The official Zoning Map shall be kept in the office of the City
Secretary and one (1) copy shall be maintained in the office of the
Building Inspector.
It shall be the duty of the City Secretary to keep the Official
Map current and the copies thereof, herein provided for, by entering
on such maps any changes which the City Council may from time to time
order by amendments to the Zoning Ordinance and Map.
The City Secretary, upon the adoption of this Ordinance shall
affix a certificate identifying the map in his office as the Official
Zoning Map of the City. He shall likewise officially identify the
copies directed to be kept by the Planning Commission and in the office
of the Building Inspector. All amendments of the Map shall be made
immediately after their enactment and the date of the change shall
be noted on the Certificate.
(Ordinance 2014-10-07A adopted 10/7/14)
20.01
ADMINISTRATIVE
OFFICIAL.
The provisions of this Ordinance shall be administered and enforced
by the Building Inspector[.]
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.
20.02
REQUIREMENTS
FOR BUILDING PERMIT.
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 Section 9 and 16 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 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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20.03
APPROVAL
OF PLANNED DEVELOPMENT PLANS.
1.
Where,
in the district regulations, approval is required of a Planned Development
Plan, hereinafter referred to and known as the “Plan”
no building permit for the construction or alteration of any structure
or an occupancy permit for use of any land or building shall be issued
until the final development “Plan” of all the property
in the immediate area, owned or controlled by the developer and upon
which the proposed uses or structures are to be located, shall have
been approved by the Planning Commission and City Council.
2.
A “Plan”
shall consist of a copy of the preliminary plat and/or a general plan
at a scale not less than 200 feet to the inch, which shows the exact
dimensions of the tract of land under consideration, its relationship
to existing and proposed major streets, the type of use of all adjacent
property, and the exact land use proposed for the entire tract. Scaled
dimensions shall be required. Three (3) copies of the “Plan”
shall be submitted to the City Planning Commission. If the platting
requirements of the City Planning Commission or other unforeseen circumstances
necessitate a modification or change on any “Plan,” such
modification or change shall be indicated on a “Plan”
and sent to the applicant. Approval of the “Plan” shall
be indicated by the signature of the Chairman and Secretary of the
Planning Commission and City Council. A written certification of such
approval shall be sent to the applicant.
3.
Approved
preliminary “Plans” may be amended by the same procedure
by which they were first approved.
4.
The content
of the final “Plan” and the approval procedure shall be
the same as specified for the preliminary “Plan” in Subsection
20.03(2).
5.
Upon
approval of a final “Plan” by the City Council the location
and limits of area shall be shown by symbol upon the City’s
up-to-date Zoning District Map.
6.
Approved
final “Plans” may be amended by the same procedure by
which they were first approved.
20.05
PRESERVING
RIGHTS IN PENDING LITIGATION AND VIOLATIONS UNDER EXISTING ORDINANCES.
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 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 of [or] forfeitures
may be instituted or causes presently pending be proceeded with in
all respects as if such prior Ordinance had not been repealed.
20.06
COMPLETION
OF AUTHORIZED BUILDINGS.
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.
20.07
NEWLY
ANNEXED AREAS.
1.
Zoning
Annexed Areas:
Hereafter, when the boundaries of the
City of Overton have been extended so as to include any given area,
such area shall be temporarily placed in an “AO” zone
or district; and, until the Planning and Zoning Commission has made
its recommendation to the City Council that all or a part of such
area be placed in a different district or zone and this ordinance
has been properly amended by the City Council, such areas shall be
subject to the regulation pertaining to the “AO” District.
The procedure to be followed for adoption shall be the same as is
provided by law for the adaptation of original zoning regulations.
2.
Permits
in Temporary Zoned Areas:
In an area temporarily classified
as District “AO”, Agricultural-Open Space, no permit for
the construction of a building or use of land other than types of
buildings or land use allowed in said district under this Zoning Ordinance
shall be issued by the Building Inspector until such permit has been
specifically authorized by the City Council after receipt of recommendation
from the Planning Commission. Permits for the construction of buildings
in a newly annexed territory prior to permanent zoning may be authorized
under the following conditions. An application for any use shall be
made to the Building Inspector, said application to show the use contemplated,
and a plat showing the size and type of buildings to be constructed;
and if such application is for other than a building allowed in District
“AO”, Agricultural-Open Space, it shall be referred to
the Planning Commission for recommendation to the City Council, which
shall grant or deny the permit; provided that a favorable vote of
a three-fourths (3/4) majority of all members of the City Council
shall be required if the recommendation of the Planning Commission
is not followed.
3.
Unplatted
Property:
The Planning Commission shall not approve any
plat or any subdivision within the city limits until the area covered
by the proposed plat shall have been permanently zoned by the City
Council.
(Ordinance 2014-10-07A adopted 10/7/14)
The word “Board” when used in this Ordinance shall
be construed to mean the Board of Adjustment.
21.01
ORGANIZATION
AND PROCEDURE.
1.
Establishment:
A Board of Adjustment is hereby established in accordance with
the provisions of Article 1011g, Revised Civil Statutes of Texas,
regarding the Zoning of cities and with the powers and duties as provided
in said Statutes.
