(a)
Authority to amend.
(1)
The city council may from time to time amend, supplement, or change,
by ordinance, the boundaries of the districts or the regulations herein
established.
(2)
Request for zoning change or amendment.
Any person,
corporation or group of persons having a proprietary interest in any
property, upon proof of such interest, may petition the city council
for a change or amendment to the provisions of this chapter, or the
planning and zoning commission may, on its own motion, institute proposals
for change and amendment in the public interest. All petitions for
the amendment of this chapter shall bear the signature of the owners
of all property within the area of request.
(b)
Public hearing process for zoning.
(1)
Planning and zoning commission.
(A)
Before taking action on any such proposed amendment, supplement,
or change, the city council shall submit the same to the planning
and zoning commission for its recommendation and report.
(B)
Written notice of all public hearings before the city planning and
zoning commission, on a 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 (10) days before the date set for hearing, by depositing
a notice properly addressed and postage paid in the United States
Post Office to such property owners as the ownership appears on the
current city tax roll.
(C)
Notice of public hearing shall be posted in a publicly accessible
place at city hall a minimum of 72 hours prior to the hearing.
(D)
Public notification signs stating that a zoning change is requested
shall be placed on the subject property ten (10) days prior to the
hearing.
(2)
City council.
(A)
A public hearing shall be held by the city council before adopting
any proposed amendment, supplement, or change, notice of which hearing
shall be given by publication one (1) time in the official paper of
the city, stating the time and place of such hearing, which time shall
not be earlier than 15 days from the date of publication.
(B)
Notice of public hearing shall be posted in a publicly accessible
place at city hall a minimum of 72 hours prior to the hearing.
(C)
Public notification signs stating that a zoning change is requested
shall be placed on the subject property ten (10) days prior to the
hearing.
(D)
The affirmative vote of at least three-fourths (3/4) of all members
of the city council is also required to overrule a recommendation
of the planning and zoning commission that a proposed change to a
regulation or boundary be denied.
(3)
Denial.
If such proposed amendment, supplement, or change
has been denied by the planning and zoning commission, such amendment
shall not become effective except by a three-fourths (3/4) vote of
the members of the city council.
(4)
Protest.
(A)
A protest must be written and signed by the owners of at least 20
percent of either the following:
(B)
In computing the percentage of land area, the area of streets and
alleys shall be included.
(C)
If a proposed change to a regulation or boundary is protested in
accordance with this section, the proposed change must receive, in
order to take effect, the affirmative vote of at least three-fourths
of all members of the city council.
(c)
Zoning changes that do not apply to specific property.
These changes are usually associated with textual changes. When any
proposed amendment, supplement, or change of zoning map or text of
this zoning chapter does not affect the land use character or zoning
classification of specific property, notice of public hearings of
the planning and zoning commission and city council shall be given
by publication in a newspaper of general circulation in the city without
the necessity of notifying property owners by mail. Such notice shall
state the time and place of such hearings and the nature of the subject
to be considered. Such notice shall be published not less than 15
days prior to the public hearings.
(d)
Newly annexed territory.
All territory hereafter annexed into the city shall conform to the regulations as specified in article I, Boundaries and Annexation, of the home rule charter of the city, until permanently zoned by the city council. The planning and zoning commission may, after annexation of any territory into the city, institute proceedings on its own motion to give newly annexed territory a permanent zoning, and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning regulations.
(Ordinance 1169, sec. 14.201, adopted 11/12/19)
(a)
Creation.
A planning and zoning commission (“commission”)
shall be established and have all the powers and authority in accordance
with the charter of the city and applicable provisions of state law.
(b)
Statutory authority.
The commission shall have all powers
granted by and be organized and controlled by the provisions of chapter
211, Local Government Code, the city charter, and all applicable city
ordinances. The commission is hereby vested with power and authority,
and in appropriate cases subject to appropriate conditions and safeguards,
to recommend or approve zoning of real property in compliance with
the terms of this chapter and in conformance with the adopted comprehensive
plan.
