(A)
Organization.
The Board of Adjustment (Board) shall consist of nine members,
one of whom shall serve as the alternate, and all of whom shall be
appointed by the City Council. The chairperson of the Board shall
determine prior to the beginning of each meeting which member is to
serve as the alternate for that meeting if an alternate is required
to be designated. Each member must be a citizen and taxpayer of the
City. Each member shall serve for a term of two years and may be removed
under the provisions of Article IV, Section 2 of the City Charter.
Vacancies shall be filled for the unexpired term of any member whose
place becomes vacant in the same manner as original appointments are
made to the Board. All cases considered by the Board must be heard
by at least six and no more than eight members.
(B)
Operational
Procedures.
(1)
The
Board shall adopt rules to govern its proceedings provided, however,
that such rules are not inconsistent with this GDC or controlling
law. Meetings of the Board may be held at the call of the Chairman
or at such other times as the Board may determine and in accordance
with the Texas Open Meetings Act. The Chairman, or in the Chair’s
absence, the Acting Chairman, may administer oaths and compel the
attendance of witnesses.
(2)
The
Board must keep minutes of its proceedings, recording the vote of
each member upon each question, indicating whether a member was absent
or did not vote, and must keep record of its examination and other
official actions, all of which is to be immediately filed in the office
of the Board as a public record.
(3)
Appeals
to the Board can be taken by any person aggrieved, or by an officer,
department, or board of the City affected by a decision of the Building
Official. The appeal must be taken within fifteen calendar 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 Board,
a notice of appeal specifying the grounds thereof. The officer from
whom the appeal is taken must transmit to the Board, as soon as practicable,
all the documents constituting the records upon which the action appealed
from was taken.
(4)
An
appeal stays all proceedings in furtherance of the action appealed
from unless the officer from whom the appeal is taken certifies to
the Board, after the notice of appeal has been filed, that in his
opinion such stay will cause imminent peril to life or property. In
such case, proceedings will not be stayed other than by a restraining
order which may be granted by the Board or a court of record on application
or notice to the officer from whom the appeal is taken and on due
cause shown. Criminal action commenced in the Municipal Court of the
City will not be stayed.
(5)
No
appeal to the Board for the same or a related variance, which was
previously heard on appeal, on the same piece of property, will be
accepted prior to the expiration of six months (that is, 180 calendar
days) following the previous ruling by the Board, unless other property
in the immediate vicinity has within the same six-month period been
changed or acted upon by the Board or City Council so as to alter
the facts and conditions on which the previous Board action was based.
This change in circumstances will give the Board discretion to rehear
an appeal prior to the expiration of a six-month period. But, despite
a change in circumstances the Board is not compelled to grant a subsequent
appeal. A subsequent additional appeal is to be considered entirely
on the merits and the peculiar and specific conditions related to
the property on which the appeal is brought.
(6)
At
a public hearing relative to an appeal, any interested party may appear
before the Board in person, by agent, or by attorney. The applicant
has the burden of proof to establish the necessary facts to warrant
favorable action of the Board on any matter. An action granting a
variance authorizing the issuance of a Building Permit or Certificate
of Occupancy is valid for only one hundred and eighty calendar days,
unless the Building Permit or Certificate of Occupancy is obtained
in the one hundred eighty day period. However, the Board may grant
the applicant a longer time period to obtain the Building Permit or
Certificate of Occupancy. If the applicant has not obtained a Building
Permit or Certificate of Occupancy within one hundred and eighty days,
or within an extended period, the action of the Board is void without
prejudice to any subsequent appeal.
(C)
Action
of the Board of Adjustment.
(1)
In
exercising its powers, the Board may, in conformity with the provisions
of the Statutes of the State of Texas, in Chapter 211 of the Texas
Local Government Code, as existing or hereafter amended, reverse or
affirm, wholly or partly, or may modify the order, requirements, decision
or determination appealed from, and make such order, requirement,
decision, or determination as determined by the Board in its discretion.
The Board has the same authority as the officer from whom the appeal
is taken. The Board has the discretion to impose reasonable conditions
to insure compliance and protect adjacent property.
