(a)
A building official designated by the city manager shall administer
and enforce this article. He may be provided with the assistance of
such other persons as the city manager may direct.
(b)
If the building official shall find that any of the provisions of
this article are being violated, he shall notify in writing the person
responsible for such violation, indicating the nature of the violation
and ordering the action necessary to correct it. He shall order discontinuance
of illegal use of land, buildings, or structures; removal of illegal
buildings or structures or of additions, alterations, or structural
changes thereto; discontinuance of any illegal work being done; or
shall take any other action authorized by this article to ensure compliance
with or to prevent violation of its provisions.
(1977 Code, sec. 13-121)
(a)
Required.
No building or other structure shall be erected,
moved, added to, or structurally altered without a permit therefor
issued by the building official. No building permit shall be issued
except in conformity with the provisions of this article, except after
written order from the board of adjustment.
(b)
Application for building permit.
All applications for
building permits shall be accompanied by plans in duplicate, drawn
to scale showing the actual dimensions and shape of the lot to be
built upon; the exact sizes and location on the lot of buildings already
existing, if any; and the locations and dimensions of the proposed
building or alteration. The application shall include such other information
as lawfully may be required by the building official, including existing
or proposed building or alteration; existing or proposed uses of the
building and land; the number of families, housekeeping units, or
rental units the building is designed to accommodate; conditions existing
on the lot; and such other matters as may be necessary to determine
conformance with, and provide for the enforcement of, this article.
One (1) copy of the plans shall be returned to the applicant by the
building official after he shall have marked such copy either as approved
or disapproved and attested to same by his signature on such copy.
The second copy of the plans, similarly marked, shall be retained
by the building official.
(c)
Expiration of building permit.
(1)
If the work described in any building permit has not begun within
90 days from the date of issuance thereof, said permit shall expire;
it shall be cancelled by the building official; and written notice
thereof shall be given to the persons affected.
(2)
If the work described in any building permit has not been substantially
completed within two years of the date of issuance thereof, said permit
shall expire and be cancelled by the building 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.
(1977 Code, sec. 13-122)
(a)
The purpose of the zoning permit is to determine compliance with
the provisions of this article. No owner shall use or permit the use
of any land, structure, or building, or part thereof, hereafter created,
erected, changed, converted, or enlarged, wholly or partly, in any
R, C, or M District until a zoning permit has been issued by the building
official; provided, however, that no zoning permit shall be required
when any use of land, structure, or building, or part thereof is continued
by the renters, lessees, or owner.
(b)
No zoning permit shall be required for any land, structure, or building
occupied principally as a single-family dwelling unless more specifically
required elsewhere in this division.
(c)
A zoning permit shall be required for a home occupation in the residential
districts.
(d)
Application shall be made by the property owner or agent thereof
on a form prescribed by the city.
(e)
There shall be no fee for a zoning permit.
(f)
It shall be the duty of the building official to issue a zoning permit,
provided he is satisfied that the structure, building, or premises,
and the proposed uses thereof conform with all requirements of this
article and that all other reviews and actions, if any, called for
in this article have been complied with and all necessary approvals
secured therefor.
(g)
Land and buildings may be occupied and used only for the use for
which the zoning permit is issued.
(1)
In any case where the conditions of such permit have not been or
are not complied with, the permittee shall be given notice of intention
to revoke such permit at least ten days prior to revocation. After
conclusion of said ten days, permit may be revoked.
(2)
In any case where a zoning permit has not been used within six months
after the date of granting thereof, then, without further action,
the permit granted shall be null and void.
(h)
A record of all zoning permits shall be kept on file in the office
of the building official, and a copy of any such permit shall be furnished
on request to any person having a proprietary or tenancy interest
in the building or premises affected.
(i)
No excavation for any building shall be commenced before a zoning
permit for the intended structure has been issued.
(1977 Code, sec. 13-123)
(a)
Uses for which permit required.
