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HomeMy WebLinkAbout1979-1153 - Ordinance - 04/19/1979M ORDINANCE NO. 1153 AN ORDINANCE AMENDING THE ZONING ORDINANCE NO. 850, CREATING THE OFFICE OF ZONING OFFICIAL. WHEREAS, the City Council held a public hearing in the City Hall at 3:00 p.m. on Thursday, April 19, 1979, on the question of amending the Zoning Ordinance No. 850. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: The following provisions of the Zoning Ordinance No. 850 are hereby amended to read as follows: Section 1-D. DEFINITIONS: 1-D.63. ZONING OFFICIAL: The designated "Zoning Official" of the City of College Station, or his designated representative. 1-D.64. PERSON: Every natural person, firm, partnership, association, cor- poration, venture, or trust. 1-D.65. Definitions not expressly prescribed herein are to be construed in accordance with customary usage in municipal planning and engineering practice. 7-D.9. REQUIRED PLANT MAINTENANCE: It shall be the duty of each property owner and each person responsible for the management of the property to insure the proper maintenance of healthy, living plant materials associated with parking areas covered by the provisions of this ordinance. If any plant material dies it shall be the responsibility of said person to replace said plant material with other living, healthy plants. Upon written notification by the. Zoning -Official that such.materials are dead, said person shall replace said materials within ninety (90) days of the notification. Section 9. ADMINISTRATION AND ENFORCEMENT 9-A. ADMINISTRATION: The Zoning Official is designated to enforce this ordinance. 9-B. DUTIES AND LIMITATIONS OF THE ZONING OFFICIAL: 9-B.1. The Zoning Official shall have the power to make inspections of buildings and premises to carry out his duties herein. 9-B.2. The Zoning Official shall examine all Building Permit applications and shall certify that the proposed construction, moving, alteration or use of .the land either does or does not comply with the provisions of this ordinance. 030'7JL who Ordinance No. 850 Zoning Ordinance -2- 9-B.2.1. The Zoning Official shall not grant an exception to the actual meaning of any clause, order or regulation contained in this ordinance to any person makinq application for a building permit. 9-B.2.2. The Zoning Official shall not make changes in this ordinance or vary the terms of this ordinance in carrying out his duties as Zoning Official. 9-B.3. The Zoning Official must certify all Certificates of Occupancy prior to issuance by the Building Official. 9-C. DUTIES AND LIMITATIONS OF THE BUILDING OFFICIAL: 9-C.1. The Building Official shall have the power to grant Building Permits and Certificates of Occupancy, and to make inspections of buildings and premises to administer this ordinance and to enforce the Building Code and other City ordinances, subject to the special provisions in Section 6-K. 9-C.2. Every application for a Building Permit for construction, moving, alteration or change in the type of use or type of occupancy shall be accompanied by a written statement and plans, or plots, drawn to scale, showing the following in sufficient detail to enable the Building Official to ascertain whether the proposed work or use is in compliance with the provisions of this ordinance, the Building Code and other City ordinances. +'' 9-C.2.1. The actual shape, location and dimensions of the lot or building plot with sufficient information to locate the plot on the ground. 9-C.2.2. The shape, size, and location of all buildings, or other structures, to be erected, altered or moved and of any other buildings, or other struc- tures,already on the plot. 9-C.2.3. The existing and intended use of the plot and all structures upon it. 9-C.2.4. Such information concerning the plot or adjoining lots or other matters as may be essential for determining whether the provisions of this ordinance and other ordinances are being observed. 9-C.3. The Building Official shall forward each Building Permit applica- tion to the Zoning Official and upon the Zoning Official's certification that the proposed construction, moving, alteration or use of the land as set forth in the application is in conformity with the provisions of this ordinance, the Building Official may issue a Building Permit. 9-C.3.1. Issuance of a Building Permit shall in no case be construed as waiving any provision of this ordinance or any other City ordinance. 9-C.3.2. The Building Official shall issue a building permit when the imposed conditions of this ordinance are complied with by the applicant regardless of the effect of such a permit on contracts, such as deed covenents, deed restriction, or private agreements. 03072 Ordinance No. 850 _ Zoning Ordinance -3 9-C.3.3. If any application for such a building permit is not approved the Building Official shall state in writing the cause for such disapproval. 9-D. BUILDING PERMIT REQUIRED: 9-D.1. It shall be unlawful to begin the excavation for the construction, the moving, alteration or repair, except ordinary repair as defined in the Building Code, until the Building Official has issued for such work a Building Permit, in accordance with the requirements of the Building Code and which includes a certification from the Zoning Official that the proposed work conforms to the Zoning Ordinance. 9-D.2. USE PERMIT - APPLICATION: The Building Official may receive application for a Building Permit which cannot be approved under the general provisions of the Zoning Ordinance, but could be granted if a Use Permit were approved. The application shall be referred to the City Planner for further action under this ordinance. 9-D.3. APPROVAL OF CITY ENGINEER: Plans submitted with an application for a Building Permit shall be reviewed and approved by the City Engineer as required in 7-B.4. 9-E. CERTIFICATE OF OCCUPANCY: No building or structure authorized by a Building Permit shall be occupied and no change in occupancy of a building. part of a building, or land shall be made until after the Building Official shall have issued a Certificate of Occupancy therefor. The Certificate of Occupancy shall not only state the information as required under the Building Code, but shall also state the occupancy authorized is in compli- ance with the Zoning Ordinance. Occupancy other than that authorized in the Certificate of Occupancy shall be unlawful. 