(a)

No building or structure may be erected, no construction work shall be done on any building, structure or premises, and no use shall be made of any building, structure or premises, except in compliance with this chapter.

(b)

No building, structure or premises, or part thereof, may be used for any purpose after the completion of work requiring a building permit, and no building, structure or premises, or part thereof, may be changed in use, until after a certificate of occupancy and compliance has been issued by the building official, pursuant to this chapter and section R110 of the International Residential Building Code and section 110 of the International Building Code in effect in the city, certifying that at the time of issuance of the certificate, the building, structure and premises in question and the use made or to be made of same are in compliance with the various ordinances and codes of the city regulating the construction and use of buildings, structures and premises.

(c)

Each application for a building permit and each application for a certificate of occupancy and compliance shall state the use to be made of the premises, building or structure, in addition to such other relevant information as may be required by other laws and regulations of the city and such other information as may reasonably be required by the building official in order to determine applicant's compliance with this chapter.

(Ord. No. 97-8, § 1, 7-17-97; Ord. No. 2010-05, § 1, 3-18-10)

Cross reference— Buildings and building regulations, Ch. 5.

Failure of an applicant or any of his/her agents, representatives or contractors to erect, construct, reconstruct, alter, use or maintain any building, structure or premises in conformance with the approved plans upon which a building permit was issued, shall render such building permit void, and the building official is hereby authorized and directed to revoke any such permit by giving written notice to the applicant or his/her agent or representative, and all work upon such building, structure or premises shall be immediately discontinued until such building, structure or premises shall be brought into conformance with the approved plans and with all applicable provisions of this chapter.

(Ord. No. 2010-05, § 1, 3-18-10)

(a)

There is hereby created a board of adjustment and appeals consisting of five (5) members and two (2) alternates each to be appointed by the city council for a term of two (2) years. The members may be removed for cause by the city council on written charges and after public hearing.

(b)

Vacancies shall be filled by the city council by the appointment of a suitable person to serve out the unexpired term of any member or alternate whose place on the board has become vacant for any cause.

(Ord. No. 97-8, § 1, 7-17-97)

Qualifications for members of the board of adjustment and appeals throughout their tenure are as follows:

(1)

They must be residents of the city throughout tenure and at least two (2) years continuously preceding appointment;

(2)

They must own real property in the city;

(3)

They must be qualified voters of the city;

(4)

They must be knowledgeable in affairs of the city and in functions and activities of the board of adjustment and appeals;

(5)

They must not be an employee of the city and must not serve on the planning and zoning commission or city council.

(Ord. No. 97-8, § 1, 7-17-97)

(a)

The board of adjustment and appeals may adopt rules to govern its proceedings. Such rules shall not be inconsistent with this chapter.

(b)

Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine.

(c)

The chairman, or in his absence, the acting chairman, may administer oath.

(d)

All meetings of the board shall be open to the public.

(e)

The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if a member is absent, or fails to vote, indicating such fact, and the board shall keep records of its examinations and other official actions.

(f)

The board shall hold a public hearing on all applications and appeals made thereto. The hearing shall be held within a reasonable time not to exceed ninety (90) days after the application is filed with the board or the building official. At the hearing any party may appear in person or by attorney or by agent.

(g)

Written notice of such public hearing shall be given to the applicant and all of the persons who are the owners of real property lying within two hundred (200) feet of the property on which the application or appeal is made. Such notice shall be given not less than ten (10) days before the date set for the hearing to such owners as the ownership appears on the last approved city tax roll. Such notice shall be given by personal delivery or by depositing the same, properly addressed and postage paid, in an official depository of the United States Post Office. Notices which are personally delivered are deemed given on the date actually received. Notices which are mailed are deemed given upon deposit as aforesaid. Notice shall also be given by publishing the same at least one (1) time in the official city newspaper or in a newspaper of general circulation in the city at least ten (10) days prior to the date of such hearing.

(h)

The board shall decide all matters coming before it within a reasonable time not to exceed forty-five (45) days after conclusion of the hearing.