(1)
In addition to the zoning permit called for in section 14.02.278 above, a temporary use permit shall be required before the following temporary uses can be permitted in the district or districts indicated:
|
Temporary Use
|
District
|
|---|---|
|
Auction sales
|
R-1, R-2, C-1, C-2
|
|
Automobile parking lot, for a special event
|
R
|
|
Batching plant, portland cement, concrete, noncommercial
|
R-1, R-2, C-1, C-2
|
|
Carnival or circus [see (2) below].
|
C-1, M, C-2
|
|
Christmas trees and wreaths, retail
|
R-1, R-2
|
|
Construction building and/or yard
|
R-1, R-2, C-1
|
|
Day nursery
|
R-2
|
|
Retail and wholesale of agricultural not raised on the premises
and sold from vehicles parked off street, not over 500 square feet
of retail and wholesale storage and sales area
|
C-1, C-2, and M
|
|
Mobile home location
|
R-2
|
(2)
Only one temporary use permit for a carnival or a circus shall be
granted during any three calendar months, and such permits shall not
be for a period of time in excess of ten (10) days.
(b)
A temporary use permit is an exception to the zoning ordinance and
allowable where the facts and conditions prescribed and detailed in
this division as those upon which a temporary use permit may be granted
are determined by the board of adjustment to exist.
(c)
The applicant, in applying to the board of adjustment for a temporary
use permit or exception, shall simply demonstrate that he meets the
requirements of the particular use and district and need not show
unnecessary hardship.
(d)
The building official shall not issue a zoning permit for such uses that are hereafter created, changed, converted, or enlarged, either wholly or in part, until a temporary use permit has been obtained from the board of adjustment in accordance with the exceptions procedures set forth in section 14.02.305(a)(2).
(e)
The purpose of the regulations described in this section is to allow
the proper integration into the city of uses which may be suitable
only in specific locations in a zoning district and only for limited
periods of time.
(f)
Application for a temporary use permit shall be made by the property
owner or certified agent thereof to the board of adjustment on forms
prescribed for this purpose by the city. Such application shall be
accompanied by a site plan as set forth in section 14.02.258(d). Temporary
use permits, revocable, conditional, and valid for a term period not
to exceed 12 months, may be issued by the board of adjustments for
any of the uses or purposes for which such permits are required or
permitted by the terms of this division. Granting of a temporary use
permit does not exempt the applicant from complying with the requirements
of the building code or other ordinances.
(g)
The fee to cover administrative costs of a temporary use permit application
shall be as established by the city council, no part of which shall
be refundable.
(h)
In considering any application for a temporary use permit, the board
of adjustment shall give due regard to the nature and condition of
all adjacent uses and structures. The board of adjustment may deny
an application for a temporary use permit; and in granting or renewing
a temporary use permit, the board of adjustment may impose such requirements
and conditions with respect to location, construction, maintenance,
and operation, in addition to those expressly stipulated in this article
for the particular use, as it may deem necessary for the protection
of adjacent properties and the public interest.
(i)
Provided that the board of adjustment finds that:
(1)
The proposed structure or use conforms to the requirements and intent
of this division and the comprehensive plan;
(2)
Any additional conditions stipulated by the board of adjustment as
deemed necessary in the public interest have been met; and
(3)
Such use will not under the circumstances or the particular case
constitute a nuisance or be detrimental to the public welfare of the
community;
|
the board of adjustment shall issue a temporary use permit therefor.
|
(1977 Code, sec. 13-124)
(a)
(1)
In addition to the zoning permit called for in section 14.02.278 above, a specific use permit shall be required before the following specific uses can be permitted in the district or districts indicated:
|
Specific Use
|
District
|
|---|---|
|
Ambulance service
|
R-1, R-2
|
|
Automotive service and repair
|
C-1
|
|
Beauty shop
|
R-2
|
|
City, county, state and federal government administrative buildings
|
R-2
|
|
City fire and police station
|
R-1, R-2
|
|
City, county, state and federal government garage, maintenance
yard, or similar government establishment
|
R-1, R-2
|
|
Commercial storage facility
|
C-1
|
|
Commercial/vehicle storage facility
|
R-1
|
|
Concession stand within a park, playground, or playfield
|
R-2
|
|
Earth moving and excavation, depositing of construction materials,
clay, earth, gravel, minerals, rock, sand, or stone on the ground
|
R-1, R-2, C-1, C-2, M
|
|
Electrical substation
|
R-1, R-2
|
|
Farm equipment, sales, service and repair business
|
C-1
|
|
Fine arts studio and gallery, including the creation, retail,
and wholesale sale and distribution of fine arts, sculptures, books,
cards, jewelry, wood products, and related items and the assembly
and shipping of all of the above.