(c)
Purpose.
A planning and zoning commission is hereby
created in order to accomplish the following purposes:
(1)
To identify community needs and to advise the city council of the
short-range effect of these needs on the total development of the
city;
(2)
To recommend achievable community goals for long-range planning and
development of the city;
(3)
To recommend achievable plans, programs and policies that will aid
the entire community in achieving defined goals; and
(4)
To help the public understand the plans, programs and policies adopted
by the city council so that concerned citizens can conduct private
activities in harmony with these plans, programs and policies.
(d)
Membership and terms of office.
The planning and zoning
commission shall be composed of five (5) members and two (2) alternate
members who shall be residents and qualified voters of the city and
shall serve without compensation.
(e)
Organization.
Commission members shall be appointed
in accordance with the following:
(1)
All commissioners will be appointed by a majority vote of the city
council.
(A)
It is the intent of the city council that members shall, by reason
of diversity of their individual occupation, constitute a commission
which is broadly representative of the community.
(B)
Members may be removed by a majority vote of the members of the city
council.
(C)
Commission members may be appointed to succeed themselves.
(2)
A member of the commission shall not serve simultaneously as a member
of the board of adjustment.
(3)
The members shall serve for a period of two (2) years or until their
successors are duly appointed and qualified.
(4)
The regular members of the commission shall be identified by place
numbers 1 through 5.
(5)
Vacancies shall be filled for the unexpired terms, as follows:
(A)
Newly appointed members shall serve at the first regular commission
meeting after their appointment.
(B)
Any member of the commission who misses three (3) consecutive meetings
without commission chair approval shall be deemed to have vacated
his commission membership.
(i)
The city council, upon receiving certification of three (3)
consecutive absences from the commission chair, shall fill the vacancy
for the expired term.
(ii)
Six (6) disapproved absences in any 12-month period shall be
deemed as grounds for removal from said commission by the city council.
(iii)
The commission shall enter into its minutes a statement either
approving or disapproving a given member’s absence.
(6)
The commission [shall] elect a chairperson and vice-chairperson from
among its members.
(7)
The commission shall meet regularly and shall designate the time
and place of its meetings.
(8)
The members of the commission shall serve without compensation, except
for reimbursement of authorized expenses attendant to the performance
of their duties.
(9)
The commission shall keep a record of its proceedings consistent
with the provisions of this chapter and the requirements of law.
(f)
Authority of the commission.
General duties: The planning
and zoning commission is hereby charged with the duty and invested
with the authority to:
(1)
Inspect property and premises at reasonable hours where required
in the discharge of its responsibilities under the laws of the State
of Texas and the city.
(2)
Formulate and recommend to the city council for its adoption a comprehensive
plan for the orderly growth and development of the city and environs,
and from time to time recommend such changes in the plan as it finds
will facilitate the movement of people and goods, and the health,
recreation, safety, and general welfare of the citizens of the city.
(3)
Formulate a zoning plan as may be deemed best to carry out the goals
of the city plan and hold public hearings and make recommendations
to the city council relating to the creation, implementation and amendment
of zoning regulations and districts as provided in chapter 211 of
the Texas Local Government Code and the city charter.
(4)
Exercise all the powers of a commission as to approval or disapproval
of plans, plats or replats and the vacation of plans, plats and replats
as set out in chapter 212 of the Texas Local Government Code and the
city charter.
(5)
Study and recommend the location, extension and planning of public
rights-of-way, parks or other public places, and the vacating or closing
of same.
(6)
Study and recommend the general design and location of public buildings,
bridges, viaducts, street fixtures and other structures and appurtenances.
(7)
Study and recommend the design, alteration, location or relocation
of works of art which are, or may become, property of the city.
(8)
Initiate, in the name of the city, for consideration at public hearings,
all proposals:
(A)
For the opening, vacating or closing of public rights-of-way, parks
or other public places;
(B)
For the original zoning of annexed areas; and
(C)
For the change of zoning district boundaries on an area-wide basis.