(Ord. No. 97-8, § 1, 7-17-97)

The board of adjustment and appeals shall have the following jurisdiction:

(1)

In accordance with article X of this chapter, to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the building or other administration official in the enforcement of this chapter;

(2)

In accordance with article VIII of this chapter, to hear and decide special exceptions to the terms of this chapter upon which the board is required to pass under this chapter, including the alteration of nonconforming uses and structures under article V of this chapter;

(3)

In accordance with article IX of this chapter, to authorize upon appeal in special cases such variances from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done; and

(4)

To determine the existence of a lawful, nonconforming use and structure on motion of any affected person.

(Ord. No. 97-8, § 1, 7-17-97; Ord. No. 2000-3, § 5, 5-18-00)

(a)

In exercising its powers the board may, in conformity with the provisions of V.T.C.A., Local Government Code, ch. 211, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken.

(b)

The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the application on any matter upon which it is required to pass under this chapter or to grant any variance in this chapter.

(c)

Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustments and appeals or any taxpayer or any officer, department or board of the city may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the board and not thereafter.

(Ord. No. 97-8, § 1, 7-17-97)

The planning and zoning commission established by the city council in accordance with the City Charter may in this chapter be referred to as the "Commission."

(Ord. No. 97-8, § 1, 7-17-97)

The city council may from time to time, after receiving a recommendation thereon by the planning and zoning commission and after public hearings required by law, amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts specified on the zoning map. Any amendment to the zoning ordinance text or to zoning district boundaries may be ordered for consideration by the city council, may be initiated by the planning and zoning commission, or may be requested by the owner of real property (or his/her authorized representative).

(Ord. No. 2010-05, § 1, 3-18-10)

(a)

The commission shall make a recommendation (a "final report") to the city council regarding any amendments to the regulations applicable within any zoning district, any proposed change of the zoning district designation applicable to any property, any comprehensive revision of this chapter, the original zoning of property newly annexed to the city, any request for a special permit under article VII, and issues regarding new unlisted uses under section 25-123.

(b)

The commission shall hold a public hearing on all zoning matters with respect to which it is charged with the duty to make recommendations to the city council. The hearing shall be held within sixty (60) days, or such greater amount of time as may be agreed by the commission and the applicant, after the date the application concerning such matter is filed with the building official.

(c)

Notice of the public hearing before the commission shall be published one (1) time, no less than fifteen (15) days before the hearing, in the official city newspaper or in another newspaper of general circulation in the city. In addition, in cases involving a request for a change of zoning district designation of a particular property, or a request for a special permit, written notice of the public hearing before the commission shall be given, no less than ten (10) days before the hearing, to all owners of real property, as they appear on the current city tax roll, within two hundred (200) feet of the property on which the change or special permit is proposed. Such notice may be personally delivered or mailed. If personally delivered, it shall be deemed to have been given on the date actually received, and if mailed, it shall be deemed to have been given on the date of deposit in an envelope properly addressed, postage prepaid, in an official depository of a United States Postal Service.

(d)

After holding its public hearing, the commission shall make its final report to the city council. If an application is filed with the building official concerning a zoning matter with respect to which the commission is charged with a duty to report to the city council or with respect to which the city council cannot act without first receiving the commission's final report and the commission fails to make its final report to the city council within thirty (30) days, or such greater amount of time as may be agreed upon by the commission and the applicant, after the date of the public hearing held by the commission, then it shall be automatically deemed that the commission's final report was given to the city council and received by the city council on the day immediately following said deadline date and it shall be further deemed that the final report constitutes a recommendation by the commission to the city council to deny the application.

(e)

After receipt, whether actual or deemed, of the final report of the commission, the city council shall hold a public hearing on the matter.

(f)

Notice of the public hearing before the city council shall be published, at least fifteen (15) days prior to the hearing, one (1) time in the official city newspaper or in another newspaper of general circulation in the city. The notice shall state the time and place of the hearing.

(g)

The city council shall not make its decision until after its public hearing has been held.

