(a)
Board created; membership; vacancies.
There is hereby
created a board of adjustment consisting of five (5) members, each
to be appointed by the mayor subject to approval by a majority of
the council for a term of two years and removable for cause by the
appointing authority, and the vacancy filled with a suitable person
to serve out the unexpired term of any member whose place on the board
has become vacant for any cause. The board of adjustments serves as
the body which hears and decides appeals of matters under the following
portions of this code:
(6)
In the absence of the mayor’s appointment of an electrical board of appeals pursuant to code sections 3.02.441 through 3.02.444 pertaining to the National Electrical Code of 2005 or any later version of such National Electrical Code adopted pursuant to code section 3.02.381 or any amendment of section 3.02.381, this board of adjustments shall serve as the electrical board of appeals.
(7)
Code sections 2.03.032(e) and (f) pertaining to any appeal of a revocation of a confined animal facility operating permit.
(b)
Alternate members; vacancies.
The mayor shall appoint
four (4) alternate members of the board, who shall serve in the absence
of one or more of the regular members of the board when requested
to do so by the mayor, or in his absence the mayor pro tem, so that
all cases to be heard by the board will always be heard by four (4)
members. The alternate members, when appointed, shall serve for the
same period as the regular members, and alternate members shall also
be removable for cause.
(c)
Meetings; rules of procedure; records.
The board may
adopt rules governing its proceedings, not inconsistent with this
article. Meetings of the board shall be held at the call of the chairman
and at such other times as the board 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 board shall keep minutes of its proceedings, showing
the vote of each member upon each question, or if a member is absent
or fails 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. The
office of the city secretary is hereby designated as the office of
the board. The city secretary shall have the duty of care, custody
and control of the records of the board.
(2005 Code, sec. 17.15.01; Ordinance 16-10, sec. 3, adopted 9/15/16)
(a)
Method of appeal; record.
Appeals to the board can be
taken by any person aggrieved or by any officer, board or department
of the municipality affected by any decision of the administrative
officer. Such appeal shall be taken within fifteen (15) days’
time 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 shall forthwith transmit to the board
all the papers constituting the record upon which the action appealed
from was taken.
(b)
Fees.
All such appeals shall be accompanied by a fee payable to the city in the amount prescribed therefor in the fee schedule in appendix A of this code, no part of which shall be returnable, regardless of the disposition of any such appeal; provided, however, that no fee shall be required of any officer, department or board of the municipality acting officially.
(c)
Staying of proceedings.
An appeal shall stay all proceedings
of the action appealed from, unless the officer from whom the appeal
is taken certifies to the board, 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 board or by a court
of record on notice to the officer from whom the appeal is taken and
on due cause shown.
(d)
Hearing and notice thereof.
The board shall fix a reasonable
time for the hearing of an appeal, give public notice thereof as well
as due notice to the parties in interest, and decide the same within
a reasonable time. During the hearing, any party may appear in person
or by attorney or agent. The hearing shall be set so that at least
one council meeting occurs between the time of appeal and the public
hearing.
(e)
Rehearing of appeals.
No appeal to the board for a special
exception or a related variance on the same piece of property shall
be allowed prior to the expiration of six (6) months from a previous
ruling by the board on any appeal to such body unless other property
in the immediate vicinity has, within the said six (6) months period,
been changed or acted on by the board or council so as to alter the
facts and conditions on which the previous board action was based.
Such change of circumstances shall permit the rehearing of an appeal
by the board prior to the expiration of a six (6) month period, but
such conditions shall in no wise have any force in law to compel the
board, after a hearing, to grant a subsequent appeal. Such subsequent
appeal shall be considered entirely on its merits and the peculiar
and specific conditions related to the property on which the appeal
is brought.
(2005 Code, sec. 17.15.02)
(a)
The board shall have the following powers:
(1)
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this article, or any of the matters set forth in section 14.02.661(a).
(2)
To hear and decide special exceptions to the terms of this article
upon which the board is required to pass under this article.
(3)
To authorize upon appeal in special cases such variances from the
terms of this article as will not be contrary to the public interest,
where, owing to special conditions, the literal enforcement of the
provisions of this article will result in unnecessary hardship, and
so that the spirit of this article shall be observed and substantial
justice done.
(4)
To interpret the intent of the zoning map where uncertainty exists and none of the rules set forth in section 14.02.004 [14.02.003] apply.
(5)
To approve the use of a lot for off-street parking of vehicles when
said lot is in one district and the principal use served by the parking
facility is located in another district.
(6)
To initiate, on its motion or otherwise, action to bring about the discontinuance of a nonconforming use in accordance with subsection (7) below.
(7)
To require the discontinuance of a nonconforming use under any plan
whereby full value of the structure or use 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 article.
(8)
To permit such variance of the front yard, side yard, rear yard,
lot width, lot depth, minimum setback standards, off-street parking
or off-street loading regulations where the literal enforcement of
the provisions of this article would result in an unnecessary hardship,
and where such variance is necessary to permit a specific lot which
differs from other lots in the same district by being of such restricted
area, shape or slope that it cannot be developed in a manner commensurate
with the development permitted upon other lots in the same district.
A modification of the standards established by this article shall
not be granted to relieve a self-created or personal hardship, nor
for financial reason only, nor shall such modification be granted
to permit any person a privilege in developing a parcel of land not
permitted by this article to other parcels of land in the same district.
(b)
In exercising its powers the board may, in conformity with the provisions
of chapter 211 of the Texas Local Government Code, revise or reform
wholly or partly, or may modify the 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.
(2005 Code, sec. 17.15.03; Ordinance 16-10, sec. 4, adopted 9/15/16)
The concurring vote of four (4) members of the board shall be
necessary to revise any order, requirement, decision or determination
of any such administrative official, or to decide in favor of the
application on any matter upon which it is required to pass under
this article or to effect any variance under this article.
(2005 Code, sec. 17.15.04)
Any person or persons, jointly or severally, aggrieved by any
decision of the board, 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 is illegal, in whole
or in part, specifying the grounds of the illegality. Such petition
shall be presented to the court within ten (10) days after the filing
of the decision in the office of the board.
(2005 Code, sec. 17.15.05)