|
R-1, R-2
|
|
Garment plant
|
C-1
|
|
Gas compressor or regulator station
|
R-1, R-2
|
|
Gift shop
|
R-2
|
|
Golf course, but not including commercial golf games or amusement
|
R-1
|
|
Home health care office
|
R-1
|
|
Institution, correctional, detention, penal, or for use of insane,
feeble minded, alcoholic or narcotic patients on a minimum site of
15 acres
|
R-1
|
|
Keeping of livestock (excluding swine) on contiguous property
three acres or larger, with a maximum of one head of livestock per
acre.
|
R-1, R-2, C-2, M-1
|
|
The manufacture and assembly of agricultural equipment
|
C-2
|
|
Medical and/or chiropractic clinics
|
R-1
|
|
Mining, including exploration for or production of water, gas,
or oil; extraction of clay, gravel, or sand; quarrying of rock or
stone
|
R-1, R-2, C-1, C-2, M
|
|
Mobile home location
|
R-1, R-2
|
|
Mobile home as an education building by a church
|
R-2
|
|
Public library or museum
|
R-1, R-2
|
|
Radio or television broadcasting transmitter or tower, microwave
relay tower
|
R-2, C-1, C-2, M
|
|
Recreational vehicle park
|
R-1
|
|
Sanitorium on a site of 10 acres or more
|
R-1
|
|
School administration building and tax office
|
R-1
|
|
School nursery, kindergarten, or daycare for children
|
R-2
|
|
Shopping center on a site of 5 acres or more
|
R-2
|
|
Telephone exchange but not including garage shop or service
|
R-2
|
|
Vehicle storage facility
|
R-2
|
|
Water pump station
|
R-1
|
|
Water tower and related structures
|
C-2
|
|
Wellness center
|
R-1
|
(2)
Specific uses granted.
(A)
A specific use for a term of 50 years is hereby granted for a medical
clinic to be constructed and operated upon the following described
property, to wit: beginning at a point in the northwest corner of
Block No. 2, of Park Subdivision of Block No. 7, of the Rush Addition
to the City of Tulia, Swisher County, Texas; thence south 100 feet
to a point; thence east 150 feet to a point; thence north 100 feet
to the north line of said Block No. 2; thence west 150 feet to the
place of beginning.
(B)
A specific use is hereby granted for an ambulance service to be operated
upon the following described property, to wit: Lot No. 10 of the Franks
Subdivision of Block No. 19, of the Rush Addition to the City of Tulia,
Swisher County, Texas.
(C)
A specific use is hereby granted for a school administration building
and tax office to be located upon the following described property:
Lots No. 5 through 8, both inclusive, in Block No. 2 of the Toles
Subdivision of the south part of Blocks No. 16 and 17, of the McCune
Addition to the City of Tulia, Swisher County, Texas.
(D)
A specific use is hereby granted for a chiropractic clinic to be
located upon the following described property, to wit: Lots No. 9
and 10 in Block No. 17 in the City of Tulia, Swisher County, Texas.
(E)
A specific use is hereby granted for a mobile home to be located
upon the following described property, to wit: Lot 1 and the north
1/2 of Lot 2, Block 55, City of Tulia, Swisher County, Texas.
(F)
A specific use is hereby granted for a water pump station to be located
upon the following described property, to wit: a square tract of land
225 feet by 225 feet located at the southwest corner of Block 11,
Rush Addition to the City of Tulia, Swisher County, Texas.
(G)
A specific use is hereby granted for a period of five years for a
mobile home to be used as an education building by a church to be
located on Lots No. 1 and 2, in Block No. 105, in the City of Tulia,
Swisher County, Texas.
(H)
A specific use is hereby granted for a home health care office to
be located on the following described property, to wit: All of Lots
No. 9, 10 and the south one-half (1/2) of Lot No. 11, in Block No.
9, in the City of Tulia, Swisher County, Texas.
