Creation

There is hereby created a Board of Adjustment (BOA), also referred to in this ordinance as the Zoning Board of Adjustment (ZBA) or the Board, to be composed of five (5) members and two (2) alternate members who shall be residents and qualified voters of the City of Granbury and shall serve without compensation.

Members & Terms Of Office

The Board of Adjustment shall consist of five (5) regular members and two (2) alternate members who shall be appointed by the City Council in accordance with the following:

The members shall serve for a period of two (2) years and until their successors are duly appointed and qualified. The regular members of the board shall be identified by place numbers 1 through 5. Places 1, 3 and 5 and the first alternate member shall be appointed to serve for two-year terms beginning on November 1 of odd-numbered years. Places 2, 4 and the second alternate member shall be appointed to serve for two-year terms beginning on November 1 of even-numbered years.

All members will be appointed by a majority vote of the City Council. Members may be removed by a majority vote of the members of the City Council, for cause on a written charge after a public hearing. Board members may be appointed to succeed themselves.

Vacancies shall be filled by an alternate member for the unexpired term of a member whose term becomes vacant. Any member absent for two (2) regular consecutive meetings shall be deemed to have vacated such office unless such absences were:

due to sickness of the member or the member’s family

with leave being first obtained from the Chairman. Vacancies of an alternate member shall be filled by appointment of the City Council by majority vote.

Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings of the Board shall be open to the public. Four (4) members of the Board shall constitute a quorum for the conduct of business. All cases to be heard by the Board of Adjustment will always be heard by a minimum number of four (4) members. The members of the Board shall regularly attend meetings and public hearings of the Board.

2.1.C

Authority of Board

The Board of Adjustment shall have the authority, subject to the standards established in Section 211.009 of the Texas Local Government Code, as amended, and those established herein, to exercise the following powers and perform the following duties:

Hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this ordinance; and

Hear and decide special exceptions to the terms of this ordinance when it requires the Board to do so; and

Inquire into, on its own motion or upon cause presented by interested persons, the abatement, vacation, demolition, removal, expansion, extension, resumption, repair, reconstruction, of, other action permitted by Section 3.1, of a nonconformity.

Authorize in specific cases a variance from the terms of this ordinance if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of this ordinance is observed and substantial justice is done.

In exercising its authority under “1” above, the Board may reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Board has the same authority as the administrative official.

The concurring vote of four (4) members of the Board is necessary to:

Reverse an order, requirement, decision, or determination of an administrative official;

Decide in favor of an applicant on a matter on which the Board is required to pass under a zoning ordinance; or

Authorize a variation from the terms of this ordinance.

2.1.D

Limitations on Authority of Board.

The Board may not grant a variance authorizing a use other than those permitted in the district for which the variance is sought.

The Board shall have no power to grant or modify specific use permits authorized under Section 11.1, Specific Uses, of these regulations.

Although action may be effected by the Board, a variance or special exception for any parcel of property or portion thereof upon which a Site Plan, Preliminary Plat, Final Plat, or Zoning Amendment, where required, has not been finally acted upon by both the Planning and Zoning Commission and, where required, by the City Council, will not be deemed to be granted until said final action has been completed. All administrative remedies available to the applicant shall have been exhausted prior to a hearing by the Zoning Board of Adjustment. The Board shall have no power to grant a zoning amendment.

2.1.E

Variances.

In order to grant a variance from these zoning regulations, the Board of Adjustment must make written findings that the variance creates undue hardship, using the following criteria:

That literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property;

That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district;

That the relief sought will not injure the permitted use of adjacent conforming property; and

That the granting of a variance will be in harmony with the spirit and purpose of these regulations.

In exercising its authority under Subsection 2.1.E.1 above and Subsection 211.009 of the Texas Local Government Code, as amended, the Board may consider the following as grounds to determine whether compliance with the ordinance as applied to a structure that is the subject of the appeal would result in unnecessary hardship:

the financial cost of compliance is greater than 50 percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the municipality under Section 26.01, Tax Code;

compliance would result in a loss to the lot on which the structure is located of at least 25 percent of the area on which development may physically occur;

compliance would result in the structure not being in compliance with a requirement of a municipal ordinance, building code, or other requirement;

compliance would result in the unreasonable encroachment on an adjacent property or easement; or

the municipality considers the structure to be a nonconforming structure.

A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely on economic gain or loss, nor shall it permit any person a privilege in developing a parcel of land not permitted by this Ordinance to other parcels of land in the particular zoning district. No variance may be granted which results in undue hardship on another parcel of land.

The applicant bears the burden of proof in establishing the facts justifying a variance.

