In an area classified as AG – Agricultural District:
(A)
Building permit or certificate of occupancy required.
No person shall erect, construct, proceed or continue with the erection or construction of any building or structure or cause the same to be done in any newly annexed territory to the City without first applying for and obtaining a Building Permit or Certificate of Occupancy from the Chief Building Official.
(B)
Limited permits within newly annexed land.
No permit for the construction of a building or use of land shall be issued by the Chief Building Official other than a permit which will allow the construction of a building or use permitted in the AG – Agricultural District, unless and until such territory has been classified in a zoning district other than the AG – Agricultural District, by the City Council in the manner prescribed by law except as provided in 6.01.01(C) below.
(C)
Application for a building permit or certificate of occupancy within newly annexed land.
(1)
Except as provided in 6.01.01(C)(2) below, a building permit shall be approved if the applicant shows the following.
a.
The use was already legally operating on the date the annexation proceedings were initiated for the property; or
b.
The use was not already operating on the effective date of annexation, but was planned for the property before the 90th day before the effective date of annexation, and:
1.
One or more licenses, certificates, permits, approvals, or other form of authorization by a governmental entity were required by law for the planned land use; and
2.
A completed application for the initial authorization was filed with the governmental entity before the date the annexation proceedings were instituted. For the purpose of this section, a completed application is filed if the application includes all documents and other information designated as required by the governmental entity in a written notice to the applicant. For the purposes of this section, the date the annexation proceedings were instituted means the date the City Council approves the ordinance annexing the property.
(2)
Notwithstanding anything to the contrary, a building permit shall not be issued if the use in the annexed area falls under one of the categories set forth in Section 43.002(c) of the Texas Local Government Code and such use is prohibited by City ordinance or by the City Charter.
(3)
If a use described in 6.01.01(C)(1) above does not comply with the zoning for the property, such uses shall be allowed to continue as a nonconforming use. Nothing shall prevent the City from amortizing a nonconforming use even if it existed or was planned for the property prior to the institution of annexation proceedings. The Board of Adjustment amortizes a nonconforming use only if they first determine the nonconforming use is a nuisance and/or that the nonconforming use presents a risk of imminent destruction of property or injury to persons. Pursuant to Section 43.002(c) of the Texas Local Government Code, such regulations are expressly enforceable against a use even if it existed or was planned prior to the institution of annexation proceedings.
(4)
The property owner has a right to appeal the Planning & Zoning Commission's decision to City Council, if an appeal is submitted to the Director of Development Services in writing within ten (10) calendar days after the Planning & Zoning Commission voted and made their determination in open session. After receiving and reviewing the appeal application of the Planning & Zoning Commission decision, the City Council may, by majority vote, authorize the issuance of a Building Permit or Certificate of Occupancy or may disapprove the application pending permanent zoning.
(Ordinance 2021-07-47 adopted 7/6/21)