(h)

With respect to matters concerning a change of a zoning classification of a property or a request for a special permit, if written protest is filed by owners of twenty (20) percent or more of the area of land covered by the proposed change or by owners of twenty (20) percent or more of the area of land within two hundred (200) feet of the subject property, an amendment or change shall not become effective except by favorable vote of at least three-fourths (¾) of all members of the city council.

(Ord. No. 97-8, § 1, 7-17-97; Ord. No. 2000-3, § 3, 5-18-00; Ord. No. 2010-05, § 1, 3-18-10)

(a)

The city council, by resolution, shall establish fees to be charged for the various applications, appeals, requests and permits required or permitted under this chapter.

(1)

All required fees shall be made payable to "The City of Port Aransas."

(2)

An applicant who has paid the appropriate fee pursuant to submission of an application but who chooses to withdraw such application prior to any notification, review, or action taken, shall be entitled to a refund of fifty (50) percent of the total amount paid upon written request to the city.

(3)

The administrator may waive or reduce development-related fees on a case-by-case basis. The following criteria shall be used by the administrator to evaluate such requests:

a.

The city is requesting a change to the approved plat.

b.

The applicant is resubmitting a previously approved plat for minor changes that will not generate full engineering and/or staff reviews.

(4)

Payment of all indebtedness attributable to the subject property: No person who owes delinquent taxes, fines, impact fees, or any other delinquent debts or obligations to the City of Port Aransas, and which are directly attributable to a piece of property shall be allowed to submit any application for any type of development review until the taxes, fines, impact fees, debts, or obligations directly attributable to said property and owed by the owner or previous owner thereof to the City of Port Aransas shall have been first fully discharged by payment, or until an arrangement satisfactory to the city has been made for the payment of such debts or obligations. It shall be the applicant's responsibility to provide evidence or proof that all taxes, fees, etc. have been paid, or that other arrangements satisfactory to the city have been made for payment of said taxes, fees, etc.

(b)

Required public notice.

(1)

Summary of notice required. Notice shall be required for development review as shown in the following table.

(c)

Required hearings and reviewing body. The following table illustrates the types of review requiring a public hearing and the review body responsible for conducting the hearing.

(Ord. No. 97-8, § 1, 7-17-97; Ord. No. 2010-05, § 1, 3-18-10)

Any conduct violative of any provision of this chapter is unlawful. Each day a violation continues or occurs constitutes a separate violation punishable as such. Each violation is punishable by a fine not to exceed two thousand dollars ($2,000.00).

(Ord. No. 97-8, § 1, 7-17-97)

Any person who violates any provision of this chapter or any permit, license, or order of a city official implementing or enforcing this chapter is subject to a civil penalty of up to two thousand dollars ($2,000.00) for each violation and for each day of violation, as the court may deem proper.

(Ord. No. 97-8, § 1, 7-17-97)

(a)

Purpose, applicability and effect.

(1)

Purpose: The purpose of a vested rights petition is to determine whether one (1) or more standards of this zoning ordinance should not be applied to a development application by operation of state law, or whether certain permits are subject to expiration.

(2)

Applicability: A vested rights petition may be filed for an application for a site plan in a zoning change request, a planned development zoning district, a specific use permit, or any other type of development application authorized in this chapter. A vested rights petition may not be filed with a petition for a text amendment, a zoning map amendment or any other request for a legislative decision by the city council.

(3)

Effect: Upon granting of a vested rights petition in whole or in part, the city manager (or his/her designee) shall process the development application and the city council shall decide the application in accordance with the standards specified in the relief order based on prior ordinance requirements or development standards.

(b)

Petition requirements.

(1)

Who may petition: A vested rights petition may be filed by a property owner or the owner's authorized agent with any application authorized in this chapter.

(2)

Form of petition: The vested rights petition shall allege that the petitioner has a vested right for some or all of the land subject to the development application under Texas Local Government Code, Chapter 245 or successor statute, or pursuant to Texas Local Government Code, Section 43.002 or successor statute, that requires the city to review and decide the application under standards in effect prior to the effective date of the currently applicable standards. The petition shall include the following information and documents:

a.