2.
Membership:
The Board shall consist of five citizens, each to be appointed
or re-appointed by the Mayor and confirmed by the City Council, for
staggered terms of two years respectively. At least one member of
the Board shall be a member of the City Planning Commission and his
term shall expire at the same time as his term on such Commission.
Each member of the Board shall be removable for just cause by 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, provided, however, that the governing
body of any city may, by charter provision or ordinance, provide for
the appointment of four (4) alternate members of the Board of Adjustment
who shall serve in the absence of one or more regular members when
requested to do so by the Mayor or City Manager, as the case may be.
All cases to be heard by the Board of Adjustment will always be heard
by a minimum of four (4) members. These alternate members, when appointed,
shall serve for the same period as the regular members and any vacancies
shall be filled in the same manner and shall be subject to removal
as the regular members. The Board shall elect its own chairman, who
shall serve for a period of one (1) year or until his successor is
elected.
3.
Meetings:
Meetings of the Board shall be held at the call of the chairman
and at such times as the Board may determine.
4.
Hearings:
The hearings of the Board of Adjustment shall be public; however,
the Board may go into executive session for discussion but not for
a vote on any case before it. The Board shall hear the intervention
of any owner of property adjacent to, in the rear of, or across the
street from a lot as to which the granting of any building permit
is pending, and shall also hear any other parties in interest. All
hearings are to be heard by at least four (4) members of the Board.
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 Board and shall be
a public record. The Board of Adjustment shall act by resolution in
which four (4) 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 the Ordinance, 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.
21.02
APPEALS.
1.
Procedure:
Appeals may be taken to and before the Board of Adjustment by
any person aggrieved, or by any officer, department, board or bureau
of the City. Such appeal shall be made by filing with the office of
the Board 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 in
the certificate, a stay would, in his opinion, cause imminent peril
to life or property, in which case proceedings shall not be stayed
otherwise than by a restraining order which may be granted by the
Board of Adjustment or by a court of equity, after notice to the office
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 two hundred (200) feet [or] less street
frontage 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 City and depositing of such written notice
in the mail shall be deemed sufficient compliance therewith.
4.
Decision
by 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
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.
21.03
POWERS
AND DUTIES OF BOARD.
1.
Subpoena
Witnesses, Etc.:
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.
Appeals
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 Ordinance.
3.
Special
Exceptions:
The Board shall have the power to hear and
decide special exceptions to the terms of this Ordinance upon which
the Board is required to pass as follows or elsewhere in this Ordinance.
(a)
Permit the erection and use of a building or the use of premises
for railroads.
(b)
To permit a public utility or public service 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.
(c)
To grant a permit for the extension of a use, height or area regulation
into an adjoining district, where the boundary line of the district
divides a lot in a single ownership on the effective date of this
Ordinance.
(d)
Permit the reconstruction of a nonconforming building which has been
damaged by explosion, fire, act of God, or the public enemy, to the
extent of more than fifty (50) percent of its fair market value, where
the Board finds some compelling necessity requiring a continuance
of the nonconforming use and the primary purpose of continuing the
nonconforming use is not to continue a monopoly.
(e)
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 unnecessary 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.
(f)
Permit land within three hundred (300) feet of a multi-family dwelling
to be landscaped, surfaced, and lighted for ground level 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.
(g)
To determine whether an industry should be permitted within District
“LI”, Light Industrial, and District “HI”
Heavy Industrial, because of the methods by which it would be operated
and because of its effect upon uses within surrounding zoning districts.
(h)
To determine in cases of uncertainty the classification of any use
not specifically named in this Ordinance.
4.
Variances:
The Board shall have the power to authorize upon appeal in specific
cases such variance from the terms of this Ordinance as will not be
contrary to the public interest, where, owing to special conditions,
a literal enforcement of the provisions of this Ordinance will result
in unnecessary hardship, and so that the spirit of this Ordinance
shall be observed and substantial justice done, including the following:
(a)
Permit a variance in the yard requirements of any district where
there are unusual and practical difficulties or unnecessary hardships
in the carrying out of these provisions due to an irregular shape
of the lot, topographical or other conditions, provided such variance
will not seriously affect any adjoining property or the general welfare.
(b)
Authorize upon appeal, whenever a property owner can show that a
strict application of the terms of this Ordinance 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 Ordinance
as are in harmony with its general purpose and intent, but only when
the Board is satisfied that a granting of 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 comprehensive plan as established by this
Ordinance, and at the same time, the surrounding property will be
properly protected.
5.
Changes:
The Board shall have no authority to change any provisions of
this Ordinance and its jurisdiction is limited to hardship and borderline
cases which may arise from time to time. The Board may not change
the district designation of any land either to a more restrictive
or less restrictive zone.
(Ordinance 2014-10-07A adopted 10/7/14)
22.01
REQUIRED
FOR:
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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22.02
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 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.
22.03
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 of 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.
22.04
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 in
file in the office of the Building Inspector or his agent and copies
shall be furnished on request to any person having proprietory or
tenancy interest in the building or land affected.
22.05
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.
