(a)
Establishment.
A board of adjustment is hereby established,
to consist of five regular members who shall be residents and qualified
voters of the city, to be appointed by the city council.
(b)
Alternate members.
The city council may appoint two
(2) alternate members of the board who shall serve in the absence
of one or more of the regular members when requested to do so by the
chairperson of the board, so that all cases to be heard by the board
will always be heard by a minimum number of four (4) members.
(c)
Removal.
Members of the board of adjustment or alternate
members may be removed from office by the city council for cause upon
written charges and after public hearing. Cause for removal shall
include missing more than two consecutive meetings or three meetings
in any one twelve-month period or such other misconduct as the city
council may define by resolution.
(d)
Vacancies.
Shall be filled by appointment of the city
council for the unexpired term of the member affected.
(Ordinance 525-2010 adopted 11/18/10)
(a)
Generally.
Each board member and alternate member shall
serve for a term of two years. The terms of three of the members,
and one alternate member shall begin on July 1st of each odd-numbered
year, and the terms of two of the members and the other alternate
member shall begin on July 1st of each even-numbered year.
(b)
Places.
The members of the board shall be identified
by place numbers one through five. The odd-numbered places shall expire
in the odd-numbered years; the even-numbered places shall expire in
the even-numbered years.
(c)
Term limits.
No members shall serve for more than four
(4) consecutive terms or twelve (12) years (whichever is less).
(Ordinance 525-2010 adopted 11/18/10)
(a)
Meetings.
(1)
The board shall hold an organizational meeting on the first Monday
in July of each year and shall elect officers from among its members
before proceeding to any other matters of business.
(2)
Meetings shall be held at the call of the chairman and at such other
times as the board may determine.
(3)
All meetings shall be open to the public except for purposes as permitted
by the Texas Open Meetings Act.
(b)
Minutes.
The board of adjustment shall keep minutes
of its proceedings, showing the vote of each member upon each question,
or if absent or failing to vote, indicating such fact, and shall keep
records of its examinations and other official actions, all of which
shall be public record and be immediately filed in the office of the
city secretary. The city secretary’s office is designated as
the office of the board.
(c)
Rules.
The board of adjustment shall adopt rules necessary
to the conduct of its affairs which shall conform with the provisions
of this article and state statutes. The rules shall not become effective
unless the board has furnished a copy of the rules to the city manager.
(d)
Quorum.
A quorum for the conduct of business shall consist
of four members of the board.
(e)
Attendance.
The members of the board shall regularly
attend meetings and public hearings of the commission and shall serve
without compensation.
(Ordinance 468-2008 adopted 12/18/08)
(a)
Votes required.
The concurring vote of four 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; or
authorize a variance from the provisions of this article.
(b)
Disqualification from voting.
(1)
A member of the board of adjustment shall abstain from voting whenever
he finds that he or she has a personal or monetary interest in the
property under appeal, or that he or she will be directly affected
by the decision of the board; or as otherwise required by the Texas
Local Government Code, as amended.
(2)
A member may disqualify himself or herself from voting whenever any
applicant, or the applicant’s agent, has sought to influence
the vote of the member on the appeal, other than in the public hearing.
(Ordinance 468-2008 adopted 12/18/08)
(a)
Officers.
The board of adjustment members shall select
a chairman and vice-chairman from among its members.
(b)
Duties.
Duties of the officers of the board shall be
as follows:
(c)
Term.
Officers will serve for a term of one year or
until their successors are appointed.
(Ordinance 468-2008 adopted 12/18/08)
The board of adjustment shall have the powers and exercise the
duties of a board of adjustment in accordance with section 211.008
of the Texas Local Government Code. The board’s jurisdiction
shall extend to and include the hearing and deciding of the following
types of appeals and applications, and to that end, the board shall
have the necessary authority to ensure continuing compliance with
its decisions. The board of adjustment shall have the following powers
and duties:
(1)
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;
(2)
Hear and decide applications for special exceptions to the terms
of the zoning ordinance;
(3)
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 the ordinance would result
in unnecessary hardship, and so that the spirit of the ordinance is
observed and substantial justice is done; and
(4)
Hear and decide matters relating to nonconforming uses as set forth
herein.
(Ordinance 468-2008 adopted 12/18/08)
(a)
General authority of board.
The board may permit the
reconstruction, extension, or enlargement of a building occupied by
a nonconforming use on the lot or tract occupied by the building,
and the addition of off-street parking loading to a nonconforming
use.
(b)
Discontinuance.
The board may require the discontinuance
of nonconforming uses of land or buildings under any plan whereby
the full value of the buildings and facilities can be amortized within
a definite period of time, taking into consideration the public welfare
and the general character of the neighborhood and the necessity of
all property to conform to the regulations of this article.
(c)
Power to review.
The board shall, from time to time,
on its own motion or upon cause presented by interested property owners,
inquire into the existence, continuation, or maintenance of any nonconforming
use within the city.
(Ordinance 468-2008 adopted 12/18/08)
(a)
Interpretation.
