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Red Oak City Zoning Code

ARTICLE 2

ADMINISTRATIVE, ENFORCEMENT AND REVIEW

§ 1 ADMINISTRATIVE OFFICIAL.

2.1.1 
Except as otherwise specifically provided, primary responsibility for administering and enforcing this Ordinance shall be assigned by the City Council to the Administrative Official.
(Ordinance 07-15 adopted 7/9/07; Ordinance 17-030 adopted 8/14/17)

§ 2 PLANNING AND ZONING COMMISSION.

2.2.1 
Membership; Officers
A. 
The Commission shall consist of five (5) regular members and two (2) alternate members appointed by the City Council as set forth by Ordinance. The Commission shall elect from its membership a chairman, vice-chairman, and secretary. The Secretary shall keep minutes of all meetings held by the Commission and full record of all recommendations to be made by the Commission to the City Council.
B. 
Upon request of the Commission, the City Council may, at its discretion, appoint as an ex-officio member of the Commission a person residing in the City’s extraterritorial jurisdiction.
2.2.2 
Quorum; Voting
a. 
Three (3) regular or alternate members of the Commission shall constitute a quorum. All members, when acting as regular members, including the presiding chairman, shall have the right to vote on a posted agenda item. To be effective, all actions by the Commission shall require three (3) votes.
b. 
Alternate members shall serve in the absence of one or more regular members when requested to do so by the Administrative Official.
2.2.3 
Meetings
The Commission shall meet not less than once each month in the City Hall at a time designated by the Chairman, or Vice-Chairman in the absence of the Chairman, and at such intervals as may be necessary to orderly and properly transact the business of the Commission.
2.2.4 
Duties and Zoning Responsibilities
The Commission shall be an advisory body to the City Council, and shall make recommendations regarding amendments to the Comprehensive or Master Plan, changes of zoning and permanent zoning to be given to newly annexed areas, and shall make recommendations regarding the approval of preliminary plats as may be submitted to it by the City Council. The Commission shall serve in an advisory capacity on any planning-related item(s) in the City and the Commission shall approve final plats.
(Ordinance 07-15 adopted 7/9/07; Ordinance 17-030 adopted 8/14/17)

§ 3 ZONING BOARD OF ADJUSTMENT.

2.3.1 
Creation
There is created a Board to be known as the Board of Adjustment.
2.3.2 
Members and Terms of Office
The Board of Adjustment shall consist of five (5) regular members and four (4) alternate members who shall be appointed by the City Council in accordance with Texas Local Government Code, Chapter 211, to serve for two (2) years terms commencing June 1st of the year of appointment or until their successors are duly appointed.
2.3.3 
Appointment of Members
Following the regular City Council election of offices in May of each year, the City Council shall appoint members to the Board of Adjustment to fill those offices being vacated on May 31 of that year, so that three (3) regular members and two (2) alternate members shall be appointed to two (2) year terms in one (1) year, and two (2) regular members and two (2) alternate members shall be appointed for two (2) year terms in the alternate year.
2.3.4 
Powers of Board of Adjustment
The Board of Adjustment shall have the following powers:
A. 
to perform those duties as are provided for in Texas Local Government Code, Chapter 211 and Articles 3 and 4 hereof;
B. 
the power to hear and decide any special exception which the Board is authorized by ordinance or law to grant; and
C. 
to authorize upon appeal in specific cases such variance from the zoning provisions of this Ordinance as will not be contrary to public interest, where, owing to special conditions, a literal enforcement of the provisions of the Ordinance will result in unnecessary hardship, and so that the spirit of the Ordinance shall be observed and substantial justice done.
2.3.5 
Service of Alternate Members
Alternate members shall serve in the absence of one or more regular members when requested to do so by the Administrative Official.
(Ordinance 07-15 adopted 7/9/07; Ordinance 21-048 adopted 12/13/21)

§ 4 CITY COUNCIL.

2.4.1 
Recommendation.
The City Council, prior to making any decision on a change of zoning, modification of the Zoning Map or other Articles of this Ordinance, shall first consider the recommendation of the Commission on such matter.
2.4.2 
Legislative Capacity
In considering proposed changes pertaining to zoning standards in the text of this Ordinance or in the zoning map, the Council acts in its legislative capacity.
(Ordinance 07-15 adopted 7/9/07; Ordinance 21-048 adopted 12/13/21)

§ 5 DEVELOPMENT COMMITTEES.

2.5.1 
Purpose.
The City Council may appoint development committees for the purpose of transmitting information from the community to the Commission only on matters pertaining to the Comprehensive Plan. The committees shall be advisors only to the Commission and shall function under the supervision and rules as may be prescribed by the Commission.
2.5.2 
Organization
The City Council may appoint development committees for each of the major planning elements in the Comprehensive Plan. Among the committees to be formed are those for land use and zoning, street and thoroughfares, parks and recreation, city utilities, public buildings and facilities, urban design, and capital improvement programming and finance.
2.5.3 
Membership
The City Council shall appoint a member of the Commission to be a chairman for each committee. The Commission shall recommend to the City Council the membership for each standing committee that may be required to maintain the Comprehensive Plan.
(Ordinance 07-15 adopted 7/9/07; Ordinance 21-048 adopted 12/13/21)

§ 6 COMPLAINTS REGARDING VIOLATIONS.

2.6.1 
Generally.
Whenever the Administrative Official receives a written, signed complaint alleging a violation of this Ordinance, he shall investigate the complaint and take appropriate action.
(Ordinance 07-15 adopted 7/9/07; Ordinance 21-048 adopted 12/13/21)

§ 7 PARTIES LIABLE.

The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participated in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this Ordinance may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.
(Ordinance 07-15 adopted 7/9/07; Ordinance 21-048 adopted 12/13/21)

§ 8 PROCEDURES UPON DISCOVERY OF VIOLATIONS.

2.8.1 
Notice.
If the Administrative Official finds that any provision of this Ordinance is being violated, he shall send a written notice to the person responsible for such violation, including the nature of the violation and ordering the action necessary to correct. Additional written notices may be sent at the Administrative Official’s discretion.
2.8.2 
Appeals
The final written notice (and initial written notice may be the final notice) shall state what action the City intends to take if the violation is not corrected and shall advise that the Administrative Official’s decision or order may be appealed to the Board of Adjustment in accordance with Article 3, Section 3 if a zoning matter, or the Commission in a platting matter.
2.8.3 
Delay
Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this Ordinance or pose a danger to the public health, safety or welfare, the Administrative Official may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in this Article.
(Ordinance 07-15 adopted 7/9/07; Ordinance 21-048 adopted 12/13/21)

§ 9 PENALTIES AND REMEDIES FOR VIOLATIONS.

2.9.1 
Penalties.
Any person, firm or corporation who shall violate any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine not to exceed two thousand [dollars] ($2,000) and each day that such violation continues shall constitute a separate offense and shall be punishable accordingly.
(Ordinance 07-15 adopted 7/9/07; Ordinance 21-048 adopted 12/13/21)