(a)

Violations and penalties. Any person who shall violate any provision of this chapter, or who shall fail to comply herewith, or with any requirement hereof, or who shall erect or alter any building, or who shall commence to erect or alter any building in violation of any detailed statement or plan submitted or approved hereunder, shall for each and every violation or noncompliance be deemed guilty of a misdemeanor and shall be fined in an amount not to exceed $2,000.00, and each day such violation shall be permitted to exist shall constitute a separate offense. The owner of the building or premises in violation of this chapter or any architect, builder, contractor, agent or corporation employed in connection therewith who may have assisted in the commission of any such violation shall be guilty of a separate offense, and upon conviction thereof, shall be subject to the penalties herein provided.

(b)

Zoning official. The provisions of this chapter shall be administered and enforced by the zoning official of the village. The zoning official shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter. Whenever any construction work is being done contrary to the provisions of this chapter, the zoning official may order the work stopped by notice in writing served on the owner or contractor doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the zoning official to proceed with the work.

(Ord. No. 10-04-01(2), § 12.306, 4-27-2010)

(a)

Responsibilities of the board of adjustment are to hear an appeal that alleges error in an order or decision of the zoning officer pertaining to the village zoning ordinance text or map and to make special exceptions to the zoning ordinance.

(1)

The composition of the board of adjustment will be the members of the village board of aldermen.

(2)

The following may appeal to the board of adjustment a decision made by the zoning official:

a.

Board of aldermen on its own motion.

b.

Planning and zoning commission.

c.

Request by the owner, or agent of owner, of the property.

(b)

The board of adjustment shall hold meetings as necessitated by requests for rulings on ordinance interpretation and variances. The meeting shall be open to the public.

(c)

The board of adjustment shall keep a record of its resolutions, transactions, findings and determinations, which shall become items of public record.

(d)

The board of adjustment shall be authorized to grant variances from the village zoning ordinance if the variance is not contrary to the public interest and, a literal enforcement of the ordinance would result in unnecessary hardship.

(e)

The board of adjustment may reverse, affirm or modify the zoning official's decision with the vote of four members of the board.

(Ord. No. 10-04-01(2), § 12.307, 4-27-2010; Ord. No. 10-08-01, § 1, 8-10-2010)

There is hereby created and established, within and for the village, a body to be known as the village planning and zoning commission (also referred to as the commission), whose offices are hereby created and established.

(Code 1994, § 12.101; Ord. No. 10-84-4, § 1, 10-9-1984; Ord. No. 11-20-01, § 1(Exh. A), 11-17-2020)

(a)

The commission shall be composed of five members appointed by the board of aldermen and its members shall hold office at the pleasure of the board of aldermen.

(b)

The chairperson of the commission shall be elected from the commission by a majority vote of the entire commission, once every two years.

(c)

The members of the commission shall serve without compensation.

(Code 1994, § 12.102; Ord. No. 10-84-4, § 2, 10-9-1984; Ord. No. 11-20-01, § 1(Exh. A), 11-17-2020)

(a)

Persons appointed to the commission should either be well known to members of the board of aldermen or carefully screened by such body prior to appointment to the office of commissioner.

(b)

The commission should be composed of a representative cross-section of the village, including persons with public, private, and community interests. Appointment should be made without regard to wealth, station, position, age, race or creed, providing that qualifications are met.

(c)

In order to qualify to be appointed to the commission, a person must: (1) be a homeowner in the village; (2) have resided in the Village for at least 12 months; and (3) be 18 years of age or older on the date of appointment.

(d)

Members of the commission shall serve for a period of two years from the date of their appointment.

(e)

Three successive unexcused absences from the meetings of the commission, when due and proper notice of the time and place of such meetings has been given, shall automatically disqualify a member from continuing to serve on the commission. Absences may be excused only by a majority vote of the commission.

(f)

Vacancies occurring on the commission, for whatever reason, shall be filled by the board of aldermen. Such appointments shall be for the remaining term of the office vacated.

(Code 1994, § 12.103; Ord. No. 10-84-4, § 3, 10-9-1984; Ord. No. 6-89-1, 6-19-1989; Ord. No. 11-20-01, § 1(Exh. A), 11-17-2020)

(a)

The commission shall, subject to the approval of the board of aldermen, make such rules and regulations and adopt such bylaws for its own governance and designate such times and places for holding meetings as it deems proper. Such meetings shall be noticed and conducted in accordance with the state Open Meetings Law or such other statutes as may apply from time to time. Closed meetings, working sessions, or executive sessions of the commission are allowed when deemed necessary and proper to the public interest and not in conflict with state law.

(b)

Three members shall constitute a quorum for the conduct of business.

(c)

At any regular or properly called meeting of the commission, the necessary quorum being present, a majority vote shall prevail; provided that there be no statute, law, or ordinance to the contrary.

(d)

In the absence of a law, statute, ordinance or other device to the contrary, the business of the commission meetings shall be governed by Robert's Rules of Order, as most recently revised.

(Code 1994, § 12.104; Ord. No. 10-84-4, § 4, 10-9-1984; Ord. No. 8-88-2, 8-9-1988; Ord. No. 11-20-01, § 1(Exh. A), 11-17-2020)

The commission primarily acts in an advisory capacity to the board of aldermen on issues related to zoning. The commission studies issues, oversees the preparation of plans and ordinances, and reviews and advises the board on change requests related to zoning ordinances.