A narrative description of the grounds for the petition;

b.

A copy of each approved or pending development application which is the basis for the contention that the city may not apply current standards to the development application which is the subject of the petition;

c.

Identification of all standards otherwise applicable to the development application from which relief is sought;

d.

Identification of any current standards which petitioner agrees can be applied to the development application at issue;

e.

A narrative description of how the application of current standards affect proposed lot size, lot dimensions, lot coverage or building size shown on the petition for which the petition is filed; and

f.

A copy of any prior vested rights determination involving the same land.

(3)

Time for filing petition: A vested rights petition shall be filed with a development application for which a vested right is claimed. Where more than one (1) application is authorized to be filed by this chapter, the petition may be filed simultaneously for each application.

(c)

Processing of petitions and decision.

(1)

Responsible official: The city manager (or his/her designee) is responsible for processing the development application with which the petition is associated. The city manager (or his/her designee) shall promptly forward a copy of the vested rights petition to the city attorney following acceptance.

(2)

Decision by city council: The city council is the final decision-maker on all vested rights petitions. The petitioner may submit a written request that the vested rights petition be immediately forwarded to the council for a determination. The request must be accompanied by a waiver of the time for decision on the application imposed under this chapter pending decision by the council on the petition, which shall stay further proceedings on the application. Upon receipt of the request, the city manager (or his/her designee) shall prepare a recommendation and forward the matter to the council for decision, which shall decide the petition within sixty (60) calendar days of the petitioner's request. If no written request for council referral is filed, the council shall decide the vested rights petition with its decision on the development application.

(d)

Action on petition and order.

(1)

Action on the petition: The city council may take any of the following actions on a vested rights petition:

a.

Deny the relief requested in the petition, and direct that the development application shall be reviewed and decided under currently applicable standards;

b.

Grant the relief requested in the petition, and direct that the petition shall be reviewed and decided in accordance with the standards contained in identified prior regulations; or

c.

Grant the relief requested in part, and direct that certain identified current standards shall be applied to the development application, while standards contained in identified prior regulations also shall be applied.

(2)

Order on petition: The city manager's (or his/her designee's) report and each decision on the vested rights petition shall be memorialized in an order identifying the following:

a.

The nature of the relief granted, if any;

b.

The approved or filed development application(s) upon which relief is premised under the petition;

c.

Current standards which shall apply to the development application for which relief is sought;

d.

Prior standards which shall apply to the development application for which relief is sought, including any procedural standards;

e.

The statutory exception or other grounds upon which relief is denied in whole or in part on the petition; and

f.

To the extent feasible, subordinate development applications that are subject to the same relief granted on the petition.

(e)

Criteria for approval.

(1)

Factors: The city council shall decide the vested rights petition based upon the following factors:

a.

The nature and extent of prior development applications filed for the land subject to the petition;

b.

Whether any prior vested rights determinations have been made with respect to the property subject to the petition;

c.

Whether any prior approved applications for the property have expired or have been terminated in accordance with law;

d.

Whether current standards otherwise applicable affect lot size, lot dimensions, lot coverage or building size based upon the proposed development application;

e.

Whether any statutory exception applies to the standards in the current zoning ordinance from which the applicant seeks relief;

f.

Whether any prior approved applications relief upon by the petitioner have expired.

(2)

Conditions: If the claim of vested rights under a petition is based upon a pending application subject to standards that have been superseded by current standards under this chapter, the city council may condition any relief granted on the petition on the approval of the application under such prior standards.

(f)

Application following final decision on petition.

(1)

Following the city's final decision on the vested rights petition, the property owner shall conform the development application for which relief is sought to such decision. The city council shall consider any application revised under this subsection in accordance with the procedures for deciding the initial application under this chapter and in conformity with the relief granted on the petition. If the relief granted on the vested rights petition is consistent with the development application on file, no revisions are necessary. If proceedings have been stayed on the development application pending referral of the vested rights petition to the city council, proceedings on the application shall resume after the council's decision on the vested rights petition.

(g)

Expiration and extension.

