AN ORDINANCE AMENDING CHAPTER 3, SECTION 3.1800, ET SEQ. (MOVING
AND DEMOLITION OF STRUCTURES) OF THE CITY OF BASTROP'S ZONING ORDINANCE;
REPEALING CONFLICTING PROVISIONS, PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Bastrop has determined that
the following amendments to the Zoning Code are needed to ensure public
health, safety and welfare of its citizens; and
WHEREAS,
the Planning and Zoning Commission, after notice and hearing, recommended
that Section 3.1800 be amended as provided herein:
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF BASTROP, TEXAS:
Part 1: That Section 3.1801of the Zoning Ordinance
of the Bastrop City Code of Ordinances is hereby amended to read as
follows:
Section 3.1801
Moving, Demolition, Site Work Permits.
1. General Provisions.
(a) Permits shall be obtained prior to beginning work on any site,
existing building or structure. No building shall be moved within
the City limits or into the City limits and no structure removed partially
or wholly or site work including clearing, fills or excavations begun
without completion of all requirements for a permit. A permit shall
be issued upon meeting the requirements of the application, completion
of the relevant "Check Off List" and the payment of required
fees and deposits.
(b) The work done under
permit shall ordinarily be between the hours of 8:00 a.m. and 5:00
p.m., Monday through Friday, and notice shall be provided twenty-four
(24) hours prior to work commencing. If work cannot be accomplished
during this time frame, special arrangements must be made at an additional
cost.
(c) The work permit shall
be valid for ten (10) working days from the date of issue and may
extend for an additional ten (10) days if a written request for extension
is received prior to the expiration.
(d) The applicant shall
give written notice of the proposed work, no less than 24 Page 1 of
4 hours prior to work commencing, to property owners within 200 feet
of the proposed work,
2. Moving.
a) Moving shall include the removal, placement or transit of a structure
of any size inside the City limits of Bastrop. The Police Department
shall coordinate travel routes and other requirements specific to
the public street. If special arrangement for relocation of utility
lines is necessary, forty-eight (48) hour notice must be provided
to the appropriate City department or entity.
(b) No moving permit shall be issued for a structure to be placed
on a property without submittal of site development application and
receipt of a land development permit.
(c) No substandard buildings or structures will be allowed or permitted
to be moved into the City limits of the City of Bastrop.
(d) No unsafe or hazardous buildings, structures or containers shall
be allowed to be moved into the City limits of Bastrop.
(e) Permits to move a building or a structure into the City limits
of Bastrop shall first meet all the requirements of the Zoning Ordinance.
3. Site work.
(a) For the purpose of
this article clearing of trees and brush, excavation or placement
of soils, spoils or other materials that require mechanized equipment
shall require a permit 24 hours prior to commencement.
(b) A site development permit may be required prior to commencing
work if drainage, grading or other issues warrant.
(c) Proper disposition of all debris shall be documented on the permit
including locale of dumping of spoils.
(d) A site development permit may be required if spoils are dumped
within the City limits.
(e) No burning shall be allowed without notification and approval
by the Fire Department.
4. Demolition.
(a) The proposed demolition site shall be inspected by the Building
Official and
requirements prior to commencing the work listed.
(b) Construction barricades, silt fencing or other site safety precautions
may be
required.
(c) Proper disposition of all debris shall be documented on the permit
including locale of dumping.
(d) Demolition of structures shall not commence until all utilities
have been disconnected from the structure.
(e) Site restoration including removal of all debris, site work and
re-vegetation when required.
( f) A site development permit max. be required prior to commencing
work if drainage, grading or other issues warrant.
Part 2: That Section 3.1802 of the Zoning
Code of the Bastrop City Code of Ordinances is hereby amended to read
as follows:
Section 3.1802
Fees, Cost, and Deposits for Moving Permits.
(a) Fees. Upon receiving
a request for a building moving permit, the City staff shall determine
whether the proposed move will require the relocation of utilities
and/or police escorts. If utility relocation will not be required
the permit fee shall be according to the schedule of fees set out
in the Standard Building Code. If utility relocation or escort service
is required, additional permit fees will be required as appropriate.
(b) Deposits for Costs
and Damages. If a proposed building move will require relocation of
utility lines and/or police escort, the Building Official shall prepare
an estimate of those costs and require the permit applicant to deposit
cash with the City in an amount sufficient to cover those estimated
costs. In addition, if the nature of the proposed move is likely to
cause property damage, the Building W Official shall require a surety
bond satisfactory to the City prior to permit issuance.
Part 3:
The City Manager and City Secretary are hereby authorized and directed
to make the necessary changes to all records of the City of Bastrop
to reflect this amendment.
Part 4:
All ordinances and resolutions, or parts of ordinances and resolutions,
in conflict with this Ordinance are hereby repealed, and are no longer
of any force and effect. If any provision of this ordinance or application
thereof to any person or circumstance shall be held invalid, such
invalidity shall not affect the other provisions, or application thereof,
of this ordinance which can be given effect without the invalid provision
or application, and to this end the provisions of this ordinance are
hereby declared to be severable.
Part 5: This Ordinance shall become effective
in accordance with the City Charter and the laws of the State of Texas.
READ and ACKNOWLEDGED on
First Reading on the 13th day of May 2003.
READ and ADOPTED on Second Reading on the 27th day of May 2003.