No fee shall be required for the filing of any such proposal in the
name of the city.
(9)
Formulate and recommend to the city council for its adoption policies
and regulations consistent with the adopted city plan governing the
location and/or operation of utilities, public facilities and services
owned or under the control of the city.
(10)
At the direction of the city council, study, hold public hearings
and submit reports on any topics pertaining to planning, zoning and
development that the council deems appropriate.
(11)
Conduct an ongoing assessment program pertaining to the planning,
zoning and development regulations of the city, recommending to the
city council all necessary changes and updates to said ordinance.
(g)
Conditional use permit.
(1)
Purpose.
The purpose of the conditional use procedure
is to allow for review of uses which would not be appropriate generally
or without certain restriction throughout a zoning district, but which,
if controlled as to the number, area, location or relation to the
neighborhood would promote the health, safety, and welfare of the
community. The procedure is intended to allow broad public review
and evaluation of the proposed development and to ensure adequate
mitigation of potentially unfavorable impacts.
(2)
Review and evaluation criteria.
The conditional use
application shall be reviewed and evaluated using the following criteria:
(A)
Conformance with applicable regulations and standards established
by this zoning ordinance.
(B)
Compatibility with existing or permitted uses on abutting, adjacent,
or adjoining sites in terms of building height, bulk, scale, setbacks,
open spaces, landscaping and site development, and access and circulation
features.
(C)
Potentially unfavorable effects or impacts on other existing or permitted
uses on abutting sites, to the extent such impacts exceed those which
reasonably may result from use of the site by a permitted use.
(D)
Location, lighting, and type of signs and relation of signs to traffic
control; external illumination; and adverse effect on adjacent properties.
(E)
Safety and convenience of vehicular and pedestrian circulation in
the vicinity, including traffic reasonably expected to be generated
by the proposed use and other uses anticipated in the area considering
existing zoning and land uses.
(3)
Modifications.
(A)
Minor modifications of a conditional use permit may be made if the
city manager and/or designee determines that such modifications will
not change the intent and effect of the approval by the city council.
(B)
The city manager and/or designee may require consideration by the
planning and zoning commission for modifications that change the intent
and effect of the approval.
(h)
General procedures.
(1)
Application and fee.
An application for consideration
of a zoning change, a conditional use permit and/or amendment to the
future land use plan by the planning and zoning commission for recommendation
to the city council, shall be in writing using forms provided by the
city and shall be accompanied by a fee.
(2)
Notice of public hearing.
(A)
Publication.
Notice of a public hearing shall
be published not less than 15 days prior to the public hearing in
the official local newspaper.
(B)
Notice.
Notice of a public hearing shall be mailed
not less than ten (10) days prior to the public hearing to the petitioner
and the owners of the property lying within 200 feet of any point
of the lot or portion thereof, on an appeal, variance, exception or
other action is proposed. Such owners and persons shall be determined
according to the current tax rolls of the city and substantial compliance
therewith shall be deemed sufficient, provided, however, that the
depositing of such written notice in the mail shall be deemed sufficient
compliance with the purpose of this matter.
(3)
Meetings.
(A)
A quorum for the conduct of business shall consist of three (3) members
of the commission.
(B)
The commission may adopt rules to govern its proceedings, providing,
however, that such rules are not inconsistent with the terms of this
chapter.
(C)
All meetings of the commission shall be open to the public.
(D)
Meetings of the commission shall be held at the call of the chairman.
(E)
The commission shall keep minutes of its proceedings, showing the
vote upon each question, or, if absent or failing to vote, indicate
such fact and shall keep records of its examinations and other official
actions, all of which shall be filed in the offices of the city secretary
and kept as public record.
(F)
Any party may appear in person or by attorney or agent.
(Ordinance 1169, sec. 14.202, adopted 11/12/19)
(a)
Creation.
