(A) 
The Board of Adjustment (Board) shall consist of nine members who are residents and taxpayers of the City of Carrollton, each to be appointed by a majority of the City Council for a term of two years and removable for cause by the City Council. Vacancies shall be filled for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment was made.
(B) 
All cases to be heard by the Board shall always be heard by a minimum number of seven members.
(Ordinance 3899, § 2, adopted 3/19/2019)
(A) 
When in its judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially injured, the Board may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards, act upon certain items, as identified herein below.
(1) 
To hear and decide appeals where it is alleged there is an error on any order, requirement, decision or determination made by the Building Official in the enforcement of this code.
(2) 
To authorize the reconstruction of a nonconforming sign for an existing business provided such reconstruction does not, in the judgment of the Board, increase the degree of nonconformity of the sign.
(3) 
To authorize such variances where the literal enforcement of the provisions of this code would result in an unnecessary hardship, and where such variances are deemed necessary to permit a sign on a specific parcel of land which differs from other parcels of land in the same district by being of such restricted area, shape or slope that a sign cannot be placed on the parcel in a manner commensurate with those signs permitted on other parcels of land in the same district. The modification of the standards established in this code shall not be granted to relieve a self-created or personal hardship, nor for financial reason alone, nor shall such modification be granted to permit any person a privilege in placing a sign on a parcel of land not permitted by this code to other parcels of land in that district.
(4) 
To authorize the use of an alternate material, design standard, or method of construction, where the Board finds the alternate is satisfactory and complies with the provisions of the sign code and finds that the material, design standard, or alternate method of construction is at least the equivalent of that prescribed in the code in quality, strength, effectiveness, durability and safety.
(5) 
To authorize a special exception for one off-site temporary directional ground sign for single-family residential subdivisions. The sign is limited to 32 square feet in area, 12 feet in height and a minimum of 25 feet from any street abutting property lot lines. A sign shall be allowed only in case of a geographical hardship and for a specified time period, but not longer than three years.
(6) 
To authorize a special exception allowing a single business to include their company logo or name on a subdivision entry sign structure when the Board determines the following:
(a) 
That the granting of such special exception will be consistent with the general purpose and intent of this section, and will serve the general welfare and preserve the community interest;
(b) 
The request is for a minimum subdivision size of 100 acres;
(c) 
A single logo or company name is limited to the permitted subdivision entry sign structures at the one main entrance to the subdivision;
(d) 
The logo or name must be subordinate to the subdivision identification sign; and
(e) 
Any conditions that will secure substantially the purpose and intent of this section.
(7) 
To authorize a special exception allowing a business wall sign increased area within the Old Downtown Commercial District as defined in section 151.05 when the Board determines the following:
(a) 
That the granting of such special exception will be consistent with the area's turn-of-the century small town Texas character in size, shape, style, color and content;
(b) 
The wall sign is placed on a single tenant building with a minimum floor area of 4,000 square feet.
(c) 
The maximum wall sign area authorized is 100 square feet.
(d) 
The maximum number of wall signs with an area increase allowed is two per building, meeting the criteria of division (A)(6)(b) above; and
(e) 
Any conditions that will secure substantially the purpose and intent of this section.
(8) 
To authorize a special exception allowing a wall sign to be on a separate building or wall on the same premises from where the business has a certificate of occupancy.
(9) 
Meritorious exceptions. In the development of these criteria, a primary objective has been ensuring against the kind of signage that has led to low visual quality. On the other hand, an equally primary objective has been guarding against signage over-control. It is not the intention of these criteria to discourage innovation. It is entirely conceivable that signage proposals could be made that, while clearly nonconforming to this chapter, and thus not allowable under these criteria, have obvious merit in not only being appropriate to the particular site or location, but also in making a positive contribution to the visual environment. Such proposals will be seriously and fairly considered by the Board of Adjustment.
(B) 
No variance may be granted if the granting of that variance will create an unnecessary hardship upon another parcel of land. The Board is not authorized to grant a variance of the zone in which a sign is permitted. In order to make a finding of hardship and to grant a variance, the Board shall find:
(1) 
The requested variance does not eliminate any requirement of this code and does not allow any prohibited signs or acts.