22.06
CERTIFICATES
FOR NONCONFORMING USES.
A Certificate of Occupancy shall be required for all lawful
nonconforming uses of land or buildings created by adoption of this
Ordinance. Application for such Certificate of Occupancy for a nonconforming
use shall be filed with the Building Inspector by the owner or lessee
of the building or land occupied by such nonconforming use within
one (1) year of the effective date of this Ordinance. It shall be
the duty of the Building Inspector to issue a Certificate of Occupancy
for a lawful nonconforming use, but failure to apply for such Certificate
of Occupancy for a nonconforming use, or refusal of the Building Inspector
to issue a Certificate of Occupancy for such nonconforming use shall
be evidence that said nonconforming use was either illegal or did
not lawfully exist at the effective date of this Ordinance.
(Ordinance 2014-10-07A adopted 10/7/14)
23.01
AUTHORITY.
Under the provision[s] of Article 1011e, the City Council may
from time to time amend, supplement or change by Ordinance the boundaries
of the districts or the regulations herein established.
23.02
SUBMISSION
TO PLANNING COMMISSION.
In the event that the Planning Commission has recommended against
a proposed amendment, supplement, change or modification in the boundaries
of any zoning district, and such amendment or change has not been
approved by the City Council as required above, such amendment, supplement
change or modification in the boundaries of such zoning district shall
neither be submitted nor considered for recommendation by the Planning
Commission prior to the expiration of twelve (12) months from the
date of the order or decisions by the Planning Commission recommending
against such zone change, unless conditions pertaining to property
considered in the original application and/or property in the area
have in the opinion of the Planning Commission changed to such an
extent as to justify a subsequent application prior to the expiration
of twelve (12) months from the date of the original order or decision
of the Planning Commission.
23.03
PUBLIC
HEARING.
A public hearing shall be held by the City Council before adopting
any proposed amendment, supplement, or change. Notice of such hearing
shall be given by publication one (1) time in a paper of general circulation
in the City, stating the time and place of such hearing, which time
shall not be earlier than fifteen (15) days from the first date of
publication.
23.04
IN
CASE OF PROTEST.
Unless such proposed amendment, supplement or change has been
approved by the Planning Commission or in case of a written protest
against such changes, signed by the owners of twenty (20) percent
or more either of the area of the lots or land included in such proposed
change, or of the lots or land immediately adjoining the same and
extending 200 feet therefrom, such amendment shall not become effective
except by the favorable vote of three-fourths of all the members of
the City Council.
23.05
LIMITATION
ON RESUBMISSION OF PETITION.
No amendment, supplement, change or repeal of any section of
this Ordinance which has been legally rejected by both the City Council
and the Planning Commission shall be again considered either by the
City Council or the Planning Commission on an appeal or petition by
an appellant or application before the expiration of one (1) year
from the date of the original action.
(Ordinance 2014-10-07A adopted 10/7/14)
The City Council shall establish a schedule of fees, charges,
and expenses, and a collection procedure for building permits, certificates
of zoning compliance, appeals, and other matters pertaining to this
Ordinance. The schedule below shall be posted in the office of the
administrative official, and may be altered or amended only by the
City Council.
No permit, certificate, special exception or variance shall
be issued unless and until all such costs, charges, fees, or expenses
listed below have been paid in full, nor shall any action be taken
on proceedings before the Board of Adjustment unless or until preliminary
charges and fees have been paid in full.
For services rendered, the following schedule of fees and charges
are hereby adopted:
(1)
For
docketing a zoning petition with the Planning and Zoning Commission:
$25.00
(2)
For
docketing an application for relief with the Board of Adjustment of
the City: $25.00
Editor’s note–Current community development/planning fees are listed in the fee schedule in appendix A of the Code of Ordinances.
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No petition shall be docketed with the Planning and Zoning Commission
unless and until a receipt from the Tax Assessor Collector of the
City has been furnished to the Secretary of the said Commission showing
that the fee provided for in this ordinance has been paid; and no
application for relief shall be docketed with the Board of Adjustment
of the City unless and until a receipt from the Tax Assessor Collector
of the City is furnished the Secretary of said Board showing that
the fee provided for has been paid.
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(Ordinance 2014-10-07A adopted 10/7/14)
Any person violating any of the provisions of this Ordinance
shall, upon conviction, be fined any sum not exceeding five hundred
dollars ($500.00); and each day and every day that the provisions
of this Ordinance are violated shall constitute a separate and distinct
offense.
(Ordinance 2015-05-21A, secs. 1,
6, adopted 5/21/15)
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 thereof, other than the part so decided
to be invalid or unconstitutional.
(Ordinance 2014-10-07A adopted 10/7/14)
In interpreting and applying the provisions of this Ordinance,
they 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 Ordinance to interfere
with or abrogate or annul any easement, covenants or other agreements
between parties, provided, however, that where this Ordinance imposes
a greater restriction upon the use of buildings, 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 Ordinance shall govern.
(Ordinance 2014-10-07A adopted 10/7/14)
This Ordinance shall become effective from and after the date
of its approval and adoption as provided by law.
(Ordinance 2014-10-07A adopted 10/7/14)