Appeals to the board of adjustment concerning
interpretation or administration of this article may be taken by any
person aggrieved or by any officer, agency, department or commission
of the city affected by any decision of the administrative official.
An appeal must be taken within 10 business days of the date the decision
has been rendered by filing with the administrative official from
whom the appeal is taken, and with the board of adjustment a notice
of appeal specifying the grounds for appeal. The administrative official
shall forthwith transmit to the board all papers constituting the
record upon which the action appealed from was taken.
(b)
Stay of proceedings.
An appeal stays all proceedings
in furtherance of the action appealed from, unless the administrative
official from whom the appeal is taken certifies to the board of adjustment
after the notice of appeal is filed with him that, by reason of facts
stated in the certificate, a stay would, in his opinion, cause imminent
peril to life and property. In such case, proceedings shall not be
stayed other than by a restraining order which may be granted by a
court of record on application, and on due cause shown.
(Ordinance 468-2008 adopted 12/18/08)
(a)
Generally.
The appeal or application shall be in such
form and contain such information as required by this article or the
board’s rules of procedure. An incomplete appeal or application
shall be deemed only to give notice of intent to appeal or apply to
the board, and shall not be reviewed or scheduled for hearing until
completed.
(b)
Specifically.
A written application for variance shall
be submitted together with the required fee, accompanied by an accurate
legal description, maps, site plans, drawings and any necessary data,
demonstrating:
(1)
That special conditions and circumstances exist which are peculiar
to the land, structure or building involved and which are not applicable
to other lands, structures, or buildings in the same district;
(2)
That literal interpretation of the provisions of this article would
deprive the applicant of rights commonly enjoyed by other properties
in the same district under the terms of this article; and
(3)
That the special conditions and circumstances do not result from
the actions of the applicant.
(Ordinance 468-2008 adopted 12/18/08)
(a)
Generally.
The board may authorize upon appeal in specific
cases such variance from the height, yard area, coverage, and parking
regulations set forth in this article as may be necessary to secure
appropriate development of a parcel of land which differs from other
parcels in the district by being of such restricted area, shape, or
slope that it cannot be appropriately developed without such modification.
(b)
Findings required.
The board shall not grant a variance
from the terms of this article unless and until it finds that:
(1)
Special conditions and circumstances exist which are peculiar to
the land, structure, or building involved and which are not applicable
to other lands, structures, or buildings in the same district;
(2)
The literal interpretation of the provisions of this article would
deprive the applicant of rights commonly enjoyed by other properties
in the same district under the terms of this article; and
(3)
That the special conditions and circumstances do not result from
the actions of the applicant.
(c)
Variance to uses.
Under no circumstances shall the board
grant a variance to allow a use not permissible under the terms of
this article in the district involved, or any use expressly or by
implication prohibited by the terms of this article in said district.
(d)
Variances to adjoining lots.
No nonconforming use of
neighboring lands, structures, or buildings in the same district and
no permitted use of lands, structures, or buildings in other districts
shall be considered grounds for the issuance of a variance.
(Ordinance 468-2008 adopted 12/18/08)
(a)
Railroads.
The board may permit the erection and use
of a building or the use of premises for railroads if such uses are
in general conformance with the comprehensive plan and present no
conflict or nuisance to adjacent properties.
(b)
Utility structures.
The board may permit a public utility
structure in any district, or a public utility building of a ground
area and of a height at variance with those provided for in the district
in which such public utility building is permitted to be located,
when found reasonably necessary for the public health, convenience,
safety, or general welfare.
(c)
Regulations affecting two lots.
The board may grant
a permit for the extension of a use, height or area regulation into
an adjoining district, where the boundary line of the district divides
a lot in a single ownership on the effective date of this article.
(d)
Regulations regarding parking.
The board may waive or
reduce the parking and loading requirements in any of the districts,
when: (1) the character or use of the building is such as to make
unnecessary the full provision of parking or loading facilities; or
(2) when such regulations would impose an unreasonable hardship upon
the use of the lot. The board shall not waive or reduce such requirements
merely for the purpose of granting an advantage or a convenience.
(Ordinance 468-2008 adopted 12/18/08)
(a)
Generally.
The board of adjustment shall fix a reasonable
time for the hearing on the appeal or application, give public notice
thereof as well as notice to the parties in interest, and decide the
same within a reasonable time.
(b)
Notice of hearing.
(1)
The city shall send written notice of public hearing on every application
for a variance or special exception or for an interpretation of regulations
applying to an individual property to all owners of property, or to
the person rendering the same for city taxes, affected by such application,
located within 200 feet of any property affected thereby, not less
than 10 days before such hearing is held. The notice shall be served
by using the last known address as listed on the city tax roll and
depositing the notice, postage paid, in the United States mail. Depositing
of such written notice in the mail shall be deemed sufficient compliance
therewith.
(2)
In addition, a list of items on the agenda to be heard by the board
shall be posted at a public place in City Hall at least 72 hours before
the hearing.