(I)
A specific use is hereby granted for a farm equipment sales, service
and repair business to be located on the following described property,
to wit: all of Lot Nos. 7, 8, 9, 10, 11 and 12, in Block No. 37, in
the City of Tulia, Swisher County, Texas.
(J)
A specific use is hereby granted for a gift shop and beauty shop
to be located on the following described property, to wit: all of
Lot 5 and the north one-half of Lot 6, in Block 23, City of Tulia,
Swisher County, Texas.
(K)
A specific use is hereby granted for the location of a mobile home
to be located on the following described property, to wit: north 1/2
of tract C-9 out of Section 21, Block W-1, Swisher County, Texas,
subject to the following conditions:
(i)
The home be placed on a permanent foundation similar to that
of a site-built home.
(ii)
The home be roofed and sided as if it were a site-constructed
home and in a matter compatible with adjacent properties.
(iii)
All work shall be completed within one year from the date the
mobile home is brought onto the property.
(L)
A specific use is hereby granted for a fine arts studio and gallery,
including the creation, retail, and wholesale sale and distribution
of fine arts, sculptures, books, cards, jewelry, wood products, and
related items and the assembly and shipping of all of the above to
be located on the following described property, to wit: all of Lots
13, 14, and 15, Block 3, Unit 4 MacKenzie Addition (save and except
the west 34 feet of Lot 15), City of Tulia, Swisher County, Texas.
Pursuant to section 14.02.105(5) of this article, as amended, the specific use hereinabove granted shall terminate when such use of the property is discontinued or abandoned, and shall not thereafter be used except in conformance with the regulations of the district in which it is located.
As a condition for the granting of this specific use permit,
the owners of the property shall use their best efforts to discourage
commercial, charter, school and tour buses from stopping at the above-described
real property. In the event that a bus does arrive at the property,
the bus shall only be allowed to stop at the location to expeditiously
unload its passengers. The bus shall then be directed by the owners
of the property to proceed to MacKenzie Park, or some other location
outside of the MacKenzie Additions to the City of Tulia, Texas, to
await notification that the passengers are ready to depart. The owners
of the property shall purchase and maintain, at the owner’s
sole cost and expense, a system capable of notifying the bus at its
remote location that the passengers are ready to depart. Upon such
notification, the bus may proceed to the above-described real property
for the sole and limited purpose of expeditiously loading the passengers
and immediately leaving the MacKenzie Additions to the City of Tulia,
Texas.
(M)
A specific use is hereby granted for the keeping of horses on contiguous
property three acres or larger, with a maximum of one head of livestock
per acre to be located on the following described property, to wit:
(i)
All of Block 22 except 155' x 195' Rush Addition to Tulia
(ii)
W/2 of Block 23, Rush Addition to Tulia
(iii)
W/2 of Block 24, Rush Addition to Tulia
|
Pursuant to section 14.02.105(5) of this article, as amended, the specific use hereinabove granted shall terminate when such use of the property is discontinued or abandoned, and shall not thereafter be used except in conformance with the regulations of the district in which it is located.
|
(N)
A specific use is hereby granted for the manufacture and assembly
of agricultural equipment to be located on the following described
property, to wit: Lots 1–7, Block 43, City of Tulia, Swisher
County, Texas.
The following conditions shall apply to issuance of this specific
use permit: All outdoor storage shall be contained within an 8-ft.
high opaque fence. However, completed, operable agricultural equipment
may be stored in areas in the public view prior to delivery to customers.
Pursuant to section 14.02.105(5) of this article, as amended, the specific use hereinabove granted shall terminate when such use of the property is discontinued or abandoned, and shall not thereafter be used except in conformance with the regulations of the district in which it is located.
(O)
A specific use is hereby granted for the location of a mobile home
to be located on the following described property, to wit: Block 107,
Lots 7–8 and the S 4' of Lot 6, City of Tulia, Swisher County,
Texas, subject to the following conditions:
(i)
Water and sewer service to the mobile home shall be underground
and shall be connected to the city mains through a direct connection
to the service lines which serve the house at 820 W. Broadway.
(ii)
The mobile home will be supplied electricity through a meter
and service separate from the house at 820 W. Broadway.
