(a)
Organization.
There is hereby created a zoning board of adjustment consisting
of four (4) members and a chairman, each to be appointed by the city
council for a term of two (2) years and removable for cause by the
appointing authority upon written charges and after public hearing.
Vacancies shall be filled for the unexpired term of any member, whose
place becomes vacant for any cause, in the same manner as the original
appointment was made. Members heretofore appointed shall serve hereinabove
set forth. Provided, however, that the mayor may appoint four (4)
alternate members of the zoning board of adjustment who shall serve
in the absence of one or more of the regular members when requested
to do so, so that all cases to be heard by the zoning board of adjustment
will always be heard by a minimum number of the four (4) members.
The alternate members shall serve for the same period as the regular
members, which is for a term of two (2) years, and any vacancy shall
be filled in the same manner and they shall be subject to removal
the same as the regular members.
(b)
Procedure.
The zoning board of adjustment shall adopt rules to govern its
proceedings provided, however, that such rules are not inconsistent
with this ordinance or statutes of the State of Texas. Meetings of
the zoning board of adjustment shall be held at the call of the chairman
and at such other times as the zoning board of adjustment 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 zoning board of adjustment
shall keep minutes of its proceedings, showing the vote of each member
upon each question, or if absent or failing to vote, indicate such
fact, and shall keep records of its examinations and other official
actions, all of which shall be immediately filed in the office of
the board and shall be a public record.
(c)
Appeals.
(1)
Appeals to the zoning board of adjustment can be taken by any person
aggrieved or by any officer, department or board of the municipality
affected by the decision of the building official. Such appeal shall
be taken within fifteen (15) days after the decision has been rendered
by the administrative officer, by filing with the officer from whom
the appeal is taken and with the zoning board of adjustment, a notice
of appeal specifying the grounds thereof. The officer from whom the
appeal is taken shall forthwith transmit to the zoning board of adjustment
all the papers constituting the record upon which the action appealed
from was taken.
(2)
An appeal shall stay all proceedings of the action appealed from
unless the officer from whom the appeal is taken certifies to the
zoning board of adjustment after the notice of appeal shall have been
filed with him that by reason of facts stated in the certificate,
a stay would, in his opinion, cause imminent peril to life or property.
In such case, proceedings shall not be stayed, otherwise than by a
restraining order which may be granted by the zoning board of adjustment
or by a court of record on application on notice to the officer from
whom the appeal is taken and on due cause shown.
(3)
The zoning board of adjustment shall fix a reasonable time for the
hearing of an appeal, give the public notice thereof by depositing
such notice in the mail addressed to all owners of real property located
within two hundred (200) feet of the property on which the appeal
is made and by publishing notice of such hearing in a newspaper of
general circulation in the City of Odessa. Both the mailed and published
notice shall be given at least ten (10) days prior to the date set
for the hearing. At the hearing, any party may appear in person or
by attorney or agent.
(d)
Jurisdiction.
When in its judgment, the public convenience and welfare will
be substantially served and the appropriate use of the neighboring
property will not be substantially or permanently injured, the zoning
board of adjustment may, in specific cases, after public notice and
public hearing, and subject to appropriate conditions and safeguards
authorize the following:
(1)
To hear and decide appeals where it is alleged there is error on
any order, requirement, decision or determination made by the building
official in the enforcement of this ordinance.
(2)
Special exceptions:
(A)
Permit the reconstruction, extension or enlargement of a building
occupied by a nonconforming use on the lot or tract occupied by such
building or the reconstruction, extension or enlargement of a building
which is nonconforming as to area provided the area nonconformity
if not increased or the reconstruction of a structure destroyed by
fire or the elements not to exceed sixty (60) percent of its reasonable
value and the addition of off-street parking or off-street loading
to a nonconforming use.
(B)
Require the discontinuance of nonconforming uses of land or structure
under any plan whereby the full value of the structure and facilities
can be amortized within a definite period of time, taking into consideration
the general character of the neighborhood and the necessity of all
property to conform to the regulations of this ordinance. All actions
to discontinue a nonconforming use of land or structure shall be taken
with due regard to the property rights of the persons affected when
considered in the light of the public welfare and the character of
the area surrounding the designated nonconforming use and the conservation
and preservation of the property. The board shall, from time to time,
on its own motion or upon cause presented by interested property owners
or on request of the city council or planning and zoning commission
inquire into the existence, continuation or maintenance of any nonconforming
use within the city.
(C)
Permit the location on a lot occupied by a single-family detached
dwelling of a mobile or HUD-manufactured home subject to such spacing,
health, sanitation, access, parking and occupancy standards as the
zoning board of adjustment may prescribe.
(D)
Permit the reduction in off-street parking spaces up to thirty (30)
percent from the requirements specified for a specific nonresidential
use where it is clearly demonstrated that the specific use does not
require the number of spaces specified herein provided:
(E)
Permit subject to reasonable conditions any building or structure
erected in that portion of any district designated with a “FH”
flood hazard suffix to be designed and constructed to place the first
floor elevation lower than the minimum of one (1) foot above the one
hundred year frequency flood elevation as such elevation is determined
by the director of public works when there are special circumstances
existing on the property on which the application is made that necessitate
the adoption of a different standard in order for the property owner
to use, maintain and further develop the property.
(F)
Permit changes in an antenna, antenna support structure or alternate
tower structure under the following circumstances:
(i)
The board finds that the intended function of the antenna, tower
or structure would be adversely affected, in some significant way,
if the antenna, tower or structure had to be constructed in accordance
with the other provisions of this section, or
(ii)
The variance or special exception is necessary to harmonize
the city’s ordinances and federal laws, rules or regulations,
or
(iii)
The board finds that by modifying the height limitation to provide
additional space for colocation of other antenna, the number of antenna
support structures can be reduced.
(3)
Authorize in specific cases a variance if the board shall find that:
(A)
The variance request is not contrary to the public interest.
(B)
Special conditions exist for the applicant that do not generally
exist for others.
(C)
A literal enforcement of the ordinance will result in unnecessary
hardship.
(D)
The spirit of the zoning ordinance is observed and substantial justice
is done.
(e)
Actions
of the board.
(1)
In exercising its powers in conformity with the provisions of sec.
211.009(a)(l) of the Local Government Code, the zoning board of adjustment
may, reverse of affirm wholly or partly, may modify the order, requirement,
decision or determination appealed from and make such 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 including the
power to impose reasonable conditions to be complied with by the applicant.
(2)
The concurring vote of four (4) members of the zoning board of adjustment
shall be necessary to revise any order, requirement, decision or determination
of any such administrative official, or to decide in favor of the
applicant on any matter upon which it is required to pass under this
ordinance or to affect any variance in said ordinance.
(3)
Any person or persons, jointly or severally, aggrieved by any decision
of the zoning board of adjustment or any taxpayer or any officer,
department or board of the municipality may present to the court of
record a petition, duly verified, setting forth that such decision
is illegal, in whole or in part, specifying the grounds of illegality.
Such petition shall be presented to the court within ten (10) days
after the filing of the decision by the zoning board of adjustment
and its recommendation in the minutes and not thereafter.
(Ordinance 2019-13 adopted 4/9/19)
