A.
Generally.
The Zoning Board of Adjustment may decide appeals of dispositive administrative decisions made during the processing of applications for approvals pursuant to this UDC, including asserted errors in any order, requirement, permit, decision, determination, refusal, or interpretation made by any administrative officer in interpreting the provisions of this UDC.
B.
Applicability.
Appeals of administrative decision applications may be made by any person aggrieved or by an officer, department, or board of the City affected by any decision of the Building Official or other City staff person set out in Division 13.200, City Staff and Other Review Bodies, provided that:
1.
The action by the administrative officer is dispositive with respect to the application or a material part of it;
2.
There is no other specific appellate procedure provided for the application type in this UDC or in state law (e.g., the appeal is related to a building code requirement subject to the jurisdiction of the Building Board of Adjustment and Appeals, the action could be handled via the variance process, etc.); and
3.
The administrative appeals process is not used to address or resolve disputed questions of fact or law in connection with an enforcement action, nor to seek relief from an enforcement action.
C.
Application.
Appeals of administrative decision applications shall be on a form approved by the Building Official. Such appeal shall be made within 15 days after the decision has been rendered by the administrative official. No appeal shall be heard if the application is untimely.
D.
Procedure.
1.
Applications for appeals of administrative decisions are processed according to the sequential steps set out in Section 14.202, Pre-Application Conference, through Section 14.207, Public Meetings and Hearings, and shall be referred to other departments and agencies, as applicable, and then decided by the Zoning Board of Adjustment, as set out in Section 14.103, Public Meeting and Hearing Approvals.
2.
An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Zoning Board of Adjustment after the notice of appeal shall have been filed, that by reason of facts stated in the certificate, a stay would in his or her opinion, cause imminent peril of life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order that may be granted by the Zoning Board of Adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.
E.
Decision Criteria.
1.
The Zoning Board of Adjustment shall have the power to review the decision of the administrative official de novo, but shall not consider new evidence that was not available to the administrative official.
2.
The Zoning Board of Zoning Adjustment shall render a final written decision within 30 days after conclusion of the public hearing for an appeal alleging error.
3.
To support its decision and resolution of the questions and issues raised in the proceedings, the Zoning Board of Adjustment shall adopt findings of fact and may include mixed questions of law and fact.
F.
Effect of Decision.
1.
In determining an appeal alleging error, the Zoning Board of Adjustment may, as long as such action is in conformity with the terms of this UDC, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the Building Official or administrative official from whom the appeal is taken.
2.
The Zoning Board of Adjustment, in deciding any appeal alleging error, may prescribe such supplementary conditions, limitations and safeguards which are not in conflict with this UDC and which is deemed necessary to protect the public interest and neighboring properties. Such supplementary conditions, limitations and safeguards shall be made a part of the proceedings and shall be incorporated in the final decision.
G.
Appeals of Zoning Board of Adjustment Decisions.
Recourse from written decisions of the Zoning Board of Adjustment shall be filed within 10 days to the courts as set out in Section 211.011, Judicial Review of Board Decision, of the Tex. Local Gov’t Code.
(Ordinance 2015-30 adopted 10/30/15)