Variances apply to how a structure or its appurtenances fit on a property. A variance might be granted to ease lot setback requirements due to land terrain.
The Pottsboro City Council (Council) shall have the power to grant variances to the terms of this ordinance that will not be contrary to the public interest where, owing to special conditions, a literal enforcement of this ordinance will result in unnecessary hardship.
(Ordinance 1376 adopted 8/1/16)
All applications for variances shall be accompanied by:
27.2.1 
Description of special conditions or circumstances that exist which require the variance need;
27.2.2 
Details of how the applicant’s rights that are commonly enjoyed by other properties in the same district would be deprived by not granting a variance;
27.2.3 
Proof that the special conditions and circumstances requiring the variance were not the result of the actions of the applicant;
27.2.4 
Demonstration that in the approval of the variance, the requester will not receive any special privileges;
27.2.5 
A site plan drawn to scale and depicting general arrangement of the project including building location(s).
(Ordinance 1376 adopted 8/1/16)
A 75% approval vote of the Council is required to approve a variance, when the Council determines that all of the conditions are met.
(Ordinance 1376 adopted 8/1/16)
Other nonconforming buildings or structures in the same zoning district will not be grounds for issuance of a variance.
(Ordinance 1376 adopted 8/1/16)
City Council may permit a public utility or public service or structure in any district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety, or general welfare.
(Ordinance 1376 adopted 8/1/16)
A variance may be granted as a special exception in specific cases where land by reason of exceptional or extraordinary topographical conditions; that through the strict application of this ordinance would result in peculiar and undue hardship upon the owner of the property, provided such relief may be granted without substantial detriment to the public good and without impairing the intent and purpose of this ordinance.
(Ordinance 1376 adopted 8/1/16)
CITY P AND Z COORDINATOR
1.
Receives Application.
2.
Receives Filing Fee.
3.
Receives Site Plan Details.
4.
Sets up Public Hearing for Council.
5.
Notifies property owners within 200 feet. (Responses in Council agenda packets)
6.
Newspaper Notice 15 days prior to Council Hearing.
7.
Distributes agenda packets to Council.
ZONING BOARD OF ADJUSTMENT
1.
Conducts Public Hearing.
2.
Hears applicant’s request.
3.
Hears favorable/unfavorable citizens inputs.
4.
Hears City Staff Recommendation.
5.
4/5 approval vote of Council to approve.
CITY P AND Z COORDINATOR
1.
If Passes:
2.
Has variance request signed by applicant, owner, and grantee of the variance.
3.
Has Requester sign for any stipulations added.
4.
Has variance request signed by Council (Mayor).
5.
Retains copy of variance request.
(Ordinance 1376 adopted 8/1/16)