(A) A variance is a grant of relief from a specific requirement of this chapter, where strict enforcement would result in unnecessary hardship. The Board of Adjustment may grant a variance upon making findings that the evidence submitted by the applicant demonstrates that all of the following conditions exist:
(1) The variance arises from the condition that is unique to the property in question, where the condition was not created by an action of the property owner, occupant or applicant;
(2) The particular physical surroundings, shape or topographical condition within or adjacent to the property would result in a practical difficulty or unnecessary hardship or inequity upon or for the owner or occupant, as distinguished from a mere inconvenience, if the provision in question were literally enforced;
(3) The request for a variance is not based exclusively upon a desire of the owner or occupant for increased financial gain from the use of the property, or to reduce a personal financial hardship;
(4) The variance will not alter the essential character of the zoning district within which the property is located, and is in harmony with the intent and purposes of this chapter;
(5) The granting of the variance will not adversely affect the public health or safety, and will not substantially or permanently interfere with the appropriate use of adjacent conforming property in the same zoning district; and
(6) The degree of variance requested is the minimum amount necessary to allow a reasonable use of the property.
(B) Variances may be granted only in the following instances:
(1) To vary the applicable lot area, lot width or frontage, and lot depth requirements, provided that the reduction shall not exceed 30% of the standard minimum for the zoning district within which the tract is located;
(2) To vary the minimum building setback requirements, lot coverage or maximum permitted building height;
(3) To vary the regulations pertaining to required off-street parking or loading;
(4) To vary the requirements pertaining to the restoration of damaged or destroyed nonconforming buildings;
(5) To vary the standards for manufactured homes;
(6) To vary the standards for sexually-oriented businesses; and
(7) To vary the standards for wireless telecommunication facilities.
(C) Procedures:
(1) Application.
(a) The application for a variance must be made by the property owner or his or her authorized agent.
(c) The application will include the variance requested and the reason as to why adhering to this chapter will constitute an exceptional difficulty or hardship upon the owner of the property.
(2) Processing.
(a) After consultation with the Zoning Administrator, the application, accompanying information and the nonrefundable filing fee shall be submitted.
(b) The Zoning Administrator shall review the application for completeness and for compliance with this chapter. Should additional information or modification to the application be necessary to provide compliance, the Zoning Administrator will advise the applicant.
(c) Upon completion of review of the application and finding the application to be complete, the following actions shall be taken:
1. The Zoning Administrator shall prepare a list, using the current tax appraisal map and the current city tax roll, of all owners of any portion of a tract within the city that is within 200 feet of any portion of the property for which the variance is requested;
2. The Zoning Administrator shall determine the date of the next meeting of the Board, not less than three full weeks and not more than seven full weeks from the date of the application, place the request on the agenda of the Board and schedule a public hearing;
3. The City Clerk shall send a letter to each of the property owners within 200 feet, and to the applicant, stating the purpose of the request; street address of the property for which a variance is requested; date, time and place of the public hearing before the Board; and that comment about the request must be made in writing or verbally before the Board. The notification letters shall be deposited, postage prepaid, in the United States mail at least 11 days before the hearing date;
4. The City Clerk will publish notice in a local newspaper of a public hearing by the Board on the request. This notice must appear at least 11 days prior to the meeting date. The notice shall contain date, time and place of the public hearing; street address of the property for which the variance is requested; purpose of the request; and a statement that any comment about the request must be made in writing or verbally before the Board; and
5. The agenda of the Board which includes the public hearings shall be posted in a public location at City Hall in accordance with the State Open Meetings Act (Tex. Gov’t Code, Ch. 551).
(d) The Zoning Administrator shall prepare a statement for presentation at the public hearing before the Board. The statement shall contain as a minimum:
1. Any pertinent information bearing upon the application that may not be evident from the application;
2. Whether the request complies with divisions (C)(2)(a) and (b) above, and impact of approval of the request upon utility service, streets and parking in the local area; and
3. Any recommendations for modifications or any stipulations should the request be approved.
(e) The Board, upon completion of the public hearing and after deliberation, shall make a determination for approval, approval with modifications, any stipulations upon approval, or for denial.
(f) The Board may condition approval of a variance upon compliance with reasonable stipulations including but not limited to provisions for increased open space, vehicular access, off-street parking and loading, landscaping, screening, signage, curbing, sidewalks, hours of operation and/or a temporary time ending on a date after which the variance expires and is no longer valid. Failure to meet the stipulations shall constitute a violation of this chapter.
(g) Any person aggrieved by the action of the Board may appeal that action as provided in § 155.039.
(h) Should the request be denied or should the applicant reject any modifications or stipulations attached to the approval of the request, another request for the same or a similar variance for the same property or a portion of the same property may not be submitted for a full six months. Further, if a granted variance is not accepted and used within 12 full months of approval, the variance becomes automatically void.
(i) No application for a variance may be submitted when some other zoning action concerning the subject tract is pending. However, a request for a zoning variance may be submitted concurrently with a subdivision plat.
(Ord. 08-347, passed - -2008; Ord. 2013-08-20-01, passed 8-20-2013)