A board of adjustment (“board”
or “BOA”) shall be established and have all the powers
and authority in accordance with the charter of the city and section
211.008, Local Government Code, as amended.
(b)
Statutory authority.
The board of adjustment shall have
all powers granted by and be organized and controlled by the provisions
of section 211.009, Local Government Code. The board of adjustment
is hereby vested with power and authority, and in appropriate cases
and subject to appropriate conditions and safeguards, to make such
exemptions and exceptions to the terms of this chapter in harmony
with its general purposes and intent in accordance with general or
special rules herein contained for the purpose of rendering full justice
and equity to the general public.
(c)
Members and terms of office.
The board of adjustment
shall be composed of five (5) members and two (2) alternate members
who shall be residents and qualified voters of the city and shall
serve without compensation.
(d)
Organization.
Board members shall be appointed and organized
in accordance with the following:
(1)
All members will be appointed by a majority vote of the city council.
Members may be removed by a majority vote of the members of the city
council, for cause on a written charge after a public hearing. Board
members may be appointed to succeed themselves.
(2)
A member of the board shall not serve simultaneously as a member
of the planning and zoning commission.
(3)
The members shall serve for a period of two (2) years and until their
successors are duly appointed and qualified.
(4)
The regular members of the board shall be identified by place numbers
1 through 5.
(5)
The board shall elect a chairperson and vice-chairperson from its
members.
(e)
Authority of the board.
The board of adjustment shall
have the authority, subject to the standards established in section
211.009 of the Texas Local Government Code, as amended, and those
established herein, to exercise the following powers and perform the
following duties:
(1)
Variance.
(A)
The board of adjustment may authorize a variance from the regulations
herein when, in its opinion, undue hardship will result from requiring
strict compliance.
(B)
Variances may be granted only when in harmony with the general purpose
and intent of this chapter so that the public health, safety and welfare
may be secured and substantial justice done.
(C)
Pecuniary hardship to the applicant, standing alone, shall not be
deemed to constitute undue hardship.
(D)
In granting a variance, the board shall prescribe only conditions
that it deems necessary or desirable to protect the public interest
and shall take into account the following:
(E)
Findings.
No variance shall be granted unless
the board finds:
(i)
That there were special circumstances or conditions affecting
the land involved such that the strict application of the provisions
of this chapter deprive the applicant of reasonable use of his land;
and
(ii)
That the variance is necessary for the preservation and enjoyment
of a substantial property right of the applicant; and
(iii)
That the granting of the variance will not be detrimental to
the public health, safety or welfare, or injurious to other property
in the area; and
(iv)
That the granting of a variance will not have the effect of
preventing the orderly development of other land in the area in accordance
with the provisions of this chapter.
(F)
Official minutes.
Such findings of the board,
together with the specific facts upon which it is based, shall be
incorporated into the official minutes of the board of adjustment
meeting at which such variance is granted.
(2)
Waiver of mandatory yard and setback requirements.
(A)
The board of adjustment may approve a waiver of up to 15 percent
of any required yard area or setback without following the notice
and hearing requirements specified herein.
(B)
The board of adjustment may in its discretion delegate to the zoning
administrator its authority under this provision for all or a portion
of the 15 percent area or setback waiver when such a waiver is necessary
due to a surveying or construction error in the placement of the original
foundation or site improvement.
(C)
The zoning administrator shall not be authorized to approve a waiver
under this section until the board of adjustment shall have issued
a written decision outlining the terms and conditions under which
these waivers may be granted.
(3)
Appeals of decisions of administrative officers.
(A)
The board may hear and decide appeals where it is alleged that there
is an error in any order, requirement, decision, or determination
made by an administrative officer in the enforcement of the development
regulations herein.
(C)
In exercising its power, the board shall have all the powers of the
officer from whom the appeal is taken and may require such conditions
and safeguards as the board finds necessary to preserve the spirit
and intent of the regulations herein.
(4)
Nonconformity.