(iii)
The mobile home may only be occupied by the caretaker of Mrs.
Eva Baggett, who resides at 820 W. Broadway. Under no circumstances
may the property be used for rental purposes.
(iv)
The permit will be valid only as long as Mrs. Eva Baggett resides
at 820 W. Broadway. In the event Mrs. Baggett ceases to live at 820
W. Broadway, the mobile home shall be removed within 60 days of that
date.
(P)
A specific use is hereby granted for the service and repair of automobiles
to be located in the 1300 block of N. Highway 87 on the following
described property, to wit: 1.19 acres, being a part of Lot 2, Block
5, Replat of L.G. Conner Addition Unit No. 3 to the City of Tulia,
Texas as shown on exhibit A attached to Ordinance 98-06.
The following conditions shall apply to issuance of this specific
use permit: All outdoor storage shall be contained within the existing
opaque fence, which shall be maintained in good condition.
Pursuant to section 14.02.105(5) of this article, as amended, the specific use hereinabove granted shall terminate when such use of the property is discontinued or abandoned, and shall not thereafter be used except in conformance with the regulations of the district in which it is located.
(Q)
A specific use permit is hereby granted for the construction and
operation of a cellular telephone tower and building on the following
described property, to wit: all of Block 73 of the City of Tulia,
Swisher County, Texas. The following conditions shall apply to the
issuance of this specific use permit:
(i)
Height of tower shall not exceed 180 feet.
(ii)
It is acknowledged by the city that guy wires for the tower
will run over the public alley running north and south through Block
73. However, in no event shall there be less than a 45-foot vertical
clearance from the surface of the public alley and any guy wire which
crosses over any portion of the alley.
(iii)
Other than the aforementioned guy wires, no improvements shall
be built on or encroach upon any public street, alley, or right-of-way.
(iv)
The building, tower and guy wire anchors shall be enclosed in
a chainlink fence of a height sufficient to deter unauthorized access.
(R)
A specific use is hereby granted for a vehicle storage facility to
be located on the following described property, to wit: All of Lots
9 and 10, in Block 106, City of Tulia, Swisher County, Texas, under
the following terms and conditions:
(i)
The vehicle storage facility shall be for the temporary storage
of motorized vehicles only, with no such vehicle to be stored on such
property for a period in excess of one hundred twenty (120) days.
(ii)
Prior to commencing the operation of a vehicle storage facility
on the property, the owner shall construct an exterior fence on the
property, such fence to be an opaque fence to be constructed of wood
or metal at least (6') six feet in height.
(iii)
This specific use permit shall be granted for a period of three
(3) years only from the date of adoption of Ordinance 2005-04. Thereafter,
another application to and approval by the city for an extension of
this specific use permit will be necessary to continue the operation
of a vehicle storage facility on said property.
(iv)
The owner of the property must comply with all state department
of transportation rules and regulations related to such a vehicle
storage facility.
(v)
Failure of the owner of the property to cure any violation of
any term or condition herein set forth within fifteen (15) days after
notification from the city of said violation will automatically terminate
the specific use permit granted hereby.
(S)
A specific use is hereby granted for a mobile home location on the
following described property, to wit: See exhibit A to Ordinance 2006-03,
which is incorporated herein for all purposes, under the following
terms and conditions:
(i)
The mobile home to be located on the property shall be connected
to city water and sewer services and shall meet all city code requirements
for the location of a mobile home in the city.
(ii)
Only one mobile home shall be located on the property, with
no additional mobile homes to be located on the property of the owners
adjoining the property described on exhibit A, whether within the
city limits, or outside said city limits.
(iii)
This specific use permit shall be granted for an indefinite
period ending when the owner’s ownership of the property or
their adjacent property, or any portion thereof, terminates.
(iv)
Failure of the owners of the property to cure any violation
of any term or condition herein set forth within fifteen (15) days
after notification from the city of said violation will automatically
terminate the specific use permit granted hereby.
(v)
Upon termination of the specific use permit herein granted,
owners shall remove the mobile home from the property within 30 days.