Any variance authorized by the Board, either under the provisions of the Zoning Ordinance, or under the authority granted to the Board under the Statutes of the State, shall authorize the issuance of a building permit, Certificate of Occupancy or other relief as the case may be for a period of one year from the date of the favorable action on the part of the Board, unless said Board in its minutes shall, at the same time, grant a longer period.

If a building permit or a certificate of occupancy has not been applied for or issued within a one year period or as the Board may specifically grant, the variance approval shall be deemed waived; and all rights thereunder terminated unless a greater time is requested in the application and is authorized by the Board. The Board may grant one or more extensions to this time period upon the applicant's request and if due cause is shown.

Any variance approval may be granted one extension of up to 180 days by the Director of Community Development or their designee on written request filed before expiration of the original approval or any extensions approved by the Board, provided substantial progress has been made on obtaining financing, preparation of construction plans or documents or obtaining approvals or permits outside the control of the City.

2.1.F

Special Exceptions.

The Zoning Board of Adjustment shall have the authority to hear and allow special exceptions for buildings and only when the use is conforming.

In granting a special exception, the Zoning Board of Adjustment shall not authorize uses that are not allowed under the terms of this ordinance for the respective district.

A proof of hardship is not required for granting a special exception.

The following may be permitted as Special Exceptions by the Board subject to full and complete compliance with any and all conditions listed, together with such other conditions as the Board may impose for protection of public health or safety.

Any special exception authorized by the Board, either under the provisions of the Zoning Ordinance, or under the authority granted to the Board under the Statutes of the State, shall authorize the issuance of a building permit, Certificate of Occupancy or other relief as the case may be for a period of one year from the date of the favorable action on the part of the Board, unless said Board in its minutes shall, at the same time, grant a longer period.

If a building permit or a certificate of occupancy has not been applied for or issued within a one year period or as the Board may specifically grant, the special exception approval shall be deemed waived; and all rights thereunder terminated unless a greater time is requested in the application and is authorized by the Board. The Board may grant one or more extensions to this time period upon the applicant's request and if due cause is shown.

Any special exception approval may be granted one extension of up to 180 days by the Director of Community Development or their designee on written request filed before expiration of the original approval or any extensions approved by the Board, provided substantial progress has been made on obtaining financing, preparation of construction plans or documents or obtaining approvals or permits outside the control of the City.

TABLE OF SPECIAL EXCEPTIONS
Description	Permitted District
Antenna Facilities: Relief from any regulation as provided in Section 9.2.G [Section 9.2.H], Wireless Special Exception.	All districts, see Article 9, Wireless Antenna Facilities Regulations.
Illumination: The following illumination sources shall require a special exception: laser source lights, searchlights, floodlights, halogen lights, and up-lighting of displays	All nonresidential districts and nonresidential uses located in residential districts and including the MF district.
Parking Lot Poles: Additional height for parking lot poles	All districts, see Section 10.1.E, Nonresidential Illumination.
Parking Space Number Reduction: Upon providing a study demonstrating either shared parking or alternative parking space requirements from a national parking criteria source	All nonresidential districts and nonresidential uses located in residential districts including the MF district.
Landscaping & Tree Standards: Relief from Article 8 and providing for alternative landscaping methods or plant/tree varieties and/or water conservation	All districts, except inside of the HPO (Historic Preservation Overlay) and where a C. of A. has been issued by the Historic Commission.
Exterior Building Materials, Roof and Articulation Standards: Relief from Section 11.7.	All districts, except inside of the HPO (Historic Preservation Overlay) and where a C. of A. has been issued by the Historic Commission.
Enclosed Off-Street Parking: Relief from Section 11.2.A.4, Off-Street Parking.	RE, R-12, R-10, R-8.4, R-7, MD-1, PH and TH
Improved Hard Surface: Relief from Section 11.2.A.11, Parking & Maneuvering Surface Material Requirements	All districts
Accessory Buildings: Additional Size and Height	All residential districts: RE, R-12, R-10, R-8.4, R-7, MD-1, PH, TH, MF and MH
Scaffolding, Towers, Mechanical Equipment, and other structures used in the application of the industrial use: Additional Height	Industrial district only: I
Exterior Construction Materials for Refuse Facilities	All districts
Exterior Construction Materials for Monument Signs	All districts

2.1.G

Procedures.

Application and Fee

- An application for granting a variance or special exception by the Board of Adjustment, other than an appeal, shall be in writing using forms provided by the City and shall be accompanied by a fee. The application for a special exception shall be the same as for a zoning variance.

