitions apply to the provisions of this article:
Any of the following adopted by the city, as amended: the
International Residential Code, the National Electrical Code; the
International Building Code; the International Mechanical Code; the
International Fuel Gas Code; the International Plumbing Code; and
the International Fire Code.
A building for the use or occupation of people for a public
purpose or economic gain, or a residence if the building is a multifamily
residence that is not defined as a residential building.
A publication that is developed, promulgated, and periodically
updated at a national level by organizations consisting of industry
and government fire and building safety officials through a legislative
or consensus process and that is intended for consideration by units
of government as local law. “National model code” includes
the International Residential Code, the National Electrical Code and
the International Building Code.
A building having the character of a one-family or two-family
dwelling or a multiple single-family dwelling that is not more than
three stories high with separate means of egress, including the accessory
structures of the dwelling and that does not have the character of
a facility used for the accommodation of transient guests or a structure
in which medical, rehabilitative, or assisted living services are
provided in connection with the occupancy of the structure.
(Ordinance 19-0812-03 adopted 8/12/19)
(a)
Notwithstanding any other provision contained in the sity’s
ordinances, regulations or rules to the contrary, an official responsible
for enforcement of the city’s zoning ordinance or building codes,
as designated by city charter, ordinance or other authorization of
the city, shall not:
(1)
Prohibit or limit, directly or indirectly, the use or installation
of a building product or material in the construction, renovation,
maintenance, or other alteration of a residential or commercial building
if the building product or material is approved for use by a national
model code published within the last three code cycles that applies
to the construction, renovation, maintenance, or other alteration
of the building; or
(2)
Enforce a standard for a building product, material, or aesthetic
method in construction, renovation, maintenance, or other alteration
of a residential or commercial building if the standard is more stringent
than a standard for the product, material, or aesthetic method under
a national model code published within the last three code cycles
that applies to the construction, renovation, maintenance, or other
alteration of the building.
(b)
An applicant who proposes to use a building material, product or
aesthetic method in the construction or alteration of a residential
or commercial building that is prohibited or limited by the city’s
adopted zoning ordinance or building codes, as amended, or that is
less stringent than the standard established by such ordinance or
building codes, as amended, shall identify each provision in a national
model code published within the last three code cycles that approves
the use of such building material, product or aesthetic method, as
a necessary requirement of the application.
(Ordinance 19-0812-03 adopted 8/12/19)
The prohibitions in section 14.03.002 do not apply to the following ordinances, requirements or programs of the city or state, and the officials responsible for enforcement of the city’s zoning ordinance and building codes, as designated by city charter, ordinance or other authorization of the city, shall apply all regulations and standards prescribed by such enactments, requirements or programs, whether such ordinances, requirements or programs existing or hereafter adopted or established, to the fullest extent therein provided:
(1)
A local amendment of a building code to conform to local concerns if the amendment does not conflict with section 14.03.002(a) or (b);
(2)
A program established by a state agency that requires particular
standards, incentives, or financing arrangements in order to comply
with requirements of a state or federal funding source or housing
program;
(3)
A requirement for a building necessary to consider the building eligible
for windstorm and hail insurance coverage under chapter 2210, Texas
Insurance Code;
(4)
An ordinance or other regulation that regulates outdoor lighting
that is adopted for the purpose of reducing light pollution and that:
(A) is adopted by a governmental entity that is certified as a Dark
Sky Community by the International Dark-Sky Association as part of
the International Dark Sky Places Program; or (B) applies to outdoor
lighting within five miles of the boundary of a military base in which
an active training program is conducted;
(5)
An ordinance that regulates outdoor lighting and is adopted under
subchapter B, chapter 229, Texas Local Government Code, or under subchapter
B, chapter 240, Texas Local Government Code; or
(6)
Installation of a fire sprinkler protection system under Tex. Occupation
Code, section 1301.551(i), or under Tex. Health and Safety Code, section
775.045(a)(1).
(Ordinance 19-0812-03 adopted 8/12/19)
The prohibitions in section 14.03.002 do not apply to the following buildings, and the officials responsible for enforcement of the city’s zoning ordinance and building codes, as designated by city charter, ordinance or other authorization of the city, shall apply all regulations and standards prescribed by those ordinances or codes to such buildings, whether such provisions are existing or hereafter adopted or established, to the fullest extent.
(1)
A building located in a place or area designated for its historical,
cultural, or architectural importance and significance by the city
which were adopted by the city council prior to April 1, 2019:
(2)
A building located in a zoning district designated by the city council after April 1, 2019 for its historical, cultural, or architectural importance and significance by the city, and for which the owner has voluntarily consented in writing to the application of the regulations or standards prohibited by section 14.03.002, including the following zoning districts and any district that may hereafter be created by the city council for its historical, cultural, or architectural importance and significance;
(3)
A building located in a place or area designated for its historical,
cultural, or architectural importance and significance that a municipality
may regulate under section 211.003(b), Texas Local Government Code,
if the municipality (A) is a certified local government under the
National Historic Preservation Act (54 U.S.C. Section 300101 et seq.);
or (B) has an applicable landmark ordinance that meets the requirements
under the certified local government program as determined by the
Texas Historical Commission;
(4)
A building located in an area designated as a historic district on
the National Register of Historic Places;
(5)
A building designated as a Recorded Texas Historic Landmark;
(6)
A building designated as a State Archeological Landmark or State
Antiquities Landmark;
(7)
A building listed on the National Register of Historic Places or
designated as a landmark by a governmental entity;
(8)
A building located in a World Heritage Buffer Zone; and
(9)
A building located in an area designated for development, restoration,
or preservation in a main street city under the main street program
established under section 442.014, Texas Government Code.
(Ordinance 19-0812-03 adopted 8/12/19)
(a)
An applicant, landowner or other aggrieved person may appeal the decision of an official responsible for enforcement of the city’s zoning ordinance or building codes, as designated by city charter, ordinance or other authorization of the city, applying a regulation or standard to the construction, renovation, maintenance, or other alteration of a residential or commercial building, which application is asserted to be prohibited by section 14.03.002, in the following manner:
(Ordinance 19-0812-03 adopted 8/12/19)
Notwithstanding any other provision contained in the city’s
ordinances, regulations or rules to the contrary, the following provisions
apply to the adoption of or amendment to rules of the zoning board
of adjustment and to appellate procedures before the board.
(1)
Rules of the zoning board of adjustment adopted or amended on or
after September 1, 2019, must be approved by the city council.
(2)
Appeals to the Board from the decision of an administrative official
made on or after September 1, 2019, shall be governed by the following
rules:
(A)
An appeal of a decision by an administrative official that is not
related to a specific application, address or project may be made
by an aggrieved person or any officer, department, board, or bureau
of the city affected by the decision.
(B)
An appeal of a decision by an administrative official that is related
to a specific application, address or project may be made by: the
applicant; the owner or owner’s representative of the property
that is the subject of the decision; an aggrieved person who is the
owner of property within 200 feet of the property that is the subject
of the decision; or any officer, department, board, or bureau of the
city affected by the decision.
(Ordinance 19-0812-03 adopted 8/12/19)
