The word “board” when used in this article shall
be construed to mean the board of adjustment.
(Ordinance 335-93 adopted 2/16/93; 1993 Code, ch. 12, ex. A, sec.
16.00; Ordinance 414-97 adopted 12/16/97)
(a)
Establishment.
A board of adjustment is hereby established
in accordance with the provisions of V.T.C.A., Local Government Code,
chapter 211, regarding the zoning of cities and with the powers and
duties as provided in said statutes.
(b)
Membership.
(1)
The board shall consist of five (5) citizens of Willow Park. Members
will be appointed by the mayor and confirmed by the city council.
Each board member will serve within the designated Place position
numbered 1 through 5, and serve a 2-year term, to begin January of
each even year for even-numbered places and each odd year for odd-numbered
places. Each member of the board shall be removable for cause by the
city council upon written charges and after public hearings. Vacancies
shall be filled by the city council for the unexpired term of any
member whose term becomes vacant. There may be a maximum of four alternates
to the board to be appointed in like manner to serve in the absence
of a regular member. Alternates must attend a minimum of two (2) meetings
per year.
(2)
The board of adjustment shall be scheduled to meet on a quarterly
basis. It shall be grounds for removal of any member of the board
who is absent from two (2) consecutive meetings without cause. The
chairperson of the board shall be elected by the board membership
each year and may not hold the chair position of any other city board
of [or] commission.
(c)
Meetings.
The board shall adopt rules in accordance
with the provisions of any ordinance adopted pursuant to this Act.
Meetings of the board shall be held at the call of the chairman and
at such other times as the board may determine. Such 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 absent or failing
to vote, indicating 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 city secretary and shall be a public record.
(Ordinance 335-93 adopted 2/16/93; 1993 Code, ch. 12, ex. A, sec.
16.01; Ordinance 414-97 adopted 12/16/97; Ordinance 850-22 adopted 2/8/22)
(a)
Procedure.
Appeals to the board of adjustment may be
taken by any person aggrieved or by any officer, department, board
or bureau of the municipality affected by any decision of the administrative
officer. In the enforcement of the zoning ordinances, such appeal
shall be taken within a reasonable time, as provided by the rules
of the board, by filing with the board of adjustment a notice of appeal
specifying the grounds thereof and, unless waived by the city council,
by payment of the fee stipulated in article 14.20 of this chapter
for an application to the board. 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 was taken.
(b)
Stay of proceedings.
An appeal shall stay all proceedings
in furtherance of the action appealed from unless the building official
shall certify to the board of adjustment that by reasons of facts
stated in the certificate, a stay would, in his opinion, cause peril
to life or property, in which case proceedings shall not be stayed
otherwise than by a restraining order which may be granted by the
board of adjustment or by a court of equity, after notice to the officer
from whom the appeal is taken and on due cause shown.
(c)
Notice of public hearing on appeal.
The board shall
fix a reasonable time for the hearing of the appeal or other matter
referred to it, give public notice thereof, as well as due notice
to the parties in interest, and shall mail notices of such hearing
to the owners of property lying within two hundred (200) feet of any
point of the lot or portion thereof on which a variation is desired,
and to all other persons deemed by the board to be affected thereby.
Notice shall be given not less than ten (10) days prior to the public
hearing.
(d)
Decision by the board.
The board shall decide the appeal
within a reasonable time. Upon the hearing, any party may appear in
person or by agent or attorney.
(Ordinance 335-93 adopted 2/16/93; 1993 Code, ch. 12, ex. A, sec.
16.02; Ordinance 414-97 adopted 12/16/97)
(a)
The board of adjustment shall have the following powers:
(1)
To hear and decide appeals where it is alleged there is an error
in any order, requirement, decision or determination made by an administrative
official in the enforcement of this chapter.
(2)
To hear and decide special exceptions to the terms of this chapter
upon which said board is required pass under this chapter. Provisions
established by approved specific use permits or planned development
districts are not subject to review by the board of adjustments.
(3)
To authorize upon appeal in specific cases such variance from the
terms of this chapter which will not be contrary to the public interest,
when, owning to special conditions, a literal enforcement of the provisions
of this chapter will result in unnecessary hardship, and so that the
spirit of this chapter shall be observed and substantial justice done.
(b)
In exercising the above-mentioned powers such board may, in conformity
with the provisions of this Act, reverse or affirm, wholly or partly,
or may modify the order, requirement, decision or determination [from
which an appeal is taken and make such order, requirement, decision
or determination] as ought to be made, and to that end shall have
all the powers of the officer from whom the appeal is taken.
(c)
The concurring vote of four (4) members of the board shall be necessary
to reverse any order, requirement, decision or determination of any
such administrative official, or to decide in favor of the applicant
on any matter upon which it is required to pass under this chapter.
In order to effect any variation in this chapter the board must answer
in a positive manner all the following questions:
(1)
That literal enforcement of the controls will create an unnecessary
hardship or practical difficulty in the development of the affected
property.
(2)
That the situation causing the hardship or difficulty is unique to
the affected property and is not self-imposed by the applicant.
(3)
That release [relief] sought will not injure the permitted use of
adjacent conforming property.
(4)
That the granting of the variance will be in harmony with the spirit
and purposes of this chapter.
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Each question must be taken individually and each question must
be voted on individually.
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(d)
Changes.
The board shall have no authority to change
any provisions of this chapter. The board may not change the district
of any land either to a more restrictive or less restrictive zone.
(Ordinance 335-93 adopted 2/16/93; 1993 Code, ch. 12, ex. A, sec.
16.03; Ordinance 414-97 adopted 12/16/97)