Notice and Hearing

- The Board of Adjustment shall hold a public hearing no later than 45 days after the date the application for action or an appeal from a zoning administration decision is filed on each such application or appeal. Official written notice of public hearing on every application for a variance or special exception or for an interpretation of regulations applying solely to an individual property shall be sent to all owners of property, or to the person rendering the same for city taxes, affected by such application, located within 200 feet of any property affected thereby, not less than ten days before such hearing is held. Such notice shall be served, in accordance with Subsection 2.3.B, by using the last known address as indicated by the most recently approved municipal tax roll and depositing the notice, postage paid, in the United States Mail. Mailed notice may be in any format that meets the requirements of Texas Local Government Code (TLGC) 211.007, including postcards and use of bulk rate postage addressed to occupant provided it meets the time frames required. Waivers of notice in accordance with Subsection 2.3.B may be utilized for anyone that failed to receive a legally required notice.

Applications for more than one variance to these regulations, submitted at the same time on the same property, may be processed as one case, utilizing the same notice to adjacent property owners and paying one fee in accordance with the adopted Fee Schedule. The Board of Adjustments, as part of their deliberation, may choose to take action on the variances with one motion and vote, or may choose to deliberate and take action on each variance request individually.

2.1.H

Appeals.

An appeal may be taken from the decision of an administrative official by an applicant for the permit on which the decision is rendered, by any person or persons directly aggrieved by the decision or by any officer, department, board or bureau of the municipality affected by the decision.

The appellant must file with the Board and the official against whom the appeal is taken a written notice of appeal specifying the grounds for the appeal within fifteen (15) days after the decision has been rendered. The official against whom the appeal is taken shall immediately forthwith transmit to the Board all papers constituting the record of the action that is appealed.

An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the Board facts supporting the official’s opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the Board or a court of record on application, after notice to the official, if due cause is shown.

The Board shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest. The appellant party may appear at the appeal hearing in person or by agent or attorney.

2.1.I

Judicial Review

Any person or persons, jointly or severally, aggrieved by a decision of the Board of Adjustment, 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 of the Board is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition must be presented within ten (10) days after the date the decision is filed in the Board’s office.

If a decision of denial has been rendered by the Board of Adjustment, their shall be a six (6) month holding period before any new application may be filed for consideration by the Board of Adjustment for the same request.

(Ordinance 16-65 adopted 12/6/16; Ordinance 17-69 adopted 10/2/17; Ordinance 21-67 adopted 11/2/21; Ordinance 23-08 adopted 1/3/2023; Ordinance 23-50 adopted 8/1/2023)

§ 2.2 Planning and Zoning Commission.

2.2.A

Creation of Planning and Zoning Commission

There shall be established a Planning and Zoning Commission which shall consist of eight (8) citizens from the City of Granbury and such alternate members as the City Council in its discretion shall determine to be appropriate. The members of said commission shall be appointed by the City Council for a term of two (2) years. The initial appointment of the Planning and Zoning Commission members by the Council shall designate which members shall serve two (2) years and which members shall serve one (1) year and on each succeeding year thereafter, the council shall select replacements for the Planning and Zoning Commission members whose terms have expired. The commission shall elect a chairman and a vice-chairman from among its members and shall meet not less than once each month. Said chairman shall not vote except in the case of a tie, or to allow for a quorum action. Vacancies and unexpired terms shall be appointed by the Council for the remainder of the term. A majority of the members shall constitute a quorum, and the affirmative majority vote of the quorum shall be necessary for the passage of any recommendation to the City Council. Members of the commission may be removed at the discretion of the Council at any time.

2.2.B

Organization

The commission shall keep minutes of its proceedings which shall be of public record. The commission shall serve without compensation. Each candidate for an appointment as a member of the Planning and Zoning Commission shall meet the following requirements:

Shall be a registered voter of the city;

Shall have resided for at least twelve (12) months preceding his appointment within the corporate limits of the city, including territory annexed prior to his appointment;

Shall not be in arrears in the payment of any taxes or other liabilities due the City. “In arrears” is defined herein to mean that payment has not been received within ninety (90) days from due date.

In addition to any other qualifications prescribed by law, each member of the Planning and Zoning Commission shall continue to meet the conditions of Section 2.2, Planning and Zoning Commission, while in office, and shall reside within the City while in office.

2.2.C

Powers and Duties

The Planning and Zoning Commission is hereby authorized to:

Inspect property and premises at reasonable hours where required in the discharge of its responsibilities under the laws of the State of Texas and of the City.

