HomeMy WebLinkAboutOrd 457-2009 Amending Zoning Ord. Nonconforming Use.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 467-2009
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES BY AMENDING PART 111-C, ZONING ORDINANCE,
SECTION 4, DEFINITION OF USE AND DEFINITION OF NONCONFORMING USE;
AMENDING PART III-C, ZONING ORDINANCE, SECTIONS 36 AND 39 REGARDING
CERTIFICATE OF OCCUPANCY AND NONCONFORMING USE; PROVIDING FOR A
PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2,000;
PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION
OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas's ("City") Comprehensive Zoning Ordinance
("Zoning Ordinance') is codified as Part III-C of The Anna City Code of Ordinances
("Anna Code"); and
WHEREAS, after a duly noticed public hearing, the City Council of the City of Anna,
Texas has investigated and determined that it would be advantageous and beneficial to
the City and its citizens to amend Part 111-C of the Anna Code, the Zoning Ordinance,
regarding the Uses, Certificates of Occupancy and Nonconforming Uses; and
WHEREAS, the City has held the requisite public hearing(s) pertaining to zoning
changes within the City and its consideration and adoption was in compliance with the
Texas Open Meetings Act;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendments.
In accordance with Part 11, Article 1, Section 9 of the Anna Code, the following
amendments are made to Part III-C, Zoning Ordinance.
2.01 Part III-C, Zoning Ordinance, Section 4 of the Anna Code is amended as follows:
Sectlo`n4.
Nonconforming - Use existed
does not qeRfbm to the-��? - -
Ord. 07-2M Amending Part III-C Z.on ft , Sect 4. Non -Conforming use.doc PAGE 1 OF 9 M25.09
situated -has the definition set forth in Section 39.01 of this Part.
(Ord. No. 457-2009, adopted 0812W9)
Use means the purpose for which land or a Building or structure thereon is designed,
arranged, intended or maintained or for which it is or may be used or occupied. This
definition does not alter or affect the definition of Nonconforming Use as set forth in
Section 39.01 of this Part. (Ord No. 457-2009, adopted 08125109)
Section 36. Building Permits and Certificates of Occupancy
36.03 Expiration of Building Permit
If the work described in any building permit has not begun within six calendar months
from the date of issuance thereof, said permit shall expire; it shall be cancelled by the
Administrative Official; and written notice thereof shall be given to the persons
affected, together with notice that further work as described in the cancelled permit
shall not proceed unless and until a new building permit has been obtained. Failure by
the Administrative Official to provide such written notice shall not have an effect on the
expiration of a building permit. (Ord No.457-2009, adopted 08125109)
36-04 Certificate of Occupancy Required
It shall be unlawful to Use or occupy or permit the uses or occupancy of any Building
or premises, or both, or part thereof hereafter created, erected, changed, converted,
or wholly or partly altered or enlarged in its Use or structure until a Certificate of
Occupancy shall have been issued therefore by the Administrative Official stating that
the proposed Use of the principal Building or land conforms to the requirements of this
Part of the Code.
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(b)f.al No permit for erection, alteration, moving, or structural repair of any
Building shall be issued until an application has been made for a Certificate of
Occupancy, and the certificate shall be issued in conformity with the provisions of
this Part of the Code upon completion of the work.
Ord. 457-2009 ArnmWing Part 111-C Zoning, Sect 4. Non -Conforming Usedoc PAGE 2 OF 9 08-25-09
(G)Q?j A temporary Certificate of Occupancy may be issued by the Administrative
Official for a period not exceeding six months during alterations or partial occupancy
of a Building pending its completion, provided that said temporary certificate may
include such conditions and safeguards as will protect the safety of the occupants
and the public.
(d9Lcj The Administrative Official shall maintain a public record of all
oCertificates of e0ccupancy.
{eUd Failure to obtain a Certificate of Occupancy shall be a violation of this Part
of the Code and punishable under this Part of the Code.
36.05 Construction and Use to be as Provided In Applications, Plans,
Permits, and Certificates of Occupancy
punishable as provided by this Part.
(Ord No. 457-2009, adopted 08V2&V9)
36.06 Certificates of Occupancy Required
Certificates of eoccupancy shall be required for the following:
(a) occupancy and Use of a Building hereafter erected or structurally altered;
(b) change in Use of an existing Building to a Use of a different classification;
(c) occupancy and Use of vacant land, except agricultural Use;
(d) change in the Use of land to a different classification;
(e) any Nonconforming Use or change in the Use a NonconformiDgqpen-
GeRfoRrAR9 Use.
No such Use, or change of Use, shall take place until a Certificate of Occupancy
therefore shall have been issued by the Building Official.
(Ord No. 457-2009, adopted 08125109)
Written application for a Certificate of Occupancy, or for the change in Use of land or a
Ord. 467-2M Amending Part 111I Zoning, Sod 4. Non-Conkming Use.doc PAGE 3 OF 9 08-2549
Building, or for a change in a Nonconforming -Ron Genfeiming Use to a conforming
Use, as provided herein, shall be made to &iWthe Building Official. If the proposed
Use is a Nonconforming Use, as provided herein, application shall be made to said
Building Official. If the proposed Use is in conformity with the provisions of this Part of
the Code, the Certificate of Occupancy therefore shall be issued within 10 days after
the application for same has been made. (Ord. No. 457-2009, adopted 08/25/09)
Every Certificate of Occupancy shall state that bethe Building or the proposed Use of
a Building or land complies with all provisions of the Building and fire laws and
ordinances. A record of all GCertificates of e0ccupancy shall be kept on file in the
office of the Building Official or his agent and copies shall be furnished upon request
to any person having proprietary or tenancy interest in the Building or land affected.