(2) 
The hardship is not in any way the result of the applicant's own action.
The hardship is peculiar to the property of the applicant and not due to the general conditions of the neighborhood. Economic gain or loss shall never be sufficient grounds for the finding of a hardship or the granting of a variance.
(Ordinance 3899, § 2, adopted 3/19/2019)
(A) 
The Board of Adjustment shall adopt rules to govern its proceedings provided that such rules are not inconsistent with this ordinance or state law. Meetings of the Board will be held at the call of the Chairperson or at times the Board determines it necessary. All meetings shall be held in accordance with the Open Meetings Law. The Chairperson, or in his absence, the acting Chairperson, may administer oaths and compel the attendance of witnesses.
(B) 
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 other official actions. All records shall be immediately filed in the office of the Board and shall be a public record.
(C) 
Appeals to the Board can be taken by any person aggrieved, or by any officer, department or board of the city affected by any decision of the Building Official relative to the enforcement of this chapter. Such appeal shall be taken within 15 days' time after the decision has been rendered by the Building Official, by filing with the Building Official and with the Board a notice of appeal specifying the grounds thereof, and upon payment of a fee in an amount determined by the City Council. The Building Official shall forthwith transmit to the Board all of the papers constituting the records upon which the action appealed from was taken.
(D) 
An appeal shall stay all proceedings in furtherance of the action appealed for until the Board takes action, unless the Building Official certifies to the Board, after the notice of appeal shall have been filed, that in his opinion such stay will cause imminent peril to life. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or a court of record on application or notice to the Building Official and due cause shown. Any criminal action having been commenced in the Municipal Court shall not be stayed.
(E) 
No appeal to the Board for the same or a related action on the same piece of property shall be allowed prior to the expiration of six months from the previous ruling by the Board, unless other property in the immediate vicinity has within the said six months, been changed or acted on by the Board or City Council so as to alter the facts and conditions upon which the previous Board action was based, as determined by the Board. Such change of circumstances shall permit the rehearing of an appeal prior to the expiration of a six-month period, but such conditions shall not have any force in law to compel the Board after hearing, to grant a subsequent appeal; such subsequent appeal shall be considered entirely on its merits and the peculiar and specific conditions related to the property on which the appeal is brought.
(F) 
At a public hearing relative to an appeal, any interested party may appear before the Board in person or by agent or by attorney. The burden of proof shall be on the applicant to establish the necessary facts to warrant favorable action of the Board on any matter. Any action granting a variance authorizing the issuance of a sign permit shall be valid for only 90 days unless said permit is secured in the 90-day period and construction is commenced in accordance with the Building Code, in which event the action of the Board shall be permanent. The Board shall have the authority to extend this period. If said sign permit is not secured in the 90 days, or such period granted by the Board, the action of the Board shall become void without prejudice to a subsequent appeal and such appeal shall be subject to the same regulation and requirement for hearing as herein specified for the original appeal.
(Ordinance 3899, § 2, adopted 3/19/2019)
(A) 
In exercising its powers, the Board may, in conformity with the provisions of the State of Texas as existing or hereafter amended, reverse or affirm, wholly or in part, or may modify the order, requirements, decision or determination appealed from and make such order, requirement, decision of determination in the Board's opinion as ought to be made and have all powers of the Building Official. The Board shall have the power to impose reasonable conditions in order to assure compliance and protect adjacent property.
(B) 
The concurring vote of seven members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building Official, or to decide in favor of the applicant in any matter upon which the Board is required to act under this subchapter or to cause any variance to this chapter.
(Ordinance 3899, § 2, adopted 3/19/2019)
The Board shall hold a public hearing on all applications and appeals made thereto. Such notice under this chapter shall be given not less than ten days before the date set for the hearing to all parties in interest. Such notice may be served by depositing the same, properly addressed and postage paid, in the United States Post Office. Notice shall be given by publishing the same at least one time in a newspaper of general circulation in the city of Carrollton at least ten days prior to the date of such hearing, which notice shall state the time and place of such hearing.
(Ordinance 3899, § 2, adopted 3/19/2019)