Recommend to the city council approval or disapproval of proposed changes in this Ordinance and the zoning map;

Formulate and recommend to the City Council for its adoption a city plan for the orderly growth and development of the city and its environs and from time to time recommend such changes in the plan as it finds will facilitate the movement of people and goods, and the health, recreation, safety, and general welfare of the citizens of the City.

Formulate a zoning plan as may be deemed best to carry out the goals of the city plan; hold public hearings and make recommendations to the City Council relating to the creation, amendment, and implementation of zoning regulations and districts as provided in Title 7 of the Local Government Code, as amended, authorizing cities and incorporated villages to pass regulations; all powers granted under said Act are specifically adopted and made a part hereof.

Recommend to the City Council approval or disapproval of plans, plats or replats. The final approval or disapproval of plans, plats or replats shall be made by the City Council. Exercise all other powers of a commission as to approval or disapproval of plans, plats or replats set out in Title 7 of the Local Government Code.

Study and recommend on the location, extension and planning of public rights-of-way, parks or other public places, and on the vacating or closing of same.

Study and recommend on the general design and location of public buildings, bridges, viaducts, street fixtures and other structures and appurtenances. Study and recommend on the design or alteration and on the location or relocation of works of art which are, or may become, the property of the city.

Initiate, in the name of the city, for consideration at public hearing all proposals: (a) for the opening, vacating or closing of public rights-of-way, parks or other public places; (b) for the change of zoning district boundaries on an area-wide basis. No fee shall be required for the filing of any such proposal in the name of the city.

Formulate and recommend to the City Council for its adoption policies and regulations consistent with the adopted city plan governing the location and/or operation of utilities, public facilities, and services owned or under the control of the city.

10.

Recommend to the City Council approval or disapproval of special use permit requests.

2.2.D

Public Hearings

The Planning and Zoning Commission is authorized to conduct public hearings jointly with the City Council or separately as a Commission as deemed necessary.

(Ordinance 16-65 adopted 12/6/16; Ordinance 20-11 adopted 2/4/20)

§ 2.3 Amendments.

2.3.A

Authority to Amend Ordinance

The City Council may from time to time, after receiving a final report 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 Zoning Ordinance or Zoning District boundary amendment may be ordered for consideration by the City Council, be initiated by the Planning and Zoning Commission, or be requested by the owner of real property, or the authorized representative of an owner of real property. In no case shall the City Council act upon any zoning request prior to recommendation by the Planning and Zoning Commission.

Consideration for a change in any district boundary line or special zoning regulation may be initiated only with written consent of the property owner, or by the Planning and Zoning Commission or City Council on its own motion when it finds that public benefit will be derived from consideration of such matter. In the event the ownership stated on an application and that shown on the City records are different, the applicant shall submit written proof of ownership.

Each application for zoning or for an amendment or change to the existing provisions of this Zoning Ordinance or the Zoning Map shall be made in writing and filed on a form suitable to the Director of Community Development and shall be accompanied by payment of the appropriate fee as established by the City of Granbury, Texas.

2.3.B

Public Hearing and Notice

Prior to making its report to the City Council, the Planning and Zoning Commission shall hold at least one public hearing on each application.

Notice of Hearing to Property Owners.

Written Notice

- Before the tenth day before the hearing date before the Planning and Zoning Commission, written notice of each public hearing before the Planning and Zoning Commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved Municipal Tax Roll, of real property within two hundred feet (200') of the property on which the change in classification is proposed. The notice may be served by its deposit in the municipality, property addressed with postage paid, in the United States mail. Mailed notice may be in any format that meets the requirements of Texas Local Government Code (TLGC) 211.007, including postcards and use of bulk rate postage addressed to occupant provided it meets the time frames required.

Newspaper Notice

- Notice of hearings on proposed changes in the text of the Zoning Ordinance shall be accomplished by one publication not less than fifteen (15) days prior to the public hearing in the official newspaper of the City. Changes in the ordinance text which do not change zoning regulations and/or zoning district boundaries do not require written notification to individual property owners.

Notice of Hearing of New Nonconforming Land Use.

In addition to any written notice to owners of real property required in Subsection 2.3.B.2.a above or Section 211.007 of the TLGC, written notice shall also be given of each public hearing regarding any proposed adoption of or change to a zoning regulation or boundary (classification) under which a current conforming use of a property becomes a nonconforming use if the regulation or boundary is adopted or changed. The notice must:

be mailed by United States mail, in accordance with Subsection 2.3.B.2, to each owner of real or business personal property where the proposed nonconforming use is located as indicated by the most recently approved municipal tax roll and addressed to each occupant or to "occupant" at the tax roll address (situs) of the property not later than the 10th day before the hearing date;

contain the time and place of the hearing; and

include the following text in bold 14-point type or larger:

"THE CITY OF GRANBURY IS HOLDING A HEARING THAT WILL DETERMINE WHETHER YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE. PLEASE READ THIS NOTICE CAREFULLY."

