(A)
Purpose.
The purpose of a special exception is to authorize a modification
of zoning standards applicable to particular types of development
within any zoning district, which is consistent with the overall intent
of the zoning regulations and for which express standards are prescribed,
but that requires additional review to determine whether the development
with the modification is compatible with adjoining land uses and the
character of the neighborhood in which the development is proposed.
(B)
Applicability.
The Planning Director may make a determination as to whether a requested deviation from a GDC standard qualifies as a special exception, or if it constitutes a variance (see Section 2.25). An application for a special exception may be filed only for those modifications listed below:
(1)
To
alter front, side or rear setbacks, provided that the special exception
does not exceed ten percent of the minimum requirement;
(2)
To
waive or reduce the parking and loading requirements in an amount
not exceeding thirty-three percent (of the normal requirement in any
zoning district) for one or more of the following situations, whenever
the character or use of the building makes unnecessary the full provision
of parking or loading facilities or where the regulations would impose
an unreasonable hardship upon the use of the property for the following
purposes:
(a)
Housing specifically designed and intended for use by the elderly,
disabled, or other occupants typically having a lower expectation
of automobile ownership;
(b)
Adaptive reuse or restoration of a historically or architecturally
significant structure;
(c)
Expansion of a nonprofit, public, or social service use on an existing
site; and
(d)
Conversion of a nonconforming use to a conforming use that will maintain
some nonconforming aspects (such as too little parking).
(3)
To
correct an inadvertent building, fence, accessory building, or other
structural encroachment into a required front, side, or rear yard
setback.
(C)
Effect.
Approval of an application for a special exception entitles
the property owner to undertake the activity authorized under the
exception.
(D)
Application
Requirements.
The Building Official is the responsible
official for processing a special exception application. Requirements
for the format and contents of an application for a Special Exception
must be in accordance with the requirements specified in the Development Application Packet, as may be amended from time
to time.
(E)
Processing
of Application and Decision.
(F)
Criteria
for Approval.
(1)
In deciding whether to approve, conditionally approve, or deny the application for a special exception, the Board must apply the standards in Article 7 of this Chapter 2 governing special exceptions. In addition, the Board must consider whether the special exception will substantially and adversely affect the use of adjacent or neighboring property.
(2)
The
Board may impose conditions on the granting of a special exception
as are necessary to prevent harm to adjacent or neighboring property.
(G)
Expiration.
The special exception expires on the date established as a condition
of approval or one year (that is, 365 calendar days) after the Board
approves or conditionally approves the application (not including
the approval date), unless the applicant performs all the terms, conditions,
and obligations of the approved special exception prior to the expiration
date.
(Ordinance 6773 adopted 5/19/15)
(A)
Purpose.
The purpose of a reasonable accommodation is to authorize a
modification of certain zoning standards so that a person with disabilities
may have equal access to housing within the City of Garland.
(B)
Applicability.
(1)
A person requesting a reasonable accommodation from a zoning regulation(s) in Chapter 2 of this GDC on the basis of a disability must file a written application for a reasonable accommodation with the Planning Director. The applicant shall not be charged a fee for the application. The application must expressly state the accommodation from the zoning regulation(s) requested and the basis for the request.
(2)
If
an applicant requests assistance to file a written application for
reasonable accommodation due to a disability, the Planning Director
shall provide assistance including, but not limited to, transcribing
a verbal request into a written request.
(3)
The
Planning Director shall review the application, confer with the Office
of the City Attorney, and issue a written decision on the request
no later than 30 calendar days from the date the request is received.
The written decision shall state the basis of the decision.
(4)
If
the Planning Director fails to render a written decision within 30
calendar days, the application shall be deemed granted.
(5)
After
receiving an application for a reasonable accommodation, the Planning
Director may request additional information from the applicant consistent
with the Federal Fair Housing Amendments Act and the American with
Disabilities Act. The request shall specify the additional information
that is needed from the applicant for the Planning Director to render
a decision. In the event additional information is requested by the
Planning Director, the 30 calendar day period to issue a decision
is stayed until the applicant’s response is received by the
Planning Director.
(6)
The
applicant (or the person on whose behalf the applicant is requesting
the accommodation) has the burden to present sufficient facts in the
application that demonstrate:
(a)
The applicant (or the person on whose behalf the applicant is requesting
the accommodation) suffers from a handicap as defined by the Fair
Housing Amendments Act; and
(b)
The applicant (or the person on whose behalf the applicant is requesting
the accommodation) demonstrates that the accommodation is both reasonable
and necessary. An accommodation under this subsection section is “necessary”
if without the accommodation the applicant (or the person on whose
behalf the applicant is requesting the accommodation) will be denied
an equal opportunity to obtain the housing of his or her choice;
(7)
If the applicant demonstrates the matters set out in subsection (6) above, the request for reasonable accommodation shall be granted by the Planning Director, unless the Planning Director demonstrates that the accommodation requested would fundamentally alter the City’s zoning regulations, or would pose an undue negative impact on the public health, safety or welfare.
(8)
If
the Planning Director finds that the requested accommodation would
fundamentally alter the City’s zoning regulations, or would
pose an undue negative impact on the public health, safety, or welfare,
the Planning Director shall determine whether an alternative reasonable
accommodation exists that would effectively meet the disability-related
need.
(C)
Appeals.
(1)
An
applicant may appeal the written decision to deny or to grant an alternative
reasonable accommodation to the City Manager no later than 30 calendar
days from the date the decision is mailed.
(2)
If
an applicant needs assistance appealing a written decision, the Planning
Director shall provide assistance including, but not limited to, transcribing
a verbal appeal into a written appeal.
