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(a) Hearing. The board of adjustment shall hear and render a decision on the appeal within three regularly scheduled hearing dates of the initial hearing. Public notice of the hearing shall be as set forth in § 3.201(d), above, interpretation procedure. In deciding an appeal regarding an interpretation of the zoning ordinance, the board of adjustment shall:
(1) Review and evaluate the request in light of the text of this zoning ordinance, the official zoning maps, the comprehensive plan and any other relevant information;
(2) Hear testimony from the zoning administrative official regarding the interpretation;
(3) Hear testimony from the appellant and any other interested or aggrieved parties;
(4) Consult with city staff, as necessary; and
(5) Render a decision either affirming or reversing an order, requirement, decision, or determination of the zoning administrative official involving the interpretation of the zoning ordinance.
(b) Vote required. A concurring vote of 75% of all the members of the board of adjustment is required to reverse a decision or determination of the zoning administrative official.
(c) Similar appeals. After a final decision is reached by the board of adjustment, no further request on the same or related issues may be considered by the board for the subject property for two years from the date of the final decision.
(d) Appeal from decision of board. Any requestor or person aggrieved by the decision of the board of adjustment or any officer, department, board or bureau of the city affected by the decision of the board of adjustment may appeal by filing a petition for same in a court of competent jurisdiction, setting forth that such decision is illegal in whole or in part, and specifying the grounds for the alleged illegality. Such petition shall be filed with the court within ten days from the day the board renders its decisions.
(Ord. 13896, passed 10-12-1999; Ord. 21816-08-2015, § 1, passed 8-4-2015, eff. 8-12-2015)
Every proposal for special exception review shall be filed with the board of adjustment, in accordance with the board of adjustment’s established rules of procedure. An application may be filed by the owner of property or an authorized agent, or by the planning and development department upon recommendation of the zoning commission, plan commission, board of adjustment or city council.
(Ord. 13896, passed 10-12-1999; Ord. 17522, § 5, passed 4-24-2007)
Every application shall be accompanied by the appropriate filing fee as provided in the schedule of fees and charges contained in Chapter 2 of the city code. No fee shall be charged for special exception review applications filed upon recommendation of the zoning commission, plan commission, board of adjustment or city council.
(Ord. 13896, passed 10-12-1999)
(a) Written notice. Written notice of all public hearings before the board of adjustment on proposed special exceptions shall be sent to owners of real property lying within 300 feet of the subject property. Such notice shall be given not less than ten days before the date set for hearing to all such owners who have rendered their property for city taxes, as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the United States mail. When property lying within 300 feet of the subject property is located in territory which was annexed to the city after the final date for making the renditions which are included on the last approved city tax roll, at least 15 days’ notice of the time and place of the public hearing shall be published in an official newspaper or a paper of general circulation in the city.
(b) Posted notice.
(1) The city manager or a designee shall direct the erection of at least one sign upon the premises upon which a special exception use has been requested. Where possible such sign or signs shall be located in a conspicuous place or places upon such property at a point or points nearest any right-of-way, street, roadway or public thoroughfare adjacent to such property.
(2) Such sign(s) shall be so erected not less than ten days before the date set for the public hearing before the board of adjustment. Any such sign(s) shall be removed subsequent to final action by the board of adjustment on the special exception application.
(3) Such sign(s) shall substantially indicate that a special exception use has been requested and shall further set forth that additional information can be acquired by telephoning the number indicated thereon.
(4) The erection and/or the continued maintenance of any such sign shall not be deemed a condition precedent to the holding of any public hearing or to any official action concerning such special exception use.
(Ord. 13896, passed 10-12-1999)
(a) In taking action on an application for special exception, the board of adjustment shall grant the application only when the board determines that:
(1) The use is specifically permitted under this ordinance;
(2) The location of proposed activities and improvements is clearly defined on the site plan by the applicant; and
(3) The exception will be wholly compatible with the existing use and permitted development of adjacent properties either as filed, or subject to such requirements as the board finds necessary to protect and maintain the stability of adjacent properties.
(b) The burden of proof regarding all conditions is on the applicant. Any site or floor plan will become part of the approval of the special exception.
Board of Adjustment Procedure
(Ord. 13896, passed 10-12-1999)
Any person aggrieved by any decision of the board of adjustment may present to a court of record a petition duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of such illegality. The petition shall be presented to the court within ten days after the filing of the decision in the planning and development department in accordance with the procedures in Tex. Local Government Code § 211.011, as amended.
(Ord. 13896, passed 10-12-1999; Ord. 17522, § 5, passed 4-24-2007)
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