(2)
The
concurring vote of six members of the Board is necessary to reverse
any order, requirement, decision or determination of any administrative
official, to decide in favor of the applicant on any matter upon which
the Board is required to pass under this GDC, or to authorize a variance
from the terms of this GDC. A simple majority vote of the members
then present may approve any other action of the Board. An alternate
member may vote – in order to provide an uneven number of votes
– on any business matter of the Board that does not require
the Board to reverse an order, requirement, decision or determination
of an administrative official, to decide in favor of an applicant
on any matter on which the Board is required to pass under this GDC,
or to authorize a variance from the terms of this GDC.
(D)
Notice
of Hearing Before Board of Adjustment Required.
The Board
must hold a public hearing on all appeals made to it and written notice
of the public hearing must be sent to the applicant and all other
persons who are owners of real property lying within two hundred feet
of the property on which the appeal is made. The notice of appeal
must be given not less than ten calendar days before the date set
for the hearing to all owners (as ownership appears on the last certified
City tax roll), who have rendered their property for City taxes. The
notice may be served by mailing it with a properly addressed card
or envelope, postage paid, in the United States Post Office. Notice
must also be given by publishing the notice on the official website
of the City of Garland at least ten calendar days prior to the date
set for the hearing. The notice, whether by mail or on the City website,
[shall] state the time and place of such hearing
(E)
Jurisdiction
of Board of Adjustment.
When in its reasonable judgment,
the public convenience and welfare will be substantially served and
the appropriate use of the neighboring property will not be substantially
impaired, the Board may, in specific cases, after public notice and
public hearing, and subject to appropriate conditions and safeguards,
authorize the following variances or special exceptions to the regulations
herein established and take action in regard to the continuance or
discontinuance of a nonconforming use, as follows:
(1)
To hear and decide appeals where it is alleged there is error on any order, requirement, decision or determination made by the official charged with the enforcement of Chapter 2 of this GDC.
(2)
To initiate on its motion, or on cause presented by interested property owners, action to bring about the discontinuance of a nonconforming use in accordance with Subsection (3) below.
(3)
To
require the discontinuance of a nonconforming use under any plan whereby
full value of the structure can be amortized within a definite period
of time, taking into consideration the general character of the neighborhood
and the necessity for all property to conform to the regulations of
this GDC.
(4)
To authorize the remodeling or enlargement of a nonconforming use when such a remodeling or enlargement would not tend to prolong the life of the nonconforming use. Upon review of the facts, the Board may establish a specific period of time for the return of the occupancy to a conforming use in accordance with Subsection (3) above.
(5)
To authorize the reconstruction of a nonconforming structure or building on the same lot or tract, provided that the reconstruction does not, in the judgment of the Board, prevent the return of the property to a conforming use or increase the nonconformity of a nonconforming structure and provided that the reconstruction conforms to the provisions of Article 7 of this Chapter 2.
(6)
To
authorize a variance of the front yard, side yard, rear yard, lot
width, lot depth, coverage, setback standards, off-street parking,
or off-street loading regulations where the literal enforcement of
the provisions of this GDC would result in an unnecessary hardship,
and where the variance is necessary to permit the use of a specific
parcel of land which differs from other parcels of land in the same
district by being of such a restricted area, shape, or slope that
it cannot be developed in a manner commensurate with the development
permitted upon other parcels of land in the same district. A modification
of the standards established by this GDC may not be granted to relieve
a self-created or personal hardship, or for mere financial hardship.
Further, a variance may not be granted to permit a person a privilege
in developing a parcel of land not permitted by this GDC, or not permitted
on other parcels of land in the district. No variance may be granted
if the granting of the variance will create an unnecessary hardship
as herein defined on another parcel of property.
(7)
To
authorize a request for a variance regarding fencing regulations,
including height, location, and materials.
(F)
Fees.
All persons, firms, or corporations requesting a hearing before
the Board are required to pay the necessary fees as set forth in the
City’s fee schedule (see the Development Application
Packet, as well as applicable sections of the City Code).
(Ordinance 6773 adopted 5/19/15; Ordinance 7107, sec. 17, adopted 12/3/19)