Waiver of Notice.

An owner of real or business personal property, an occupant or a tenant of a premises required to be notified under these provisions that does not receive notice as prescribed by Subsections 2.B.2 or 2.B.3 due to City failure to mail written notice by depositing the notice, with postage paid, in the United States mail, may choose one of the following options:

Waive the right to written notice on a form acceptable to the City Attorney and signed by the property owner, or

Not waive the right to written notification, requesting the hearing be delayed until proper notice is provided in accordance with these regulations.

The City Attorney, when there is a question of adequate notice, shall determine whether the written notice provided was adequate, or additional notice is required and the necessity to delay the hearing until additional written notices are provided in accordance with these regulations.

In no case shall additional notice be required, or a hearing be delayed, if notice was property mailed, postage paid to the addresses provided in the last approved Municipal Tax roll as required and the missed notification was due to failure of the U.S. Post office to deliver such notice, or the tax roll addresses were incorrect or out of date.

2.3.C

Failure To Appear

The Planning and Zoning Commission or City Council may recommend denial of a zoning application if the applicant or representative fails to appear at one (1) or more hearings before the Planning and Zoning Commission.

2.3.D

Commission Consideration & Report

The Planning and Zoning Commission, after the public hearing is closed, shall prepare its report and recommendations on the proposed change stating its findings, its evaluation of the request and of the relationship of the request to the Comprehensive Plan and adopted facility design standards. The Planning and Zoning Commission may defer its report for not more than ninety (90) days from the time it is posted on the agenda until it has had opportunity to consider other proposed changes which may have a direct bearing thereon. In making its determination, the Planning and Zoning Commission shall consider the following factors:

Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and the relationship of the uses to the general area and the City as a whole.

Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area, and shall note the findings.

The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances which may make a substantial part of such vacant land unavailable for development.

The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change.

How other areas designated for similar development will be, or are unlikely to be, affected if the proposed amendment is approved, and whether such designation for other areas should be modified also.

Any other factors which will substantially affect the health, safety, morals, or general welfare.

If the Planning and Zoning Commission denies the zoning request, it may offer reasons to the applicant for the denial.

2.3.E

City Council Consideration.

Proposal Recommended for Approval by the Commission: Every proposal which is recommended favorably by the Planning and Zoning Commission shall be automatically forwarded to the City Council for setting and holding of public hearing thereon. No change, however, shall become effective until after the adoption of an ordinance for it and its publication as required by law.

Proposal Recommended for Denial by the Commission: When the Planning and Zoning Commission determines that a proposal should be denied, it shall so report and recommend to the City Council that the proposal be denied and notify the applicant.

Proposals Recommended for Denial by Council: When a proposed zoning request is heard by the City Council that has been recommended for denial by the Planning and Zoning Commission, a three-fourths (3/4) majority vote by the City Council shall be required for approval.

A proposed zoning request “denied” by the City Council shall be automatically deemed denied “with prejudice” and shall not be filed or resubmitted to the City for six (6) months from the original date of denial.

The City Council may elect, in its motion, to deny a proposed zoning request “without prejudice.” The same or similar request may be resubmitted at any time for reconsideration by the City (a new filing Fee must accompany the request).

2.3.F

Three-Fourths Vote Required

If a protest against a proposed amendment, supplement or change to a zoning regulation or boundary has been filed with the City Secretary, duly signed and acknowledged by the owners of twenty percent (20%) or more, either of the area of the lots or land included in such a proposed change to a zoning regulation or boundary or the area of the lots or land adjoining the area covered by the proposed change and extending two hundred feet (200') therefrom, such amendments shall not become effective except by the affirmative vote of three fourths (3/4) of all members of the City Council. In computing the land area above, the area of streets and alleys shall be included.

2.3.G

Final Approval & Ordinance Adoption

Upon submittal of the zoning request by the City Council, the applicant shall submit a metes and bounds description of the boundaries of the zoning request and a metes and bounds description of any zone contained therein, to the City for the preparation of the amending ordinance. The amending ordinance shall be approved at the time the City Council approves the request as submitted or as modified. The amending ordinance will not be approved until a correct property description has been prepared for the amending ordinance.

(Ordinance 16-65 adopted 12/6/16; Ordinance 20-11 adopted 2/4/20; Ordinance 23-50 adopted 8/1/2023)