(A)
The board of adjustment may permit the reconstruction, extension
or enlargement of a building occupied by a pre-existing nonconforming
use on the lot occupied by such building provided such reconstruction
does not prevent the return of such property to a conforming use.
(B)
The board of adjustment may require the discontinuance of nonconforming
uses under any plan whereby the full value of the structure or use
can be amortized within a definite period of time, taking into consideration
the general character of the neighborhood and the necessity for all
property to conform to the regulations of this chapter.
(f)
Limitations on authority of the board.
(1)
The board may not grant a variance authorizing a use other than those
permitted in the district for which the variance is sought.
(2)
Although action may be effected by the board, a variance for any
parcel of property or portion thereof upon which a site plan, preliminary
plat, final plat, or zoning amendment, where required, has not been
finally acted upon by both the planning and zoning commission and,
where required, by the city council, will not be deemed to be granted
until said final action has been completed. All administrative remedies
available to the applicant shall have been exhausted prior to a hearing
by the board of adjustment. The board shall have no power to grant
a zoning amendment.
(3)
The listed conditions required to exist on any matter on which the
board of adjustment is authorized to consider under this chapter shall
be construed as limitations on the powers of the board to act. Nothing
herein shall be construed to empower the board of adjustment to effect
changes in the zoning districts established by this chapter or the
uses permitted therein.
(g)
General procedures.
(1)
Variance.
(A)
Application and fee.
An application for granting
a variance, other than an appeal, shall be in writing using forms
provided by the city and shall be accompanied by a fee. The application
for shall be the same as for a zoning variance.
(B)
Public hearing.
The board of adjustment shall
hold a public hearing no later than 45 days after the date the completed
application for action is filed.
(C)
Notice of public hearing.
(i)
Publication of the notice of a public hearing shall be published
not less than ten (10) days prior to the public hearing in the official
newspaper of general circulation.
(ii)
Notice of a public hearing shall be mailed not less than ten
(10) days prior to the public hearing to the petitioner and the owners
of the property lying within 200 feet of any point of the lot or portion
thereof, on [which] an appeal, variance, exception or other action
is proposed, and to all persons deemed by the board of adjustment
to be affected. Such owners and persons shall be determined according
to the current tax rolls of the city and substantial compliance therewith
shall be deemed sufficient, provided, however, that the depositing
of such written notice in the mail by the board of adjustment shall
be deemed sufficient compliance with the purpose of this matter.
(D)
Termination of approval.
Any variance shall terminate
automatically when the specified period of the variance has expired,
or the use has been abandoned.
(2)
Appeals.
(A)
Application and fee.
(i)
An appeal may be taken from the decision of an administrative
officer by a person who filed the application that is the subject
of the decision, a person who is the owner or representative of the
owner of the property that is the subject of the decision, a person
who is aggrieved by the decision and is the owner of real property
within 200 feet of the property that is the subject of the decision,
or by any officer, department, board or bureau of the municipality
affected by the decision.
(ii)
The appeal must be in writing and shall be submitted within
20 days after the decision has been rendered by the administrative
officer, by filing with the officer from whom the appeal is taken
and with the board of adjustment, a notice of appeal specifying the
grounds thereof. The officer from whom the appeal is taken shall forthwith
transmit to the board of adjustment all the papers constituting the
record upon which the action appealed from was taken.
(B)
Notice and public hearing.
The board shall set
a reasonable time for the appeal hearing and shall give public notice
of the hearing and due notice to the parties in interest. The board
shall decide the appeal at the next meeting for which notice can be
provided following the hearing and not later than the 60th day after
the date the appeal is filed.
(C)
Stay of action.
An appeal shall stay all proceedings
of the action appealed from unless the officer from whom the appeal
is taken certifies to the board of adjustment, after the notice of
appeal shall have been filed with him, that by reason of facts stated
in the certificate a stay would, in his opinion, cause imminent peril
to life or property. In such case proceedings shall not be stayed,
otherwise, than by restraining order which may be granted by the board
of adjustment or by a court of record on application, after notice
to the officer from whom the appeal is taken on due case shown.