(Ordinance 468-2008 adopted 12/18/08)
At the hearing, any party may appear in person or by agent or
attorney. Evidence supporting the grant or denial of an appeal shall
be submitted only through the administrative official or to the board
in public meeting. An appeal or application may be withdrawn upon
written notice of the administrative official, but no appeal shall
be withdrawn after posting of hearing notice and prior to board action
thereon without formal consent of the board.
(Ordinance 468-2008 adopted 12/18/08)
(a)
Generally.
Every decision of the board of adjustment
shall be based upon the findings of fact and every finding of fact
shall be supported in the record of proceedings. The enumerated conditions
required to exist on any matter upon which the board is authorized
to pass under this article shall be construed as limitations on the
power of the board to act.
(b)
Conditions on approval of request.
In approving any
request, the board of adjustment may impose such conditions in connection
therewith to secure substantially the objectives of the regulations
or provisions to which such variance is granted and to provide adequately
for the maintenance of the integrity and character of the zone in
which such permit is granted. In exercising its powers, the board
may modify in whole or in part any order, requirements, decision or
determination as ought to be made, and to that end, shall have the
powers of the administrative official from whom the appeal is taken.
When necessary, the board of adjustment may require guarantees, in
such form as it deems proper, to insure that conditions designated
in connection therewith are being or will be complied with.
(c)
Expiration of relief.
Unless a building permit or certificate
of occupancy is obtained, an appeal shall expire 60 days after the
board’s decision unless a greater time is requested in the application
and is authorized by the board. Any approval may be granted one emergency
extension of 60 days on written request filed with the board before
expiration of the original approval.
(Ordinance 468-2008 adopted 12/18/08)
(a)
No appeal or application that has been denied shall be further considered
by the board under a subsequent request obtained by filing new plans
and obtaining of a new decision from the administrative official unless:
(b)
An application withdrawn at or before the board meeting may be resubmitted
at any time for hearing before the board.
(Ordinance 468-2008 adopted 12/18/08)
Any person or persons, or any board, taxpayer, department, commission
or agency of the city aggrieved by any decision of the board of adjustment
may seek review by a court of record a petition duly certified, setting
forth that such decision is illegal in whole or in part, specifying
the grounds of such illegality. The petition shall be presented to
the court within ten days after the filing of the decision complained
of in the office of the board of adjustment.
(Ordinance 468-2008 adopted 12/18/08)
(a)
The board shall have the power to hear and decide special exceptions
in the districts indicated on the table of permitted uses or in the
accessory uses regulations, subject to full and complete compliance
with any and all conditions listed, together with such other conditions
as the board may impose for protection of the public health or safety:
|
Special Exception
|
Applicable Section
| ||
|---|---|---|---|
|
Small wind turbine height over 65 feet
|
Section 3-2.A.26(d)
| ||
|
Large wind turbine height over 65 feet
|
Section 3-2.A.27(d)
| ||
|
Additional structure height over maximum amount
|
Section 6-4.A.1(c)
| ||
|
Reduction of parking spaces upon documentation
|
Section 6-7.C.1
| ||
|
Freestanding cell tower exceeding 65 feet in residential district
|
Section 6-12.C.5
| ||
|
Extra height for antenna which is not fastened to antenna facility
|
Section 6-12.C.6
| ||
|
Building attached antenna in residential district
|
Section 6-12.D.1
| ||
|
Additional antenna height in non-residential district
|
Section 6-12.E.3
| ||
|
Building attached antenna in non-residential district
|
Section 6-12.E.4
| ||
|
Relief from antenna facility regulations
|
Section 6-12.G
| ||
|
Additional height for parking lot light standards
|
Section 6-13.E.3
| ||
|
Relief from illumination level for public and semi-public recreational
facilities
|
Section 6-13.F.1
| ||
|
Relief from prohibited lighting elements
|
Section 6-13.G
| ||
|
Relief from maximum period for a cargo container
|
Section 6-14.B.1
| ||
|
Exceed number of cargo containers permitted in the I district
|
Section 6-14.B.15
| ||
|
Masonry requirements when the exception is necessary to ensure:
|
| ||
|
|
(1)
|
Historical accuracy.
|
|
|
|
(2)
|
Compatibility with the neighborhood.
|
|
|
Fence height when the exception is necessary to ensure compatibility
with the neighborhood or is created by the grade of the property or
abutting property.
|
(b)
Findings.
The board shall not grant a special exception
unless it finds:
(1)
That the use is specifically permitted under the ordinance and the
requirements for such use are met; and
(2)
That the locations of proposed activities and improvements are clearly
defined on the site plan filed by the applicant; and
(3)
That the exception, if granted, will be wholly compatible with the
use and permitted development of adjacent properties.
(Ordinance 468-2008 adopted 12/18/08)
There shall be a fee assessed for each request for an appeal,
variance or special exception request submitted to the board, in an
amount as set forth in the city fee schedule.
(Ordinance 468-2008 adopted 12/18/08)