(Ord- No. 457-2009, adopted 08125109)
36.10 Temporary Certificate
Pending the issuance of a regular GeFfifiGate Certificate of Occupancy, a temporary
Certificate of Occupancy may be issued by the Building Official for a period not
exceeding six 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 GitVC ty relating to the Use or occupancy of the premises or any other
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matter covered by this Part of the Code. (Ord No. 457-2009, adopted 0812W9)
36.11 Certificates of Occupancy for Nonconforming Uses
A Certificate of Occupancy shall be required for all lawful Nonconforming uses of land
or Buildings created by adoption of this Part of the Code. The Certificate of Occupancy
shall state specifically wherein the Nonconforming Use differs from the provisions of
this Part of the Code that would apply to the Nonconforming Use, but for its status as
a Nonconforming Use. Application for such Certificate of Occupancy for a
Nonconforming Use shall be filed with the Building Official by the owner or lessee of
the Building or land occupied by such Nonconforming Use within one year of the
effective date of this Part of the Code. If the City does not receive an application for a
Certificate of Occupancy for Nonconforming Use within said time period, an
irrebuttable presumption shall arise that the Use in question does not constitute a
Nonconforming Use, but an illegal Use. (Ord No. 457-2009, adopted 08125109)
Ord. 457-2009 Amending Part 111-C Zoning, Sect 4. Non -Conforming Use doc PAGE 4 OF 9 08-25-09
2.03 Part III-C, Zoning Ordinance, Section 39 of the Anna Code is amended as
follows:
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39.02 Protections, Regulations, and Restrictions.
(a) A WNU-Nonconforming Use existing at the date of enactment of this Part of the
Code, although such Use does not conform to the provisions hereof, may be
continued, but if the Nonconforming Use is discontinued for a period of 12
consecutive calendar months it shall not thereafter be resumed and any future Use of
such Building or land shall occur solely in conformity with the applicable provisions of
this Part. The Use of land, if changed from a Nonconforming Use, shall be in
conformity with the provisions hereof.
(b) To avoid undue hardship, nothing in this Part of the Code shall be deemed to
require a change in the plans, construction, or designated Use of any Building on
which actual construction was lawfully begun prior to the effective date of adoption or
amendment of this Part of the Code and upon which actual Building construction has
been carried on diligently, without undue interruption. Actual construction is hereby
defined to include the placing of construction materials in permanent position and
fastened in a permanent manner. Where excavation or demolition or removal of an
existing Building has been substantially begun Preparatory to rebuilding, such
excavation or demolition or removal shall be deemed to be actual construction,
provided that work shall be carded on diligently, without undue interruption.
(c) Nonconforming Uses are hereby declared to be incompatible with permitted uses
in the Districts in which they are located. A Nonconforming Use of a Building o
structure, a Nonconforming Use of land, or a Nonconforming Use of Buildings and
land in combination shall not be extended or enlarged after passage of this Part of
the Code by attachment on a Building or Premises of additional signs intended to be
seen from off the Premises, or by the addition of other Uses, of a nature which would
be prohibfted generally in the District involved. A Nonconforming Use of a Building o
land shall not be extended unless chanced to a conformina Use.
(d) The total structure repairs or alterations in a Building or structure that forms all or
part of a Nonconforming Use shall not, during its life, exceed 50% of the assessed
value of the Building unless changed to a conforming Use.
(e) Whenever a Nonconforming Use involving a Building or structure is changed to a
Ord. 467-2009 Amending Part 10-C Zoning, Sod 4. Wn-Confoming Use .doc PAGE 6 OF 9 08-25-09
Use of a less restricted classification. (Ord No. 457-2009, adopted 08125/09)
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Section 3. Penalty.
Any violation of any of the terms of this ordinance, whether denominated in this
ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of
any such violation shall be fined in an amount not to exceed $2,000 for each incidence
of violation. Each violation is considered a separate offense and will be punished
separately.
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
Ord. 467-2009 Amending Part 111-C Zoning, Sod 4. Non -Conforming WeAfoc PAGE 8 OF 9 08-26-09
39.03 Certificates of Occupancy for Nonconforming Uses
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Section 3. Penalty.
Any violation of any of the terms of this ordinance, whether denominated in this
ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of
any such violation shall be fined in an amount not to exceed $2,000 for each incidence
of violation. Each violation is considered a separate offense and will be punished
separately.
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
Ord. 467-2009 Amending Part 111-C Zoning, Sod 4. Non -Conforming WeAfoc PAGE 8 OF 9 08-26-09
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Ord. 457-2009 Amending Part 111-C Zoning. Sect 4. Man-C�oC Moaning Uae.doc PAGE 9 OF 9 08-25-Q9