Aubrey City Zoning Code
§ 3
ADMINISTRATION, ENFORCEMENT AND FEES.
A.
ADMINISTRATION.
The building official is hereby designated by the City Council as the administrative official to supervise the administration and enforcement of this Ordinance. The building official may be provided with the assistance of such other persons or consultants as the City Council may direct.
If the administrative official finds that any of the provisions of this Ordinance are being violated, he shall notify in writing the person responsible for such violations, 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 illegal additions, alterations, or structural changes, discontinuance of any illegal work being done; or shall take any other action authorized by this Ordinance to insure compliance with or to prevent violation of its provisions.
B.
VIOLATION AND PENALTIES.
The owner or general agent of a building or premises where a violation of any provision of the regulations of this Ordinance has been committed or shall exist or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee, or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor, or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable by a fine of not less than Ten Dollars ($10.00) or not more than Two Hundred Dollars ($200.00) for each and every day that such violation exists.
C.
INTERPRETATION AND APPEALS.
It is the intent of this ordinance that the duties of the City Council in connection with this ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in subsection D, below. The, City Council shall have only the duties expressly reserved for it in this ordinance including without limitation considering and allowing or rejecting proposed amendments or the repeal of this ordinance, as provided by law, and, of establishing a schedule of fees and charges as stated in subsection E, below. It is further the intent of this ordinance that all questions of interpretation and enforcement shall be first presented to and decided by the administrative official, and that such questions shall be presented to the board of adjustment only on appeal from the decision of the administrative official, and that recourse from the decisions of the board of adjustment shall be to the courts as provided by law.
D.
BOARD OF ADJUSTMENT.
(1)
Creation.
There is hereby created a board of adjustment which shall be organized, appointed, and function as follows:
The board of adjustment shall consist of five members who are residents of the City of Aubrey, each to be appointed by the City Council for a term of two years and removable for cause by the appointing authority upon written charges and after public hearing. The City Council shall designate one member as chairman and one member as vice-chairman. Vacancies shall be filled for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment was made. Provided, however, that the City Council may appoint a minimum of two alternate members and a maximum of four who shall serve in the absence of one or more of the regular members when requested to do so by the chairman or Mayor, as the case may be.
The terms of three members shall expire in May of each odd-numbered near [year] and the terms of two of the members shall expire in May of each even-numbered year. Members may be appointed to succeed themselves. Vacancies shall be filled for unexpired terms, but no member shall be appointed for a term in excess of two years. Newly appointed members shall be installed at the first meeting after their appointment. If the City has already appointed persons to serve on the board of adjustment at the time that the ordinance setting forth this subsection as amended is adopted, those persons shall continue to serve on the board of adjustment unless replaced or removed as provided under this ordinance.
The City Council may remove a member of the board of adjustment at any time for cause, as found by the City Council, on a written charge after a public hearing.
(2)
Organization.
The board of adjustment shall hold an organizational meeting in May of each year and shall meet as necessary. The board of adjustment shall adopt its own rules of procedure and keep a record of its proceedings consistent with applicable law. Meetings shall comply with applicable state law including the Open Meetings Act.
(3)
Powers and Duties of Board.
(a)
Appeals Based on Error:
The board of adjustment shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by an administrative official of the City in the enforcement of this ordinance.
(b)
Limitation on Resubmittals:
When the board of adjustment has denied an application, no resubmittal of the application or new application of a similar nature shall be accepted by the board of adjustment or scheduled for 12 months after the date of denial. Notwithstanding the foregoing, the board of adjustment may, at its discretion, accept resubmittal of an application or a new application of a similar nature relating to an application that is withdrawn during a board of adjustment meeting or hearing. Applications which have been withdrawn before the board of adjustment meeting may be resubmitted at any time for hearing before the board of adjustment.
(c)
Vote of Four Members Required:
The concurring vote of four members of the board of adjustment is necessary to:
(4)
Procedure.
(a)
Appeals may be taken to and before the board of adjustment by any person aggrieved, or by any officer, department, board or bureau in the City. Such appeal shall be made by filing in the office of the City Secretary a notice of appeal and specifying the grounds thereof. The office or department from which the appeal is taken shall forthwith transmit to the board of adjustment all of the papers constituting the record from which the action appealed was taken.
(b)
Stay of Proceedings:
An appeal shall stay all proceedings in furtherance of the action appealed from unless the administrative official shall certify to the board of adjustment that, by reason of facts in the certificate, a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order, which may be granted or by [granted by] a court of equity, after notice to the office from whom the appeal originated.
(c)
Notice of Hearing on Appeal:
The board of adjustment shall fix a reasonable time for the hearing of the appeal or other matter referred to, it. and shall mail notices of such hearing to the petitioner and to the owners of property lying within 200 feet of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the board of adjustment to be affected thereby, such owners and persons being determined according to the current tax rolls of the City. Depositing of such written notice in the mail shall be deemed sufficient compliance therewith.
(d)
Decision by board of adjustment:
The board of adjustment shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The board of adjustment may reverse or affirm wholly or partly or may modify the order, requirements, decision, or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer or department from whom the appeal is taken.
(e)
All official actions by the board of adjustment shall be recorded in meeting minutes and all such actions shall further be in the form of a written order of the board of adjustment, which shall be filed in the office of the board of adjustment as soon as is practicable after the order has been duly approved by the board of adjustment. For purpose of filing such orders, the office of the board of adjustment shall be deemed to be the office of the City Secretary of the City of Aubrey.
(5)
Variances.
(a)
The board of adjustment shall have the power to authorize, upon appeal in specific cases, such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship and so that the spirit of this ordinance shall be observed and substantial justice done, including the following: (i) the full provision of parking or loading facilities; or (ii) when such regulations would impose an unreasonable hardship upon the use of the lot. The board of adjustment shall not waive or reduce such requirements merely for the purpose of granting an advantage or a convenience.
(b)
A written application for variance shall be submitted together with the required fee, accompanied by an accurate legal description, maps, site plans, drawings and any necessary data, demonstrating:
(1)
that special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;
(2)
that literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance;
(3)
that the special conditions and circumstances do not result from the actions of the applicant;
(4)
that granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district; and
(5)
no nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.
(6)
Changes
(a)
The board of adjustment shall have no authority to change any provisions of this ordinance and its jurisdiction is limited to: (1) hardship and borderline cases which may arise from time to time; and (2) presiding over proceedings and performing other functions as specified in this ordinance or another applicable ordinance. The board may not change the district designation of any land either to a more or less restrictive zone.
(b)
It is the intent of this ordinance that all questions of interpretation and enforcement shall be first presented to the administrative official, that such questions shall be presented to the board of adjustment only on appeal from the decision of the administrative official and that recourse from the decisions of the board of adjustment shall be to the courts as provided by the laws of the State of Texas.
E.
FEES.
The City Council shall, by resolution, establish a schedule of fees, charges, and expenses and a collection procedure for the administration, permits, certificates of occupancy, zoning change requests, and other matters pertaining to this Ordinance. The schedule of fees shall be posted in the office of the zoning administrative official, and may be altered or amended only by action of the City Council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.
(Ordinance 135-87 adopted 4/14/87; Ordinance 474-12, sec. 2.01, adopted 8/21/12; Ordinance 547-14 adopted 12/16/14)