(a)

Enforcement. It shall be the duty of the building official to refuse to approve issuance of any permit for any building or structure, or for the use of any premises which would violate any of the provisions hereof, and the building official or any deputy working under his direction may cause any building, structure, place, or premise to be inspected and examined for the purpose of determining conformance to this chapter, and order in writing the remedy of any condition found to exist therein or thereat in violation of any provision thereof.

(b)

Building permits.

(1)

No building or structure shall be erected, altered, divided, reconstructed, converted, moved, remodeled, or added to until a building permit has been filed and approved by the building official.

(2)

No building permit shall be issued by the building official unless there shall first be filed by the applicant two copies of complete plans and specifications, showing the locations of such building and all accessory buildings, with measurements from all lot lines to all foundation lines of all buildings, and such other information as may be necessary to determine and provide for the enforcement of this chapter, together with a true statement, in writing, signed by the owners, showing the use for which such building is intended, and such permit fees as may be required by law have been paid.

(c)

No building permit shall be issued by the building official unless such plan shall show in every detail that such building is to be erected and used in conformity with all of the provisions of this chapter.

(d)

A record of such applications and plans shall be kept in the office of the City of Shoreacres. Failure of any applicant or of his agents or employees to erect, alter, move, or maintain any buildings in conformance with such plans on which such permit is issued, when such failure constitutes a violation of any provisions of this chapter, shall render such permit void. The building official is hereby authorized and directed to revoke any such permit by giving written notice to the applicant or his agents or employees, and all work upon such building shall be immediately discontinued on the serving of such notice until such buildings shall be changed so as to comply with such plans and permits.

(e)

The City of Shoreacres shall require appropriate fees to be paid for the issuance of a building permit. The fees shall be set by the city.

(f)

Construction must be completed within one year of starting date. If the structure is not complete after one year, the permit holder must reapply and repay for a permit and be approved by the building official.

(g)

The building permit must be posted and maintained in a prominent place at the construction site throughout the construction period.

(Ord. No. 2002-16, § 14, 6-24-2002)

(1)

No building hereafter erected or structurally altered shall be used, occupied, or changed in use until a certificate of occupancy and compliance has been issued by the building official, stating that the building or proposed use of a building or premises complies with the building laws and the provisions of these regulations and all city ordinances.

(2)

Certificates of occupancy and compliance shall be applied for coincident with the application for building permits and shall be issued within ten days after erection or structural alterations of such building shall have been completed in conformity with the provisions of these regulations, to the extent that all of the exterior thereof shall be 100 percent completed and finished and the interior thereof shall be at least 80 percent completed and finished.

(Ord. No. 2002-16, § 15, 6-24-2002)

A zoning commission of the City of Shoreacres, Texas, has been duly appointed, to consider and recommend the boundaries of the zoning districts and appropriate regulations to be enforced therein; that all proposals for the rearrangement and amendments of the zoning ordinances of the City of Shoreacres, Texas, and all proposals for the incorporation of any new features therein were referred to such commission; that filing its preliminary report and recommendations and after notice duly given in the manner and time required by law to all interested parties and persons, said zoning commission duly held a public hearing upon such preliminary report and recommendations, and thereafter submitted its final report and recommendations to the City Council of the City of Shoreacres, Texas, which after notice duly given in the manner and time required by law to all interested parties and persons, also held a public hearing on said final report and recommendations, at which hearing all persons desiring to be heard on any and all of such proposals were duly heard; that the City of Shoreacres, Texas, is a residential community in Harris County, Texas, and the greater part of the property within its limits has been restricted to private residential purposes by the owners thereof; that the street, water and sanitary sewer systems of the city have been designated and constructed to take care of such limited use of the land therein and would prove inadequate for more congested use; available land for trade or business uses is limited and there is and has been no significant demand for such uses; that it is the desire of the residents of the City of Shoreacres, Texas, and the city council thereof, to preserve the present residential character of the city and the public improvements therein; that the problems of the surface drainage and transportation, health, safety and welfare are difficult for the city to cope with unless it remains a residential community with no substantial increase in the number of homes per acre; that in view of these factors which could be enumerated, the health, safety, and general welfare of the inhabitants of the City of Shoreacres, Texas will be promoted by lessening congestion on the streets, securing greater safety from fire, panic and other dangers, providing more adequate light and air, preventing the overcrowding of land, avoiding undue congestion of population, facilitating more adequate provisions for sanitation, transportation, safety, water, sewerage and other public improvements through the enactment of this chapter.

(Ord. No. 2002-16, § 1, 6-24-2002)

There is hereby created a board of adjustment consisting of five members, with two alternate members, as provided by V.T.C.A. Civil Statutes Art. 1011g, as amended.

(Ord. No. 73, § 16(a), 3-28-1966; Ord. No. 173, § 1, 1-10-1977; Ord. No. 2002-16, § 16(a), 6-24-2002)

The board may adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with Article 1011g, Vernon's Annotated Texas Statutes, [V.T.C.A. Civil Statutes Art. 1011g] as amended, and provided that such rules and regulations shall not become effective until approved by the city council of the City of Shoreacres, Texas. Meetings of the board shall be held at the call of the chairman and at such times as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote, indicate such facts, and shall keep records of its examinations and other official actions, all of which shall be filed immediately in the office of the board and shall be public record.

(Ord. No. 73, § 16(b), 3-28-1966; Ord. No. 2002-16, § 16(b), 6-24-2002)

Appeals to the board of adjustment can be made by any person aggrieved or by any officer or department of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time as may be provided by the rules of the board of adjustment by filing with the officer from whom the appeal is taken and with the board of adjustment, a notice of appeal specifying the grounds thereof and shall otherwise be governed by the provisions of V.T.C.A. Civil Statutes, Art. 1011g, as amended. Decisions of the board of adjustment are available for review on petition presented to the District Court of Harris County, Texas, within ten days after filing of such decision, as provided in said Art. 1011g.

(Ord. No. 73, § 16(c), 3-28-1966; Ord. No. 2002-16, § 16(c), 6-24-2002)

(a)

The board of adjustment shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter.

(2)

To hear and decide special exceptions to the terms of the chapter upon which the board is required to pass under this chapter.

(3)

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

(b)

In exercising its powers the board may, in conformity with provisions of articles 1011-A and including 1011-J of the 1925 Civil Statutes of Texas, reverse or affirm, wholly or partly, or may modify the 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.

(c)

The concurring vote of four members of the board shall be necessary to revise 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 effect any variance in said chapter.

(Ord. No. 73, § 16(d)—(f), 3-28-1966; Ord. No. 2002-16, § 16(d)—(f), 6-24-2002)

When a member is unable to serve on the board of adjustment during a scheduled meeting of the board or for the purpose of acting upon a specific matter before the board, the mayor or the city secretary will request an alternate member to serve in such member's place; and the name of the alternate shall be given to the chairman. If both the chairman and the member designated as alternate to the chairman are absent, the mayor shall appoint another member or an alternate member to serve as acting chairman.

(Ord. No. 86-4, § 3, 4-14-1986)