(a)
There is hereby created a board of adjustments consisting of
five (5) regular members and two (2) alternate members who shall be
appointed by the city council. The members shall serve for a period
of two (2) years and until their successors are duly appointed and
qualified. Members may be removed for cause by the city council upon
written charges and after public hearing. A vacancy for the unexpired
term of any member will be filled in the same manner as the original
appointment was made.
(Ordinance 2016-01-00826, sec. 3,
adopted 1/7/16; Ordinance 2024-03-00998 adopted 3/21/2024)
The board of adjustments will have the authority to adopt rules
consistent with state law. Meetings of the board of adjustments shall
be held at the call of the chairman and at such other times as the
board of adjustments may determine. The chairman or, in his absence,
the acting chairman, may administer oaths and compel the attendance
of witnesses. All meetings of the board of adjustments shall be open
to the public. The city shall keep minutes of its proceedings, showing
the vote of each member upon each question or, if absent or failing
to vote, indicate 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 board of adjustments and shall be a public record.
(Ordinance 2016-01-00826, sec. 3,
adopted 1/7/16; Ordinance 2024-03-00998 adopted 3/21/2024)
Cases must be heard by a minimum of seventy-five percent (75%)
of the members of a board panel. The concurring vote of seventy-five
percent (75%) of the members of a panel is necessary to:
(1)
Reverse an order, requirement, decision, or determination of
an administrative official involving the interpretation or enforcement
of the zoning ordinance;
(2)
Decide in favor of an applicant on a matter on which the board
is required to pass under state law, the city charter, or city ordinance;
or
(3)
Authorize a variation from the terms of the zoning ordinance.
For purposes of this section, administrative official means that person
within a city department having the final decision-making authority
within the department relative to the zoning enforcement issue.
(Ordinance 2016-01-00826, sec. 3,
adopted 1/7/16; Ordinance 2024-03-00998 adopted 3/21/2024)
(a)
The board of adjustments shall have the authority, subject to
the standards established in chapter 211 of the Texas Local Government
Code, as amended, and those established herein, to exercise the following
powers and perform the following duties:
(1)
To 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 chapter or an ordinance adopted
under this chapter;
(2)
To interpret the intent of the zoning district map when uncertainty
exists because the actual physical features differ from those indicated
on the zoning district map and when the rules set forth in the zoning
district boundary regulations do not apply;
(3)
To hear and decide special exceptions that are expressly provided
for in this chapter;
(4)
To grant variances from the front yard, side yard, rear yard,
lot width, lot depth, lot coverage, floor area for structures accessory
to single-family uses, height, minimum sidewalks, off-street parking
or off-street loading, or landscape regulations provided that:
(A)
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;
(B)
The variance is necessary to permit development
of a specific parcel of land that differs from other parcels of land
by being of such a restrictive area, shape, or slope that it cannot
be developed in a manner commensurate with the development upon other
parcels of land with the same zoning; and
(C)
The variance is not granted to relieve a self-created
or personal hardship, nor for financial reasons only, nor to permit
any person a privilege in developing a parcel of land not permitted
by this section to other parcels of land with the same zoning.
(5)
Hear and decide special exceptions to the requirements when
necessary or appropriate to:
(A)
Permit the erection and use of a building or the
use of premises for railroads if such uses are in general conformance
with any master plan and present no conflict or nuisance to adjacent
properties.
(B)
Permit a public utility or public service structure
or building in any district with a ground area or 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.
(C)
Grant a permit for the extension of a height or
area regulation into an adjoining district which divides a lot into
a single ownership on the effective date of this chapter.
(D)
Permit the reconstruction of a nonconforming building
which has been damaged by explosion, fire, act of God, or the public
enemy, to the extent of more than fifty percent (50%) of its fair
market value, where the board finds some compelling necessity requiring
a continuance of the nonconforming use and the primary purpose of
continuing the nonconforming use is not to continue a monopoly.
(E)
Waive or reduce the parking and loading requirements
in any of the districts whenever the character or use of the building
is such as to make unnecessary the full provision of parking or loading
facilities, or where such regulations would impose an unreasonable
hardship upon the use of the lot, as contrasted with merely granting
an advantage or a convenience.
(F)
Determine, in cases of uncertainty, the classification
of any use not specifically named in this chapter.
(b)
In exercising its authority, the board may reverse or affirm,
in whole or in part, or modify the administrative official's
order, requirement, decision, or determination from which an appeal
is taken and make the correct order, requirement, decision, or determination,
and for that purpose has the same authority as the administrative
official.
(Ordinance 2016-01-00826, sec. 3,
adopted 1/7/16; Ordinance 2024-03-00998 adopted 3/21/2024)
(a)
Procedure.
A decision made by an administrative
official of the city may be appealed to the board of adjustment by
a person aggrieved by the decision or by any officer, department,
board or bureau of the city affected by the decision. Such appeal
shall be made by filing a notice of appeal with the office of the
board and with official from whom the appeal is taken specifying the
grounds thereof. The office, official or department from which the
appeal is taken shall forthwith transmit to the board of adjustment
all of the papers constituting the records upon which the action appealed
from was taken. The appeal must be filed within twenty (20) days after
the date of the decision of the administrative official from which
the appeal is taken.
(b)
Stay of proceedings.
An appeal shall stay all
proceedings in furtherance of the action appealed from unless the
official from whom the appeal is taken certifies in writing to the
board facts supporting the official's opinion that a stay would
cause imminent peril to life or property. In such case, the proceedings
may be stayed only by a restraining order granted by the board or
by a court of record on application, after notice to the official,
if due cause is shown.
(c)
Notice of hearing on appeal.
The board shall set
a reasonable time for the hearing on the appeal or other matter referred
to it, and shall mail notices of such hearing to the petitioner and
to the owners of property lying within five hundred feet (500')
or less of street frontage of any point of the lot or portion thereof
on which a variation is desired. The city shall give public notice
of the hearing and due notice to the parties in interest. A party
may appear at the appeal hearing in person or by agent or attorney.
The board shall hear and decide the appeal within a reasonable time.
Notice of such hearings may be sent by the board in writing, properly
addressed to the last known addresses of the proper parties, and such
notices shall be deemed complete when deposited in the mail.
(Ordinance 2016-01-00826, sec. 3,
adopted 1/7/16; Ordinance 2024-03-00998 adopted 3/21/2024)
(a)
Every decision of the board shall be final, subject, however,
to such remedy as any aggrieved party might have at law or in equity.
The decision shall be in writing and shall indicate the vote upon
the decision. Every decision shall be promptly filed in the office
of the city secretary and shall be open to the public for inspection.
A true and correct copy of the decision shall be sent by mail or otherwise
to the appellant and a copy shall be publicly posted in the office
of the city secretary for two (2) weeks after the filing thereof.
(b)
The board shall in every case reach a decision without unreasonable
or unnecessary delay.
(c)
If a decision of the board reverses or modifies a refusal, order,
or disallowance of the building official, or varies the application
of any provision of this code, the building official shall immediately
take action in accordance with such decision.
(d)
Any person, firm, or corporation aggrieved by any decision of
the board may present to a court of competent jurisdiction a petition
duly verified setting forth that such decision is illegal, in whole
or in part, specifying the grounds of the illegality. Unless such
verified petition (appeal) shall be presented to the court within
ten (10) days of the date that the decision of the board is filed
with the city secretary, the decision of the board shall become final.
(Ordinance 2016-01-00826, sec. 3,
adopted 1/7/16; Ordinance 2024-03-00998 adopted 3/21/2024)