(T)
A specific use is hereby granted for a wellness center to be located
on the following described property, to wit: A parcel of land 120
feet by 155 feet located in the NW corner of Block 22 of the Rush
Addition to the City of Tulia, Swisher County, Texas, more particularly
described as two tracts of land in deed from Margie B. Washington
to Erie Cox and Angela D. Cox, recorded in Volume 373, page 789, Official
Public Records, Swisher County, Texas; under the following terms and
conditions:
(i)
The wellness center shall be for operation of a spa, message
therapy, sauna, smoothie/juice bar and related health and human services.
(ii)
The owner/operator of the wellness center shall comply with
all laws, rules and regulations of the state, or subdivisions thereof
having jurisdiction over the business and premises.
(iii)
This specific use permit shall be granted for an indefinite
period ending when the ownership of the property by Eric Cox and Angela
D. Cox terminates.
(iv)
Failure of the owners of the property to cure any violation
of any term or condition herein set forth within fifteen (15) days
after notification from the city of said violation will automatically
terminate the specific use permit granted hereby.
(U)
A specific use is hereby granted for a commercial storage facility
to be located on the following described property, to wit: All of
Lot Nos. 16, 17 and 18, in Block No. 37, in the City of Tulia, Swisher
County, Texas; under the following terms and conditions:
(i)
The prospective owner of the property shall purchase the property
from the owner and shall construct on the property a 30 foot by 80
foot steel building with an awning on the front of the building facing
Southwest 2nd Street in Tulia, Texas.
(ii)
The commercial storage facility shall comply with all laws,
rules and regulations of the state, or subdivisions thereof having
jurisdiction over the business and premises.
(iii)
Failure of the owners of the property to cure any violation
of any term or condition herein set forth within fifteen (15) days
after notification from the city of said violation will automatically
terminate the specific use permit granted hereby.
(V)
A specific use is hereby granted for a recreational vehicle park
to be located on the following described property, to wit: All of
Block 18, McCune Addition to the City of Tulia, Swisher County, Texas;
under the following terms and conditions:
(i)
The owner will develop the recreational vehicle park in accordance
with the amended plans presented to the planning and zoning commission
at their meeting on February 8, 2011, and the city, with the additional
requirement that a six (6) foot opaque privacy fence is required to
be built along the south and west side of said property, except for
entries to the property, set back six (6) feet from the curbline of
Floyd Street and Eighth Street. Any changes to the development plan
will be required to be approved by the city.
(ii)
The specific use permit shall continue for an indefinite period
ending when the ownership of the property, or any portion thereof,
by Highland RV Park, LLC terminates.
(iii)
The definition of a recreational vehicle that may rent spaces
in the recreational vehicle park authorized [by] the specific use
permit herein granted shall be limited to self-contained units that
are designed primarily for travel, whether motorized or towed, of
a model year not older than 20 years.
(iv)
The recreational vehicle park shall comply with all laws, rules
and regulations of the state, political subdivisions thereof and the
city having jurisdiction over the business and premises.
(v)
Failure of the owners of the property to cure any violation
of any term or condition herein set forth within fifteen (15) days
after delivery of written notification from the city of said violation
will automatically terminate the specific use permit granted hereby.
(vi)
Owner shall commence construction of the recreational vehicle
park within one (1) year of the adoption of Ordinance 2011-01.
(vii)
Owner shall have a park manager with daily office hours on the
property after first commencing business.
(W)
A specific use is hereby granted for the construction and placement
of a commercial/vehicle storage facility on the following described
property, to-wit: All of Lot Nos. 1 and 2 of the Treadway Subdivision
of the south one-half (S/2) of block no. 23, McCune Addition, to the
Town of Tulia, Swisher County, Texas; under the following terms and
conditions:
(i)
The specific use permit shall be granted for a period of five
(5) years from the date of adoption of this subsection. Thereafter,
application to and approval by the city for an extension of this specific
use permit will be necessary to continue the operation of a commercial/vehicle
storage facility on said property.
(ii)
The owner of the property shall comply with all laws, rules
and regulation of the state, political subdivisions thereof, and the
city having jurisdiction over the business and the property.
(iii)
All vehicles, recreational vehicles, boats or other items being
stored shall be completely enclosed and not visible from the road.