(3)
An
appeal must be in writing and include the grounds for the appeal.
(4)
An
applicant is not required to pay a fee to appeal a written decision.
(5)
The
City Manager, or a person designated by the City Manager (other than
the Planning Director or an official of the Planning Department),
shall review the appeal and issue a written decision no later than
30 calendar days from the date the appeal is received. The written
decision shall expressly state the basis of the decision.
(6)
If
the City Manager, or a person designated by the City Manager (other
than the Planning Director or an official of the Planning Department),
fails to render a written decision on the appeal within 30 calendar
days from the date the appeal is received, the requested accommodation
shall be deemed granted.
(7)
Consideration
of an appeal is subject to the same criteria set forth in subsection
(B)(6) above.
(Ordinance 6773 adopted 5/19/15; Ordinance 6881 adopted 2/7/17)
(A)
Purpose
& Applicability.
The purpose of a variance is to vary one or more zoning standards applicable to a use authorized under this Chapter 2. A variance application cannot be used as a means of amending the text of the City’s zoning regulations or of changing a zoning district classification of the property for which the variance is sought. A variance application also cannot be used as a means to contest the applicability of a standard to a development application, an exemption determination, or a decision on a development application.
(B)
Effect.
The granting of a variance petition, in whole or in part, authorizes
the decision-maker to evaluate a variance application using the varied
standard, for the duration of the variance.
(C)
Application
Requirements.
(1)
A
variance application must contain a detailed written statement of
the reasons why the standards to be varied should not be applied to
the use identified in the application, and must be accompanied by
the fee established by the City Council. The application also must
be accompanied by illustrations or other documents showing the effect
of the requested variance on the proposed development.
(2)
A
variance application must be filed with the Building Official. No
development application that is dependent upon approval of the pending
variance application may be approved until a final decision has been
reached on the variance application.
(D)
Processing
of Petitions and Decision.
(1)
The Board of Adjustment shall conduct a public hearing on the variance application in accordance with normal rules and procedures that are applicable to public hearings, and personal notice must be provided in accordance with Section 1.24 of this GDC.
(2)
The
Board of Adjustment must approve, conditionally approve, or deny the
variance application as it deems appropriate.
(3)
The
applicant bears the burden of proof in establishing the facts to justify
a variance.
(E)
Criteria
for Approval.
In deciding the variance application, the
Board shall apply the following criteria:
(1)
There
are special circumstances or conditions arising from the physical
surroundings, shape, topography or other feature affecting the land
such that the strict application of the provisions of this GDC to
the proposed use would create an unnecessary hardship or inequity
upon or for the applicant, as distinguished from a mere inconvenience,
in developing the land, or would deprive the applicant of the reasonable
and beneficial use of the land;
(2)
The
circumstances causing the hardship do not similarly affect all or
most properties in the vicinity of the applicant’s land;
(3)
The
variance is necessary for the preservation of a substantial property
right of the applicant;
(4)
Granting
the variance application will not be detrimental to the public health,
safety or welfare, or injurious to other property within the area;
(5)
Granting
the variance application will not have the effect of preventing the
orderly use and enjoyment of other land within the area subject to
the provisions of this GDC, or adversely affect the rights of owners
or residents of surrounding property;
(6)
The
hardship or inequity suffered by petitioner is not caused wholly or
in substantial part by the applicant;
(7)
The
request for a variance is not based solely on the applicant’s
desire for increased financial gain from the property, or to reduce
an existing financial hardship; and
(F)
Expiration
and Extension.
A variance that results in the authorization
to issue a Building Permit or Certificate of Occupancy will expire
one year from the date the variance is granted, unless the applicant
files a complete application for a Building Permit or Certificate
of Occupancy with the City within one year of the date the variance
was granted. The Building Official may extend the time for filing
the Building Permit application for good cause.
(Ordinance 6773 adopted 5/19/15)
(A)
Application.
A property owner may apply to the Board of Adjustment for a
change in the status of a nonconforming use or structure for the following
matters:
(1)
Expansion
of the land area or the building area of a nonconforming use;
(2)
Reconstruction or repair of a nonconforming structure that has been destroyed (refer to Article 7 in this Chapter 2);
(3)
Resumption
of a nonconforming use previously abandoned;
(4)
The
enlargement, expansion or repair of a nonconforming structure if such
enlargement, expansion or repair does not increase the use’s
nonconformity; or
(5)
Encroachment
on a zoning setback line.
(B)
Effect.
If the Board grants the application for a change in nonconforming
status, any modifications made in the nonconforming use, structure,
or lot that are consistent with the approved application will be of
the same status, and subject to the same limitations, as the original
nonconformity under this GDC.
(D)
Criteria
for Approval.
In deciding the application, the Board
must apply the following criteria:
(E)
Petition
for Termination.
(1)
The
Building Official is the responsible official for processing a petition
seeking termination of nonconforming status.
(2)
A
City official may petition the Board of Adjustment for termination
in nonconforming status of a nonconforming use, nonconforming structure,
or nonconforming lot.
(3)
If
the Board grants the petition for termination of nonconforming status,
the nonconforming use, nonconforming structure, or nonconforming lot
will be in violation of this GDC and subject to any remedy for enforcement,
as provided herein.
(4)
The
application must include a concise statement of the reasons why the
nonconforming status should be terminated, with specific reference
to the rule(s) governing the nonconformity that the petitioner seeks
to enforce, and a detailed explanation of how granting the petition
will enforce the rule(s) governing nonconforming status.
(Ordinance 6773 adopted 5/19/15)