(Code 1994, § 12.105; Ord. No. 10-84-4, § 5, 10-9-1984; Ord. No. 11-20-01, § 1(Exh. A), 11-17-2020)

It is intended that the commission act as an advisory and planning body with only such powers as have been given it by either this article or such ordinances or resolutions promulgated by the board of aldermen. Nothing in this article shall be construed in any way so as to substitute, limit, delegate, condition, restrict or take the place of the legal duties of the board of aldermen, individually or as a body, and if any part of this article has this effect then the part is so voided.

(Code 1994, § 12.106; Ord. No. 10-84-4, § 6, 10-9-1984; Ord. No. 11-20-01, § 1(Exh. A), 11-17-2020)

(a)

Initiation. A proposed zoning change can be initiated by the board of aldermen, the planning and zoning commission or by written request of a property owner or their agent.

(b)

Proceedings before the planning and zoning commission. A proposed change to zoning district boundaries or zoning district regulations must first be submitted to the planning and zoning for recommendation. The commission shall approve a preliminary report of the proposed zoning change, set a time and date for a public hearing on that report, provide such notice of the hearing as is required by state law, and conduct the public hearing. The notice of the public hearing shall include mailed notice to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of any property that is to be rezoned and mailed notice to the local school district if the zoning change will affect residential or multi-family zones.

(c)

Final report by the commission. After the conclusion of the public hearing, and such other proceedings as the commission deems advisable, the commission shall issue a final report to the board of aldermen recommending approval or denial of the proposed zoning change.

(d)

Proceedings before the board of aldermen. The recommendation of the Commission shall be presented to the board of alderman for their consideration. The board of aldermen shall schedule a public hearing on the proposed zoning change and shall provide for the publication of notice of that hearing in the city's official newspaper at least 15 days before the date of the public hearing. The notice shall include a brief description of the proposed zoning change and information on the date and time of the public hearing.

(e)

Public hearing and decision by the board of aldermen. The board of aldermen shall conduct a public hearing on the proposed zoning change and after the conclusion of the public hearing, and such other proceedings as the board deems advisable, shall take such action, if any, that the board, in its legislative discretion, believes to be in the public interest.

(Ord. No. 10-04-01(2), § 12.308, 4-27-2010; Ord. No. 10-08-01, §§ 1, 9, 8-10-2010; Ord. No. 11-20-01, § 1(Exh. A), 11-17-2020)

Any landowner of the village seeking a re-plat must obtain an application from the village secretary to be completed and submitted to the village secretary along with the following:

(1)

A non-refundable application fee in the amount provided in the village fee schedule.

(2)

A fee provided on the village fee schedule to cover the county recording fees. This fee will be refunded if the re-plat is denied by the board of aldermen.

(3)

A copy of a current certified paid tax receipt for the land proposed to be re-platted.

(4)

An original Mylar plat of the re-plat with an engineer stamp and the landowner's notarized signature, together with two copies. The re-plat must also be approved by the Tiki Island Civic Association, the city secretary, and The Galveston County Fresh Water Supply District #6 Secretary and General Manager.

(5)

A title company report or other documents showing the applicant is the current property owner and showing recorded easements.

(Ord. No. 12-07-03, § 12.301, 7-17-2012; Ord. No. 04-17-02, 4-18-2017; Ord. No. 04-17-02(A), 4-18-2017)

After receipt of the completed application, the village secretary will schedule a meeting with the board of aldermen to vote on the proposed re-plat application. Notice of such hearing shall be given by publishing the stated time and place of such hearing, which shall not be less than 72 hours from the date of the hearing. Upon board of aldermen approval of the re-plat, the village will forward the re-plat for recording at the Galveston County Clerk's office. The re-plat will not be official until recording is completed by the county clerk.

(Ord. No. 12-07-03, § 12.302, 7-17-2012; Ord. No. 04-17-02, 4-18-2017)

The planning and zoning commission chairperson will review the application and documentation to ensure completeness. If there is any pertinent information not completed on the application, or if the documentation is incomplete, all will be returned to the applicant for updating. If the application is accepted it will be forwarded to the planning and zoning commission for review. The replat must be approved or disapproved by the village board of aldermen within 30 days after the planning and zoning commission public hearing to review the replat proposal.

(Ord. No. 12-07-03, § 12.303, 7-17-2012)

The planning and zoning commission will have a public meeting to review the application, obtain citizen comments and vote on the proposed replat change. Notice of the meeting will be posted at least 72 hours prior to the planning and zoning meeting. Property owners next to the replatted property will be notified of the meeting. All meetings will be held in the village Public Safety Building, 747 Tiki Drive, Tiki Island, TX 77554. Every replat application receiving final approval or disapproval by the planning and zoning commission shall be forwarded to the village board of aldermen for final consideration. No replat change recommended by the planning and zoning commission shall become effective until approved by the village board of aldermen.

(Ord. No. 10-10-01, 11-16-2012; Ord. No. 12-07-03, § 12.304, 7-17-2012)

After receipt of the final report from the planning and zoning commission, the village board of aldermen shall vote on the proposed replat application. Notice of such hearing shall be given by publishing the stated time and place of such hearing, which shall not be less than 72 hours from the date of the hearing. Upon board of aldermen approval of the replat, the village will forward the replat for recording at the county clerk's office. The replat will not be official until recording is completed by the county clerk.

(Ord. No. 12-07-03, § 12.305, 7-17-2012)