A. Generally.
The variance procedure is intended to provide a means by which relief may be granted from unforeseen applications of this Chapter which create unnecessary hardships or practical difficulties. The variance procedure provided in this section is only appropriate when remedy of such hardships is not allowed pursuant to other provisions of this Chapter.
B. Applicability.
The zoning board of adjustment may authorize in specific cases a variance from the terms of this Chapter if the variance is not contrary to the public interest, and due to special conditions, a literal enforcement of this Chapter would result in unnecessary hardship, and so that the spirit of this Chapter is observed and substantial justice is done. Variances may be authorized only in accordance with the conditions enumerated in subsection
D,
Hardship Criteria, below, and then only in compliance with the procedures of this section.
C. Use variances prohibited.
Variances that authorize a use other than those permitted in the district for which the variance is sought are not permitted.
D. Hardship criteria.
1. An applicant for a variance has the responsibility to demonstrate how or why the strict application of applicable requirements of this Chapter would result in an unnecessary hardship due to circumstances unique to the property on which a variance is sought.
2. The zoning board of adjustment may only grant a variance from any requirement of this Chapter if it makes written findings that affirm each of the following criteria are satisfied:
a. There are special conditions unique to the property, such as lot size, shape, orientation, topography or other physical features, that are not generally characteristic of other properties in the area;
b. Due to these special conditions, strict application of this Chapter would deprive the applicant of reasonable use of the property and would result in an undue hardship;
c. The undue hardship is not self-induced or created by the applicant, nor is it strictly pecuniary/financial;
d. Development under the variance would not alter the character of the area adjacent to the property, impair the use of adjacent property developed in compliance with this Chapter, or impair the purpose of the regulations of the zoning district in which the property is located;
e. Granting the variance request would not be contrary to the public interest or detrimental to the public health, safety, or welfare;
f. Granting the variance request would be within the spirit of this Chapter and result in substantial justice; and
g. Any other criteria that should be considered pursuant to state law.
E. Variance process.
1. All requested variances from this Chapter shall be made in writing at least 30 calendar days prior to the date on which consideration of the variance would be given by the zoning board of adjustment.
2. The applicant requesting a variance shall submit documentation describing how the proposed variance(s) satisfy each of the criteria stated in subsection D, above.
3. Should a variance be granted, the zoning board of adjustment may impose such additional conditions as necessary and desirable in the public interest.
4. The board shall conduct at least one (1) public hearing prior to taking action on a variance request.
5. Public notice shall be provided in accordance with the
Texas Local Government Code, section 211.010,
Appeal to Board. Written notice of all public hearings on proposed variances shall be sent to all owners of property, or to the person rendering the same for City taxes, located within the area of application and within 200 feet of any property affected thereby, within not less than 10 days before such hearing is held. Such notice may be served by using the last known address as listed on the latest approved tax roll and depositing the notice, postage paid, in the United States mail. Notice of all public hearings shall also appear in the local newspaper of general circulation within not less than 10 days before such hearing is held.
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.04.02, adopted 11/9/17)