§ 3.403 BOARD OF ADJUSTMENT ACTION.

   In taking action on an application for a variance, the board of adjustment shall grant the application only when the board determines that:

   (a)   Literal enforcement of the regulations in this zoning ordinance will create an unnecessary hardship or practical difficulty in the development of the affected property;

   (b)   The situation causing the hardship or difficulty is unique to the affected property;

   (c)   The situation or hardship is not self- imposed;

   (d)   The relief sought will not injure the existing or permitted use of adjacent conforming property; and

   (e)   The granting of a variance will be in harmony with the spirit and purposes of this zoning ordinance.

   Board of Adjustment (Granting of Variance)

(Ord. 13896, passed 10-12-1999)

§ 3.404 EXPIRATION OF VARIANCE.

   (a)   A variance shall expire and have no further effect 180 days after the board of adjustment approval, or at such alternative time as specified in the approval, unless:

      (1)   A building permit has been issued;

      (2)   A certificate of occupancy has been issued; or

      (3)   The development services director grants a one-time extension for a maximum of 180 days upon written request of the applicant prior to the original expiration date.

   (b)   Any variance granted by the board of adjustment shall terminate automatically when the period of use specified in the board of adjustment’s order has expired, or when the use ceases to be in full compliance with any condition imposed by the board of adjustment.

(Ord. 13896, passed 10-12-1999; Ord. 17522, § 5, passed 4-24-2007; Ord. 24030-02-2020, § 22, passed 2-4-2020)

§ 3.405 APPEAL.

   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 office of the board of adjustment in accordance with the procedures in Tex. Local Government Code § 211.011, as amended.

(Ord. 13896, passed 10-12-1999)

§ 3.406 LIMITATION ON REAPPLICATION.

   (a)   When a proposal is denied by the board of adjustment or when the applicant has withdrawn a proposal after the giving of public notice, no new applications of like nature shall be accepted by the city or scheduled for a hearing by the board of adjustment within a period of 24 months of the date of denial or withdrawal unless the proposal is denied without prejudice; provided, however, on receipt of written request by the original applicant describing substantially changed conditions in the community since prior consideration of the proposal so as to justify an earlier review of this matter, the mandatory delay period may be waived and a new application accepted. When a decision of the board of adjustment is appealed to a district or county court, no new applications of like nature will be accepted by the city or scheduled for a hearing until the court renders its final decision.

   (b)   When the district or county court affirms the decision of the board of adjustment to deny a variance proposal, no new applications of like nature shall be accepted by the city or scheduled for a hearing unless there is substantial change in conditions in the community since the decision of the board of adjustment so as to justify accepting a new application.

(Ord. 13896, passed 10-12-1999; Ord. 17243, § 1, passed 10-17-2006)

ARTICLE 5: TEXT OR MAP AMENDMENT (REZONING)

§ 3.500 APPLICATION REQUIRED.

   Every proposal to amend, supplement or change the regulations or restrictions of this ordinance, or the boundaries of the zoning districts, shall be filed with the zoning commission, in accordance with the zoning commission’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)

§ 3.501 FEE REQUIRED.

   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 proposals filed upon recommendation of the zoning commission, plan commission, board of adjustment or city council.

(Ord. 13896, passed 10-12-1999)