(D)
Limitation.
The same appeal to the board of adjustment
shall not be allowed on the same piece of property prior to the expiration
of one (1) year from a ruling of the board of adjustment on any appeal
to such body unless other property in the same zoned areas shall have,
within such one (1) year period, been altered or changed by ruling
of the board of adjustment, in which case such change of circumstance
shall permit the allowance of an appeal but shall in no way have force
in law to compel the board of adjustment after a hearing to grant
such subsequent appeal, but such appeal shall be considered on its
merits as in all other cases.
(3)
Nonconforming uses.
After a public hearing, the board
of adjustment may require the discontinuance of nonconforming uses
under any plan whereby the full value of the structure or use can
be amortized within a definite period of time, taking into consideration
the general character of the neighborhood and the necessity for all
property to conform to the regulations of this chapter.
(4)
Hearing.
(A)
The board of adjustment may adopt rules to govern its proceedings
with the approval of the city council, providing, however, that such
rules are not inconsistent with the terms of this chapter.
(B)
All meetings of the board of adjustment shall be open to the public.
(C)
Meetings of the board of adjustment shall be held at the call of
the chairman, who may compel the attendance of witnesses.
(D)
The board of adjustment shall keep minutes of its proceedings, showing
the vote of each member upon each question, or, if absent or failing
to vote, indicate such fact and shall keep records of its examinations
and other official actions, all of which shall be filed in the offices
of the board of adjustment and kept as public record.
(E)
Any party may appear in person or by attorney or agent.
(5)
Concurring vote.
The concurring vote of four (4) members
of the board is necessary to:
(6)
Judicial review.
Any person or persons, jointly or separately,
aggrieved by any decision of the board of adjustment or any taxpayer
or any officer, department or board of the city may present to a court
of record, a petition, duly verified, setting forth that such decision
is illegal, in whole or in part, specifying the grounds of such illegality.
Such petition shall be presented to the district court, county court,
or county court at law within ten (10) days of the questioned decision
of the board of adjustment, and not thereafter, and shall comply in
all respects with the requirements set forth in section 211.011 of
the Local Government Code, as amended.
(Ordinance 1169, sec. 14.203, adopted 11/12/19)
(a)
Generally.
No building hereafter erected, converted
or structurally altered shall be used or occupied and no land or nonresidential
building may be changed in use of a different classification unless
or until a certificate of occupancy shall have been issued by the
building official of the city stating that the building or proposed
use of land or building complies with the provisions of this chapter
and other building and health laws of the town.
(b)
Certificate of occupancy.
Certificates of occupancy
shall be applied for coincident with the application for building
permit and shall be issued within ten (10) days after the erection
or structural alteration of such building shall have been completed
in conformity with the provisions of this chapter and any other ordinance
of the city and approval of all required inspections. Approval of
the final building inspection by the building development services
department shall serve as a certificate of occupancy for all one-family
and two-family residential dwelling units.
(c)
Certificate of occupancy for a legal nonconforming use.
(1)
Certificates of occupancy shall be required for all legal nonconforming
uses. Application for certificate of occupancy for such nonconforming
uses shall be filed within 12 months from the effective date of this
chapter, accompanied by affidavits of proof that such nonconforming
uses were not established in violation of this chapter, or any previous
zoning ordinance. Failure to make such application within 12 months
after the nonconformity arises shall be presumptive evidence that
the nonconformity is illegal and in violation of this chapter.
(2)
A certificate of occupancy shall state that the building or proposed
use of a building or land, complies with all building and health laws
and ordinances and with the provisions of this chapter. A record of
all certificates shall be kept on file in the building development
services department, and copies shall be furnished, on request, to
any person having a proprietary or tenancy interest in the building
affected. (No fee shall be charged for a certificate of occupancy
for a legal nonconforming use.)
(d)
Procedure for new or altered buildings.
