Town of Cross Roads, TX Administration and Enforcement

Establishment.

The members of the Town Council are hereby appointed and authorized to act as the board of adjustment in accordance with the provisions of Chapter 211, Texas Local Government Code, regarding the zoning of cities and with the powers and duties as provided in said Code.

Membership.

The board shall consist of the five (5) members of the Town Council, exclusive of the mayor. When acting as a board of adjustment, the mayor shall serve as the chairman, without the power to vote on matters coming before the board. In his absence, the mayor pro tem shall act as chair and, in his absence, the remaining members of the board shall appoint by simple majority vote any other member to act as chair for that meeting. There will be no alternate members of the board.

Rules and regulations.

The Town Council may adopt rules of procedure to govern its proceedings when acting as a board of adjustment and shall keep minutes of its proceedings that indicate the vote of each member on each question or the fact that the member is absent or fails to vote. The board shall keep records of its examinations and other official actions. The minutes and records shall be filed in the board’s office and are public records and all meetings shall be open to the public.

Meetings.

Meetings of the board shall be held at the call of the chairman and at such other times as determined by the board. The chairman or vice chairman may administer oaths and compel the attendance of witnesses.

(5)

Each case before the board must be heard by at least four (4) members. The presence of the mayor shall not count towards the quorum requirement.

(c)

Authority of board.

The board of adjustment has the following authority:

To hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this article. In exercising the authority under this subsection, the board may reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the board has the same authority as the administrative official.

To hear and decide special exceptions to the terms of this zoning ordinance when this article requires the board to do so. In this regard, the board may grant only special exceptions that are authorized to be granted by the terms of this article.

To authorize in specific cases a variance from the terms of this article if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of this article would result in unnecessary hardship, and so that the spirit of this article is observed and substantial justice is done.

To hear and decide other matters authorized by an ordinance of the town.

(5)

To subpoena witnesses, administer oaths, and may require the production of documents.

(d)

The concurring vote of four (4) members of the board is necessary to:

Reverse an order, requirement, decision, or determination of an administrative official.

Decide in favor of an applicant on a matter on which the board is required to pass under a zoning ordinance.

Authorize a variance from the terms of a zoning ordinance.

(e)

Appeal to board.

Any of the following persons may appeal to the board of adjustment a decision made by an administrative official:

(A)

A person aggrieved by the decision; or

(B)

Any officer, department, board, or bureau of the Town affected by the decision.

The appellant must file with the board and the official from whom the appeal is taken a notice of appeal specifying the grounds for the appeal. The appeal must be filed within a reasonable time as may determined by the rules of the board and if none, then within twenty (20) days after the decision sought to [be] appealed. Failure to perfect an appeal within this time shall be deemed to be a waiver of the right to appeal. On receiving the notice, the official from who the appeal is taken shall immediately transmit to the board all the papers constituting the records of the action that is appealed.

An appeal stays all proceedings in furtherance of the action that is appealed unless the official from who the appeal is taken certifies in writing to the board facts supporting the official’s opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the board or a court of record on application, after notice to the official, if due cause is shown.

The board shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest. A party may appear at the appeal hearing in person or by agent or attorney. The board shall decide the appeal within a reasonable time.

(Ordinance 2006-0213-01 adopted 3/13/06)

(a)

Any person or corporation having a proprietary interest in any property may petition the governing body of the town for a change or amendment to the provisions of this article or the planning and zoning commission may, on its own motion or on request from the governing body, institute study and proposal for changes and amendments in the public interest.

(b)

Procedures.

The town council may, from time to time, amend, supplement or change by ordinance, the boundaries of the districts or the regulations herein established as provided by the statutes of the state.

Before taking action on any proposed amendment, supplement or change, the town council shall submit the same to the planning and zoning commission for its recommendation and report.

The planning and zoning commission shall hold a public hearing on any application for any amendment or change prior to making its recommendation and report to the town council. Written notice of all public hearings before the planning and zoning commission on a proposed amendment or change shall be sent to all owners of real property lying within two hundred feet (200') of the property on which the change is requested. Such notice shall be given not less than ten (10) days before the date set for hearing by posting such notice, properly addressed and postage paid, to each taxpayer as the ownership appears on the last approved tax roll of the town or the county tax roll for the area affected.