Prior to commencing any open-sided or outside storage on the property,
the owner shall construct an exterior fence on the property, such
fence to be an opaque fence to be constructed of wood or metal at
least six feet (6') in height, except that an electronic gate with
keyboard to enter the property shall be of metal, see through construction.
(iv)
Failure of the owner of the property to cure any violation of
any term or condition herein set forth within fifteen (15) days after
written notification from the city of said violation will automatically
terminate the specific use permit granted hereby.
(X)
A specific use permit is hereby granted for the construction and
placement of a 395 square foot HUD-approved manufactured home in an
R-1 District on the following described property, to-wit: All of Lot
No. 8 and the south one-half of Lot No. 7, in block no. 8, in the
Original Town of Tulia, Swisher County, Texas, being locally known
as 403 N. Briscoe, Tulia, Texas; under the following terms and conditions:
(i)
The owner shall construct and place the manufactured
home on the property in accordance with the plans presented to the
planning and zoning commission at their meeting on April 19, 2021
and in compliance with the installation requirements promulgated by
the Texas Department of Housing and Community Affairs.
(ii)
The manufactured home shall be connected to city
water and sewer services and shall meet all city code requirements.
(iii)
The specific use permit shall continue for an
indefinite period ending when neither Tyson Willis nor his mother,
Rita Clay, own the property.
(iv)
Failure of the owner of the property to cure any
violation of any term or condition herein set forth within fifteen
(15) days after written notification from the city of said violation
will automatically terminate the specific use permit granted hereby.
(v)
Upon termination of the specific use permit, owner
shall remove the manufactured home from the property within 30 days.
(b)
A specific use permit is an amendment to the district regulations
of the zoning ordinance that permits the permanent establishment of
a specific use within a zoning district in which such specific use
may be established.
(c)
The building official shall not issue a zoning permit for such uses that are hereafter created, changed, converted, or enlarged, either wholly or in part, until a specific use permit has been obtained in accordance with the amendment procedures set forth in division 12 of this article.
(d)
The purpose of the regulations described in this section is to allow
the proper integration into the city of uses which may be suitable
only in specific locations in a zoning district.
(e)
Application for a specific use permit shall be made by the property
owner or certified agent thereof to the zoning commission on forms
prescribed for this purpose by the city. Such application shall be
accompanied by a site plan as set forth in division 7 of this article.
Specific use permits, revocable, conditional, or valid for a term
period, may be issued for any of the uses or purposes for which such
permits are required or permitted by the terms of this division. Granting
of a specific use permit does not exempt the applicant from complying
with the requirements of the building code or other ordinances.
(f)
The fee to cover administrative and processing costs of a specific use permit application shall be as established by the city council. If in accordance with the procedures of section 14.02.377(b) an application for a specific use permit receives an unfavorable recommendation from the zoning commission after public hearing and is not appealed to the city council within 10 days, half of the fee will be refunded to the applicant.
(g)
In considering any application for a specific use permit, the zoning
commission shall give due regard to the nature and condition of all
adjacent uses and structures. The zoning commission may recommend
disapproval of an application for a specific use permit, and in recommending
approval of a specific use permit, the zoning commission may impose
such requirements and conditions with respect to location, construction,
maintenance, and operation, in addition to the regulations of the
district in which the particular use is located, as it may deem necessary
for the protection of adjacent properties and public interest.
(h)
Provided that the zoning commission finds that:
(1)
The proposed structure or use conforms to the requirements and intent
of this article;
(2)
Any additional conditions stipulated by the zoning commission as
deemed necessary in the public interest have been met; and
(3)
Such use will not under the circumstances of the particular case
constitute a nuisance or be detrimental to the public welfare of the
community;
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the zoning commission shall make a favorable recommendation
in behalf of the application to the city council.
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(i)
Every specific use permit granted by the city council shall be considered
as an amendment to the zoning ordinance as applicable to such property.
In granting such permit, the city council may impose conditions which
shall be complied with by the grantee before a zoning permit may be
issued by the building official for the use of the buildings on such
property pursuant to said specific use permit; and such conditions
shall not be construed as conditions precedent to the granting of
the specific use permit, but shall be construed as conditions precedent
to the granting of the zoning permit.
