The zoning board of adjustment members shall consist of seven
regular members appointed by the city council, for two-year terms.
(Ordinance O-2021-066 adopted 12/2/21)
The zoning board of adjustment will:
(1)
Consider
numerical variance requests for: use, site design, subdivision, form
based and special exceptions, subject to variance approval criteria,
recommendation of development services staff, and state law.
(2)
Consider
administrative appeals that allege error in an order, requirement,
decision, or determination made by an administrative official in the
enforcement of the city development codes.
(3)
Consider
special exceptions to the terms of the city development codes.
(4)
Consider,
in specific cases, a variance from the terms of the city development
codes if the variance is not contrary to the public interest and,
due to special conditions, a literal enforcement of the city development
codes would result in unnecessary hardship, and so that the spirit
of the city development codes are observed and substantial justice
is done.
(5)
Consider
appeals to development services staff’s interpretation of the
city development codes.
(6)
Consider
other matters, as authorized by the city development codes.
(Ordinance O-2021-066 adopted 12/2/21)
Development services staff, the city manager, city council,
and the planning and zoning commission may make a request requiring
zoning board of adjustment consideration.
(Ordinance O-2021-066 adopted 12/2/21)
The zoning board of adjustment is a quasi-judicial body. The
applicant or city may appeal decisions to the district court.
(Ordinance O-2021-066 adopted 12/2/21)
(a)
Meetings.
The zoning board of adjustment shall hold
its meetings when necessary, based upon business to be brought before
the board through an application or otherwise. The board may adopt
rules to govern its meetings; provided, however. such rules shall
be consistent with this article, the city charter, and applicable
state law. All rules adopted or amended must be approved by city council.
All board meetings shall be open to the public.
(b)
Quorum.
75 percent (4 members) shall constitute a quorum
for the purpose of transaction of board business.
(c)
Open meetings act.
The board and its members shall comply
with the Texas Open Meetings Act. No member shall communicate or deliberate
outside of a posted meeting about a matter coming before the board
or over which the board has authority in an attempt to circumvent
the Open Meetings Act.
(d)
Ex parte communications.
The board has authority to
decide the rights of individual parties, subject to the requirements
of state law and the unified development code. The requirements of
procedural due process necessitate a fair hearing before an impartial
body with the goal of ensuring that all sides, including the public,
are provided an opportunity to present views in public meetings. Thus,
all decisions made by the board shall be based upon information contained
in the official public record and consisting of back-up material and
discussion during the meeting. No board member shall intentionally
or knowingly communicate with a person outside of a meeting, known
as ex parte communication, if reasonable grounds exist for believing
that: (i) the person is a party to a matter being considered by the
board; and (ii) if such communication is designed to influence the
member’s consideration of, or action on, the matter. A “party”
includes an applicant or anyone who has received mailed notice of
the matter. If any such ex parte communication should occur, it shall
be the responsibility of the member to:
(e)
Limitations on outside investigations.
Board members
shall not individually investigate cases before the board, other than
routine site visits or reviewing publicly available information.
(f)
Disqualification.
A board member that receives material
information regarding a case that is not made available to other board
members is disqualified from participating in the case unless the
member publicly discloses the information and its source at the earliest
reasonable opportunity. A board member may disqualify him or herself
if an applicant, interested party, or agent has sought to influence
the member’s vote other than in a public hearing or through
documents made available at the public hearing.
(g)
Meeting records.
The secretary shall keep a record of
all proceedings of the board, 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 filed in the office of the city secretary and
shall be a public record.
(Ordinance O-2021-066 adopted 12/2/21)
