There is hereby created a board of adjustment consisting of five members and two alternates, each to be appointed by a majority of the city council for a term of two years and removable for cause by the appointing authority on a written charge after a public hearing. It is the declared policy of the city council that it will consider and appoint only those persons who have demonstrated their civic interest, general knowledge of the community, independent judgment, and availability to prepare for and attend meetings.
(Ordinance 1874, art. 2, § 210(A), adopted 3/22/1993)
The members shall serve for a period of two years and until their successors are duly appointed. Qualified board members may be appointed to succeed themselves.
(Ordinance 1874, art. 2, § 210(B), adopted 3/22/1993)
Vacancies shall be filled for unexpired terms; no member shall be appointed for a term in excess of two years. A vacancy in a term of office shall occur whenever the city council finds that member has resigned, has not maintained the qualifications required for appointment or has been removed by city council for cause.
(Ordinance 1874, art. 2, § 210(C), adopted 3/22/1993)
The board shall elect a chairman from among its members to preside at meetings. Such chairman, or in his absence an acting chairman elected from among the members, may administer oaths and compel the attendance of witnesses. The board shall designate the time and place of its meetings. The board shall adopt rules to govern its proceedings; provided, however, that such rules are not inconsistent with this chapter or inconsistent with the statutes of the state. All meetings of the board shall be open to the public.
(Ordinance 1874, art. 2, § 210(D), adopted 3/22/1993)
Four members of the board shall constitute a quorum for the conduct of business. The members of the board shall regularly attend meetings and public hearings of the board and shall serve without compensation. Minutes shall be kept showing the vote of each member on each question or the absence or failure of each member to vote. Such proceedings shall be a public record and shall be retained for at least five years.
(Ordinance 1874, art. 2, § 210(E), adopted 3/22/1993)
The board of adjustment shall have the powers and exercise the duties of a board in accordance with V.T.C.A., Local Government Code § 211.009. Board members are representatives of the city and shall have the right to inspect premises where required in the discharge of their responsibilities under the laws of the state and the ordinances of the city. The board's jurisdiction shall extend to and include the hearing and deciding of the following topics of appeals and applications and to that end shall have the necessary authority to ensure continuing compliance with its decision. The board of adjustment, in specific cases, may authorize or order the following:
(1) 
Interpretation.
To hear and decide appeals where it is alleged there is error on any order, requirement, decision or interpretation of the zoning regulations by the building official in the enforcement of this chapter or a zoning district boundary. In reaching its decision, the board shall establish firm guidelines for future administrative actions on like matters.
(2) 
Permits for nonconformities.
To authorize a building permit for the reconstruction, extension, or enlargement of a building occupied by nonconforming uses, on the lot or tract occupied by such building, provided that such reconstruction does not prevent the potential return of such property to a conforming use.
(3) 
Discontinuance of nonconformities.
To require discontinuance of nonconforming uses of land or structures under any plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity of all property to conform to the regulations of this chapter. All actions to discontinue a nonconforming use of land or structure shall be taken with due regard to the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of the property. The board shall, from time to time on its own motion or upon cause presented by interested property owners, inquire into the existence, continuation or maintenance of any nonconforming use within the city.
(4) 
Variances.
To authorize upon appeal, in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest and where, because of special conditions, the enforcement of the chapter would result in an unnecessary hardship. However, the board shall not have the power to grant variances from the terms of this chapter to grant a variance for a change in use not allowed in a district. In exercising it powers to grant a variance, the board of adjustment shall make findings and show in its minutes that:
a. 
Literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property.
b. 
The situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district.
c. 
The relief sought will not injure the permitted use of adjacent conforming property.
d. 
The granting of the variance will be in harmony with the spirit and purposes of these regulations.
(Ordinance 1874, art. 2, § 210(F), adopted 3/22/1993)
A request for interpretation of regulations or an appeal for variance from certain development controls (section 118-713) may be taken by any person aggrieved or by any officer, department, or board of the city affected by a decision of the city enforcement officer. Such appeal shall be taken within 15 days' time after the decision has been rendered, by filing with the enforcement officer a notice of appeal specifying the grounds thereof.
The enforcement officer shall transmit to the board all papers constituting the record upon which the action being appealed was taken.
(Ordinance 1874, art. 2, § 210(G), adopted 3/22/1993)
Before any request for a variance from this chapter will be heard by the zoning board of adjustment, application for such variance shall be made and duly filed by the property owner or authorized agent upon the forms prescribed by the city. Such application shall include, but is not limited to, the following:
(1) 
The name, address, and phone numbers of the property;
(2) 
The name, address, and phone numbers of the owner's agent, if applicable;
(3) 
The legal description of the property;
(4) 
A brief description of the variance sought;
(5) 
The required number of copies of a current boundary survey, plat, or plot plan of the property.
The applicant must provide proof of ownership of the property, or a letter from the owner of the property granting the applicant permission to request the variance.