(1)

Expiration: Relief granted on a vested rights petition shall expire on occurrence of one (1) of the following events:

a.

The petitioner or property owner fails to submit a required revised development application consistent with the relief granted within thirty (30) days of the final decision on the petition;

b.

The development application for which relief was granted on the vested rights petition is denied under the criteria made applicable through the relief granted on the petition;

c.

The development application for which relief was granted on the vested rights petition expires; or

d.

Sale or transfer of property.

(2)

Extension: Extension of the date of expiration for the development application for which relief was granted on a vested rights petition shall result in extension of the relief granted on petition for a like period.

(h)

Dormant projects.

(1)

Definitions: For purposes of this section only:

a.

Initial permit means any of the following types of approvals granted under this zoning ordinance, as amended, or any predecessor zoning, subdivision or development ordinance: site plan, landscape plan, concept plan, zoning change request, specific use permit, variances or any other application that was approved subject to a schematic drawing illustrating the location, arrangement, orientation or design of land uses, lots or improvements on a site intended for development.

b.

Final permit means a building permit, certificate of occupancy, or final plat approved under the subdivision ordinance, as amended, or any predecessor zoning, subdivision or development ordinance.

(2)

Expiration of permits: Any application for an initial permit that was approved or filed before, but that was not subject to an expiration date, one (1) year prior to the adoption date of this chapter, and that was under the zoning or subdivision ordinances, as amended, or any predecessor zoning, subdivision or development ordinance, shall expire on the effective date of this chapter.

(3)

Reinstatement: The owner of the land subject to an initial permit that expires under subsection (h)(2) above may petition the city council to reinstate such zoning permit by filing a written petition within sixty (60) calendar days of the effective date of this chapter. The petition shall clearly state the grounds for reinstatement, and shall be accompanied by documentation of one (1) of the following:

a.

As of one (1) year prior to the adoption date of this chapter, one (1) of the following events had occurred:

1.

A final permit for all or part of the land subject to the approved initial permit was approved, or was filed and was subsequently approved;

2.

An application for a final permit was submitted for all or part of the land subject to the expired initial permit, but such application was rejected on grounds of incompleteness;

3.

Costs for development of the land subject to the initial permit, including but not limited to costs associated with roadway, utility and other infrastructure facilities designed to serve the land in whole or in part, but exclusive of land acquisition costs, were incurred in the aggregate amount of five (5) percent of the most recent appraised market value of the land;

4.

Fiscal security was posted to ensure performance of an obligation required for all or a part of the land subject to the approved initial permit; or

5.

Utility connection fees or impact fees for all or part of the land subject to the approved initial permit were paid.

b.

After two (2) years prior to the adoption date of this chapter but before the expiration date specified in subsection (h)(2) above, one (1) of the following events had occurred:

1.

A final permit was approved for all or part of the land subject to the approved zoning change, and remained in effect for such land on such expiration date; or

2.

A complete application for approval of a final permit for all or part of the land subject to the approved initial permit was pending for decision on such expiration date.

(4)

Council action on reinstatement: The city council may take one (1) of the following actions:

a.

Reinstate the expired initial permit without an expiration date, if it finds that the petitioner has met any one (1) of the criteria listed in subsection (h)(3)a. above;

b.

Reinstate the initial permit for all or part of the land subject thereto, if it finds that the petitioner has met any one (1) of the criteria listed in subsection (h)(3)b. above, subject to such expiration dates or other conditions that assure that the remaining land that is not subject to an approved or pending final permit application will be developed in a timely fashion. In granting relief under this provision, the council may require that development of such remaining land is subject to standards enacted after approval of the initial permit;

c.

Deny the petition, if it finds that the petitioner has failed to meet any of the criteria in subsection (h)(3); or

d.

Reinstate the permit for only that part of the land subject to a pending final permit application, if it finds that the petitioner has met the criteria in subsection (h)(3)b.2. above and the pending application subsequently was approved, and deny the petition for the remaining land subject to the expired initial permit.

(Ord. No. 2010-05, § 1, 3-18-10)