9-F. VIOLATIONS: 9-F.1. The Zoning Official shall investigate alleged violations of this ordinance. If he shall find a violation, he shall give written notice to the person responsible to cease such violation forthwith. 9-F.2. Written notice may be delivered in person or by certified mail to the violator or to any person in charge of the property where the violation is occurring. If after due diligence such written notice is undeliverable or certified mail is unaccepted the Zoning Official may post such notice in a conspicuous place on the property. Such notice shall (a) be in writing; (b) include a statement of the reasons for its issuance; (c) allow a reason- able time for the performance of the act it requires; and (d) contain a statement of the action which, if taken, will effect compliance with the provisions of this ordinance. W073 Ordinance No. 850 Zoning Ordinance -4- 9-F.3. If the violation which is the subject of the notice delivered by the Zoning Official is not remedied within a reasonable time to be determined by the said official, then action shall be brought against the party or parties in violation pursuant to Section 14 of this ordi- nance. 10-F. DEVELOPMENT: Following the issuance of a Use Permit, the Zoning Official shall insure that if the development is undertaken, it is completed in compliance with said permit. If the Certificate of Occu- pancy has not been issued by the Building Official to the development within six (6) months after the date granted, the Use Permit is auto- matically cancelled. The Zoning Official, upon approval by the City Planner, may extend the Use Permit for up to two (2) additional six month periods upon written request from the applicant, which must be received before the date of cancellation. 11-B.1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, interpretation, or determination made by the Zoning Official in the enforcement of this ordinance. 11-B.5. To authorize upon appeal variances of the yard, lot width, lot depth, signs, minimum setback, off-street parking or off-street loading regulations from the terms of this ordinance as will not be contrary to the public interest, where owing to unique and special conditions of the land not normally found in like districts a strict enforcement of the r provisions of the ordinance by the Zoning Official would result in unnec- essary hardship, and so that the spirit of this ordinance shall be observed and substantial justice done. 11-E. APPEALS: Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board, commission or committee of the City affected by any decision of the Zoning Official. Such appeal shall be made within thirty (30) days of the date of the noti- fication by filing with the Zoning Official and with the Board of Adjust- ment a notice of appeal specifying the grounds thereof. The Zoning Official shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Official 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 a restraining order which may be granted by the Board of Adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown. The Board of Adjustment shall hear the appeal within sixty (60) days of the date of the appeal application or such extension as requested by the applicant, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time.. Upon the hearing any party may appear in person or by agent or by attorney. Ordinance No. 850 Zoning Ordinance -5- 11-F. REVISION OF APPEALED DECISIONS: In excercising the above mentioned powers such Board may, in conformity with the provisions of this ordinance, reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the power of the Zoning Official from whom the appeal is taken. 11-G. VOTES NECESSARY: The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Official, to decide in favor of the applicant or any variation in this ordinance. Section 12. RESPONSIBILITIES OF THE COMMISSION, ZONING OFFICIAL, BOARD OF ADJUSTMENT, AND THE CITY COUNCIL. 12-A. It shall be the responsibility of the Commission to hear all applications for zone changes and changes in the Zoning ordinance, as prescribed by law and this ordinance, and to recommend action to the City Council. The Commission has authority to approve conditional uses under the provisions of Section 6-L. The Commission has no authority to approve variances from the requirements of this ordinance. Request for variances shall be presented to the Zoning Official and if within the province of Section 11-B., the request shall be sent forward to the Board of Adjustment for hearing period. 12-B. The Zoning Official is charged with the interpretation of and the enforcement of this ordinance. Appeals from a decision of the Zoning Official shall be presented to the Zoning Official who shall forward such appeals with all pertinent information to the Board of Adjustment for hearing. 12-C. The Board of Adjustment shall hear and decide all questions on appeal from decisions of the Zoning Official and all other questions as provided in Section 11-B., Powers and Duties of the Board of Adjustment. 12-D. The City Council has sole responsibility for changes in the Zoning Map and changes in the zoning ordinance. The City Council shall not hear complaints of or decide questions of interpretation or enforcement that are reserved for the Board of Adjustment. The City Council shall also have the responsibility of appointing the Planning and Zoning Commission and the Board of Adjustment. SECTION 15. PROVISIONS OF ORDINANCE DECLARED TO BE MINIMUM REQUIREMENTS. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements adopted for the promotion of public health, safety, morals, and general welfare. Whenever the require- ments of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the requirement that is most restrictive or that imposes higher standards as determined by the Zoning Official shall govern. o�rrs Ordinance No. 850 Zoning Ordinance 10 PASSED AND APPROVED this 19th. day of April 1979 ATTEST: City Secretary m ROVED LC C