(a) 
Nonconforming lots.
A nonconforming lot is a lot of record that does not meet the minimum area or dimensional requirements of either this chapter or the zoning district in which the lot is located. Such nonconforming lots lawfully existing prior to June 3, 2024, shall be considered a legal nonconforming lot. A legal nonconforming lot may continue to exist indefinitely as is and can be developed as if it were a conforming lot, but only if the proposed land use is permitted in the assigned zoning district and all development standards are met. The owner of a nonconforming lot may eliminate the nonconformity through subdivision of land, rezoning to a different zoning district or seeking a variance. No new division of any lot or parcel shall be made that expands the existing nonconformity or creates a new nonconforming situation.
(b) 
Governmental acquisition of right-of-way.
A lawful structure, lot or site made nonconforming regarding any requirement of this chapter due to the acquisition of right-of-way by eminent domain, dedication, or purchase, by a city, county, state, or federal agency shall be deemed legal nonconforming. Such exemption shall apply only to noncompliance that is a direct result of the acquisition of right-of-way.
(Ordinance 6727 adopted 5/20/2024)
(a) 
The city may institute appropriate legal action 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, or within any area subject to all or a part of the provisions of this chapter.
(1) 
A violation of any of the provisions of this chapter or failure to comply with any of its requirements shall constitute a class C misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $2,000.00 and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
(2) 
A violation of any of the provisions of this chapter by the owner, tenant, occupant or manager of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a class C misdemeanor with a fine of not more than $2,000.00 per day and each day the violation occurs is a separate offense.
(3) 
Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation including temporary restraining orders and temporary and permanent injunctions.
(4) 
An owner, occupant, tenant, manager or other person who violates any provision of this chapter or who participates in, assists in or maintains a violation of this chapter is subject to a civil penalty of up to $1,000.00 per day for each violation and each day the violation occurs shall be a separate offense.
(Ordinance 6727 adopted 5/20/2024)
(a) 
Prior approvals.
Conditions and variances approved prior to the adoption of this chapter are still in effect unless the conditions of the approvals are not met or the use changes.
(b) 
Prior violations cited.
Violations cited prior to the adoption of this chapter are still in effect and compliance is enforceable.
(c) 
Existing permits under construction.
Nothing herein contained shall require any change in the plans, construction, or designated use of a building under construction at the time of the adoption of this chapter.
(d) 
Existing permits not under construction.
Nothing herein contained shall require any change in plans, construction, or designated use of a building for which a building permit has been issued within 30 days prior to June 3, 2024, provided construction is started on said building within 120 days after adoption of this chapter.
(Ordinance 6727 adopted 5/20/2024)
The failure of the city to enforce any term or condition of this chapter shall not constitute a waiver or estoppel or any subsequent violation of this chapter.
(Ordinance 6727 adopted 5/20/2024)
No person who owes delinquent taxes, delinquent paving assessments, delinquent fees, or any other delinquent debts or obligations to the city, and which are directly attributable to a piece of property, shall be allowed to receive approval for any plat or replat until the taxes, assessments, debts or obligations directly attributable to said property and owed by the property owner or a previous owner thereof shall have been first fully discharged by payment, or until an arrangement satisfactory to the city manager has been made for the payment of such debts or obligations. It shall be the applicant's responsibility to provide evidence or proof that all taxes, assessments, debts or obligations have been paid at the time of submission for any application for approval under these subdivision regulations. A tax certificate shall also be provided as required by section 12.002 of the Texas Property Code.
The city may deny a hearing and any application pursuant to this chapter if the applicant does not submit all information and fees required by this chapter.
(Ordinance 6727 adopted 5/20/2024)
It shall be a violation of this chapter for any person to knowingly or willfully misrepresent, or fail to include, any information required by this chapter in any plat application or during any public hearing or meeting of the planning and zoning commission or city council. Such a violation shall constitute grounds for denial of the plat.
(Ordinance 6727 adopted 5/20/2024)
Where the desirable development of a residential neighborhood, business park, commercial center, or other planned development is dependent upon coordination of diverse land ownership (i.e., separate tracts of land owned by more than one person), the development services director may require that an overall area or neighborhood study be prepared prior to and as an additional requirement and condition of the submission of any plat application so that individual subdivisions may be developed in harmony with one another and their environs in accordance with the comprehensive plan.
(Ordinance 6727 adopted 5/20/2024)