(Ordinance 1874, art. 2, § 210(H), adopted 3/22/1993)
Every application for a variance shall be accompanied by a filing fee in an amount sufficient to defray the actual cost of processing the application. Such application fee shall be based upon average current cost to the city and shall be established and amended by ordinance of the city council.
(Ordinance 1874, art. 2, § 210(I), adopted 3/22/1993)
An appeal shall stay all proceedings of the action appealed from unless the city enforcement officer, after the notice of appeal has been filed, certifies in writing to the board that a stay would, in the opinion of the city enforcement officer, cause imminent peril to life or property. In such case, proceedings shall only be stayed by a restraining order granted by the board or by a court of record.
(Ordinance 1874, art. 2, § 210(J), adopted 3/22/1993)
An appeal or application shall be in such form and contain such information as the board may require under its rules of procedure. It shall be accompanied by the required fee. An incomplete appeal or application shall be deemed only to give notice of intent to appeal or apply to the board and shall not be reviewed or scheduled for hearings until brought to completion.
(Ordinance 1874, art. 2, § 210(K), adopted 3/22/1993)
Official written notice of public hearing on every application for a variance or for an interpretation of regulations applying solely to an individual property shall be sent to all owners of real property lying within 200 feet of any property on which the variance is requested. The notice of hearing shall be given to each taxpayer as the ownership appears on the last approved city tax roll by depositing such notice, properly addressed and postage paid, in the United States Post Office, not less than ten days before the date set for a hearing before the zoning board of adjustment. Notice of hearing shall also be given by publication in the official newspaper of the city at least ten days before the date before the date set for a hearing before the zoning board of adjustment. Such notice shall state the time and place of such hearing, and the nature of the subject to be considered.
(Ordinance 1874, art. 2, § 210(L), adopted 3/22/1993)
(a) 
Upon the hearing, the applicant shall appear in person or by attorney or authorized agent. Evidence supporting the granting or denial of an appeal shall be submitted only through the city enforcement officer or to the board in public meeting.
(b) 
Any appeal or application may be withdrawn upon written notice to the city enforcement officer.
(c) 
The board shall make its decision on any application within 45 days from the time the initial hearing is held or the application will be deemed to have been denied.
(Ordinance 1874, art. 2, § 210(M), adopted 3/22/1993)
(a) 
Every decision of the board shall be based upon findings of fact and every finding of fact shall be supported in the record of proceedings. The board may act only in matters as specifically authorized by theses regulations and these regulations shall be construed as limitations on the power of the board to act.
(b) 
Nothing herein contained shall be construed to empower the board to change the terms of these regulations, or to effect changes in the zoning districts. The powers of the board shall be so applied that the terms of these regulations will be strictly enforced.
(c) 
The affirmative vote of four members shall be necessary to reverse, on appeal, any order, requirement, decision or determination of the city enforcement officer; to approve any variance that the board is empowered to grant; or to authorize the continuance or discontinuance of a nonconforming use, structure, or lot.
(d) 
A member shall disqualify himself from voting whenever he has a personal or monetary interest in the property under appeal, or will be directly affected by the decision of the board.
(e) 
A member may disqualify himself from voting whenever any applicant, or his agent, has sought to influence the member's vote on the appeal other than in the public hearing.
(Ordinance 1874, art. 2, § 210(N), adopted 3/22/1993)
(a) 
In approving any request, the board may designate such conditions including time limits, if appropriate, in connection therewith in order to secure substantially the objectives of the regulation or provision to which such variance is granted and to provide adequately for the maintenance of the integrity and character of the zone in which such permit is granted.
(b) 
When necessary the board may require guarantees, in such form as it deems proper, to insure that conditions designated in connection therewith are being or will be complied with.
(c) 
Upon approval of an application for a variance appeal, the applicant shall apply for occupancy or construction permits within 60 days after the board's decision unless a greater time is requested in the application and is authorized by the board. Any approval may be granted one emergency extension of 60 days on written request filed with the board before expiration of the original approval. Failure of the applicant to apply for occupancy of construction permits within the authorized time period shall void the right to secure such permits except upon the filing of a new application or appeal.
(Ordinance 1874, art. 2, § 210(O), adopted 3/22/1993)
No appeal or application that has been denied shall be further considered by the board, unless the board affirmatively finds:
(1) 
That new plans materially change the nature of the request; or
(2) 
The permitted development of other nearby property in the same zone has been substantially altered or changed by a ruling of the board so as to support an allegation of changed conditions.
(Ordinance 1874, art. 2, § 210(P), adopted 3/22/1993)
Any persons, jointly or separately, or any taxpayer, or any officer, department, or board of the city, aggrieved by any decision of the zoning board of adjustment may present to a Tarrant County Court at Law or District Court, a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of such illegality. Such petition shall be presented to the court within ten days after the filing of the decision complained of in the offices of the Board and not thereafter.
(Ordinance 1874, art. 2, § 210(Q), adopted 3/22/1993; Ordinance 3216, § 1, adopted 10/8/2012)