(A) 
Establishment.
The Board of Adjustment (Board) is established by the City Charter.
(B) 
City Council approval of all board rules and regulations.
All rules and regulations adopted by the Board shall be reviewed and approved by the City Council.
(1) 
The rules and regulations shall be consistent with and not in conflict with this ordinance, the City Charter, or other rules and regulations prescribed by the City Council.
(C) 
Board operating procedures.
The Board shall function according to the laws of the State of Texas, the Charter of the City of Frisco, Texas, and the provisions of this Ordinance.
(Ordinance 2021-07-47 adopted 7/6/21)
(A) 
Five-member Board.
The Board shall consist of five (5) members, to be appointed by the City Council for a term of two (2) years; provided, however, that of the first five (5) appointments made under this Ordinance, three (3) shall be appointed to serve a two (2) year term and two (2) shall be appointed to serve a one (1) year term; and, thereafter, three (3) shall be appointed during even-numbered years and two (2) shall be appointed during odd-numbered years, for said two (2) year term.
(B) 
Term limits.
No Board Member shall serve for more than three (3) consecutive terms or six (6) consecutive years (whichever is less).
(C) 
Vacancies.
When vacancies occur on the Board, the City Council shall appoint, by majority vote, a replacement to serve the remainder of that term.
(Ordinance 2021-07-47 adopted 7/6/21)
(A) 
Quorum.
Each case before the Board must be heard by at least four (4) members.
(B) 
Alternate Board members.
The Board shall have three (3) alternate Board Members appointed by the City Council to serve in the absence of one (1) or more regular Board Members when requested to do so by the Mayor or City Manager.
(1) 
Each alternate Board Member serves for the same period as a regular Board Member and is subject to removal in the same manner as a regular Board Member.
(2) 
A vacancy among the alternate Board Members is filled in the same manner as a vacancy among the regular Board Members.
(3) 
An alternate Board Member serves upon the same terms and conditions as a regular Board Member.
(Ordinance 2021-07-47 adopted 7/6/21)
(A) 
Board officers and elections.
(1) 
The Board shall have a Chair, Vice-Chair and Secretary whose terms shall be one (1) year.
(2) 
The Chair, Vice-Chair and Secretary shall be elected by the members of the Board.
(3) 
The nomination and election of officers shall occur at the first Board meeting following the City Council's annual appointments.
(B) 
Role of the Chairperson.
(1) 
The Chairperson shall preside over meetings and shall be entitled to vote upon each issue.
(C) 
Role of the Vice-Chair.
(1) 
The Vice-Chair shall assist the Chair in directing the affairs of the Board.
(2) 
In the absence of the Chair, the Vice-Chair shall assume all duties of the Chair.
(D) 
Role of the Secretary.
(1) 
The Secretary shall keep the Minutes of all meetings, and in the Secretary's absence, the Chair shall designate another member to act as Secretary.
(2) 
The Secretary may accept the assistance of City personnel in taking and transcribing minutes.
(Ordinance 2021-07-47 adopted 7/6/21)
(A) 
Development and revision of by-laws.
The Board shall have the power to develop and revise by-laws for its own governance, which shall be subject to review and approval by the City Council. The by-laws shall include provisions for:
(1) 
Establishment of meeting dates; and
(2) 
Establishment of an appointment to certain committees made up of Board Members and other lay persons to assist the Board in the conduct of its responsibilities.
(Ordinance 2021-07-47 adopted 7/6/21)
(A) 
Appeal of an administrative decision, see Subsection 6.19 Appeals and the Appeal Process.
(B) 
Nonconforming use reconstruction, extension or enlargement.
The Board may permit the reconstruction, extension or enlargement of a structure occupied by nonconforming uses, on the lot or tract occupied by such building, provided such reconstruction does not prevent the return of such property to a conforming use.
(C) 
Amortization of a nonconforming use.
The Board may, in specific cases, amortize a nonconforming use in accordance with those procedures set forth in Subsection 6.11 Amortization of Nonconforming Uses.
(D) 
Variance.
The Board of Adjustment is authorized in specific cases to grant a variance from the Zoning Ordinance terms, standards and criteria as outlined within Subsection 6.09 Variance Procedures.
(E) 
Special exception of building official error.
The Board is authorized, in specific cases, to grant a special exception from the Zoning Ordinance terms, standards and criteria as outlined within Subsection 6.10 Special Exception for Building Official Error.
(F) 
Reinstatement of nonconforming rights.
The Board is authorized in specific cases to reinstate nonconforming rights pursuant to Subsection 6.12 Reinstatement of Nonconforming Rights.
(Ordinance 2021-07-47 adopted 7/6/21)
To hear and take action on an application or appeal listed under 5.04.06. Duties and Responsibilities, the Board shall hold a public hearing and shall provide the notice required by this Ordinance for a zoning district change (see Subsection 6.06 Amendments to the Zoning Ordinance/Districts and Administrative Procedures). At the public hearing, the Board of Adjustment shall consider public comments, the Director's recommendation, and other applicable information.
(Ordinance 2021-07-47 adopted 7/6/21)
The concurring vote of four (4) members of the Board is necessary for the following.
(A) 
Appeal of an administrative decision.
Reverse or affirm an order, requirement, decision, or determination of an administrative official.
(B) 
Special exception or nonconforming use decision.
Decide in favor of an applicant on a matter on which the Board is required to pass under a zoning ordinance (See 5.04.06(B) and (C)).
(C) 
Variance decision.
Authorize a variation from the terms of a zoning ordinance.
(Ordinance 2021-07-47 adopted 7/6/21)
The Board's decision is final unless appealed to district court within ten (10) days after the Board's decision is filed in the Office of the Board. Such appeal must be made in accordance with Chapter 211 of the Texas Local Government Code. The Board's decision is filed in the Office of the Board when the Board votes and makes its decision in open session.
(Ordinance 2021-07-47 adopted 7/6/21)
The Board shall have no power to obligate the City in any manner whatsoever. The Board's finances shall be handled in the same manner as any division of the City Government.
(Ordinance 2021-07-47 adopted 7/6/21)
No member of the Board shall hold a meeting or communicate with an applicant or member of the public regarding a pending application or appeal outside of a public hearing.
(Ordinance 2021-07-47 adopted 7/6/21)
In addition to other applications expressly delegated by City Ordinance or Charter, the following is a summary of the powers of the Board of Adjustment.
Board of Adjustment has the Authority to Decide
Section Number
Application
§ 6.19.07.
Appeal of an Administrative Decision
§ 5.04.06(B)
Nonconforming Use Reconstruction, Extension or Enlargement
§ 5.04.06(C)
Amortization of a Nonconforming Use
§ 5.04.06(D)
Variance
§ 6.10.
Special Exception for Building Official Error
(Ordinance 2021-07-47 adopted 7/6/21)