(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.
(2)
Said certificate shall be issued after the city manager and/or designee
orders the building or structure inspected and finds no violations
of the provisions of this chapter or other regulations.
(3)
Said certificate shall be issued by the city manager and/or designee
after the erection or alteration of such building or part thereof
has been completed in conformity with the provisions of this chapter.
(e)
Procedure for vacant land or a change in building use.
(1)
Written application for a certificate of occupancy for the use of
vacant land, a change in the use of land or a change in the use of
a building, or for a change from a nonconforming use to a conforming
use, shall be made to said city manager or designee.
(2)
If the proposed use is a conforming use, as herein provided, written
application shall be made to said city manager or designee.
(3)
If the proposed use is found to be in conformity with the provisions
of this chapter, the certificate of occupancy shall be issued after
the application for same has been made and all required inspections
are completed and approved by the city manager or designee.
(f)
Application required.
Every certificate of occupancy
shall contain the following:
(1)
Building permit number;
(2)
The address of the building;
(3)
The name and address of the owner;
(4)
A description of that portion of the building for which the certificate
is issued;
(5)
A statement that the described portion of the building has been inspected
for compliance with the requirements of the International Building
Code, group and division of occupancy; and
(6)
The name of the city manager or designee.
(g)
Posting.
The certificate of occupancy shall be posted
in a conspicuous place on the premises and shall not be removed except
by the city manager or designee or his authorized agent.
(h)
Revocation.
The city manager and/or designee may, in
writing, suspend or revoke a certificate of occupancy issued under
the provisions of this chapter whenever the certificate is issued
in error, or on the basis of incorrect information supplied, or when
it is determined that the building or structure or portion thereof
is in violation of any ordinance or regulation or any of the provisions
of this chapter or the most current adopted ordinances.
(i)
Additional types of certificate of occupancies and compliance.
(1)
Certificate of occupancy–Temporary.
If the city
manager or designee finds that no substantial hazard will result from
occupancy of any building or portion thereof before the same is completed,
a temporary certificate of occupancy may be issued for a period not
to exceed six (6) months, for the use of a portion or portions of
a building or structure prior to the completion of the entire building
or structure. Such temporary certificate shall not be construed as
in any way altering the respective rights, duties, or other obligations
of the owners/tenants relating to the use or occupancy of the premises
or any other provision of this chapter.
(2)
Certificate of occupancy–Nonconforming.
For land,
structures, or uses which become nonconforming by action taken by
the city council after the adoption of this chapter, the owner or
occupant of the nonconformity shall register the nonconformity with
the city manager and/or designee within three (3) months after the
time it becomes nonconforming. Registration shall be confirmed by
the issuance of a “Certificate of Occupancy–Nonconforming,”
which shall state specifically how the nonconformity was created and
how it does not comply with the provisions of this chapter or other
applicable ordinances. Failure to make such application within three
months after the nonconformity arises shall be presumptive evidence
that the nonconformity is illegal and in violation of this chapter.
(3)
Certificate of occupancy–Re-occupancy.
(A)
A certificate of occupancy–re-occupancy is required when a there is change in party or parties occupying a building or a lease space, a change of use or intensification of use is not occurring, and a certificate of occupancy is not required under section 14.02.004(a). A re-occupancy of the land or building shall not take place until a “Certificate of Occupancy–Re-occupancy” has been issued by the city manager or designee with the approval of the Tarrant County health official, as applicable. Certificates of occupancy–re-occupancy shall be required for any of the following:
(B)
The building official shall determine if a certificate of occupancy–re-occupancy
is required based on the proposed change. If a change occurred to
warrant a certificate of occupancy–re-occupancy, the existing
certificate of occupancy shall be deemed revoked until such time as
necessary improvements or inspections have been made and a certificate
of occupancy–re-occupancy has been issued.
(Ordinance 1169, sec. 14.204, adopted 11/12/19; Ordinance adopting 2021 Code)