(1977 Code, sec. 13-125; Ordinance 90-15 adopted 7/17/90; Ordinance 91-7 adopted 5/7/91; Ordinance 92-17 adopted 12/15/92; Ordinance 94-04 adopted 7/5/94; Ordinance
95-06 adopted 6/27/95; Ordinance 96-04 adopted 5/7/96; Ordinance 96-05 adopted 7/9/96; Ordinance 97-06 adopted 11/18/97; Ordinance
98-03 adopted 9/14/98; Ordinance 98-06 adopted 10/13/98; Ordinance 99-02 adopted 4/6/99; Ordinance 2005-04, sec. 1, adopted 11/15/05; Ordinance 2005-04, sec. 2, adopted 11/15/05; Ordinance 2006-03 adopted 4/18/06; Ordinance 2009-10, sec. 1, adopted 9/15/09; Ordinance 2009-10, sec. 2, adopted 9/15/09; Ordinance 2009-11, sec. 1, adopted 9/15/09; Ordinance 2009-11, sec. 2, adopted 9/15/09; Ordinance 2011-01, sec. 1, adopted 3/8/11; Ordinance 2011-01, sec. 2, adopted 3/8/11; Ordinance 2015-04, sec. 1, adopted 8/11/15; Ordinance 2015-04, sec. 2, adopted 8/11/15; Ordinance 2021-02 adopted 5/11/2021; Ordinance 2021-03 adopted 5/11/2021)
Building permits or zoning permits issued on the basis of plans
and applications approved by the building official authorize only
the use, arrangement, and construction set forth in such approved
plans and applications. Any other use, arrangement, or construction
at variance with that authorized shall be deemed a violation of this
article, and punishable as provided by division 14 hereof.
(1977 Code, sec. 13-126)
(a)
Purpose.
The purpose of an agreement approved pursuant
to this section shall be to provide an expeditious means of developing
over multiple lot lines between adjacent lots, or portions thereof,
under the same ownership.
(b)
Applicability.
The section shall apply only to structures
constructed over multiple lot lines between contiguous legally conforming
lots, or portions thereof, having the same ownership.
(c)
Application.
An owner of multiple lots, or portions
thereof, meeting the requirements of this section may seek an agreement
to build across multiple lots (“agreement”) by filing
an application for approval in a form approved by the city manager.
(d)
Decision by city manager.
The city manager shall decide
whether to approve, conditionally approve, or deny the application
based on the following criteria:
(1)
The combined area and dimensions of the contiguous lots, or portions
thereof, shall meet all dimensional standards for a single lot under
the city’s code.
(2)
The lots, or portions thereof, involved must be owned by the applicant.
(3)
The lots involved must be legally platted lots, or portions thereof.
(4)
An agreement pursuant to this section shall not remove or modify
recorded covenants or restrictions or easements.
(5)
An agreement pursuant to this section shall not require the dedication
of any additional right-of-way or easements.
(e)
Right to appeal.
In the event an applicant disagrees
with the decision of the city manager, the applicant may appeal the
decision to the board of adjustment for review.
(f)
Effect.
An agreement executed pursuant to this section
shall be recorded and is controlling over the recorded plat until
such time as the structure or building requiring the agreement is
destroyed or demolished.
(g)
An agreement executed pursuant to this section shall state that the
property the subject of the agreement shall be thereafter considered
one plot or parcel of land and any sale, assignment, transfer, conveyance
or devise thereof shall be subject to the agreement and the applicable
provisions of this code. The agreement shall further state that the
agreement is a covenant to run with the land, as provided by law,
and shall be binding upon the parties thereto, their heir, successors
and assigns, and all parties claiming under them until such time as
the agreement may be released or expire as provided herein.
(i)
Release.
Upon termination of the agreement, the city
manager or a designated representative of the city manager is hereby
authorized to execute and record in the county records an instrument
evidencing such termination and rescinding the agreement. However,
failure to record such instrument does not extend the terms of the
agreement and the city may take any action available at law or in
equity to enforce its ordinances or applicable laws, rules or standards
that would apply to the lots, or portions thereof, in the absence
of any agreement under this section.
(Ordinance 2014-05, sec. 5, adopted 7/8/14)
