(A) The Zoning Board of Adjustments shall have the following powers, and it shall be its duty:
(1) To hear and decide appeals where it is alleged there is error in any order, requirement, decisions or determination made by an administrative official in the enforcement of this chapter;
(2) The ZBA shall have the power to authorize upon appeal in specific cases such variances from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done. Such variances from the strict application of the terms of this chapter must be in harmony with its purpose and intent, and shall be authorized only when the ZBA is satisfied that the applicant has proven the following conditions exist:
(a) A literal enforcement of the provisions of this chapter will result in unnecessary hardship. Financial hardship is not sufficient to show unnecessary hardship;
(b) The property in question is not suitable and useable for uses permitted in the district in which it lies, even though there will be a loss of profit or other economic disadvantage on account of the use;
(c) The unnecessary hardship was not self-inflicted;
(d) The hardship is unique to the land or parcel involved, and is not shared in general by others in the neighborhood, also as a result of the zoning ordinance and thus perhaps requiring rezoning;
(e) The variance will not alter the essential character of the locality and the surrounding property will be protected; and
(f) The variance requested is not in actuality a reclassification of land uses or the creation of new districts. Such action amounts to land use legislation (rezoning) and may only be done by the legislative body of the city.
(3) In hearing and deciding appeals, to grant special exceptions in the following instances:
(a) Interpret the provision of this chapter in such a way as to carry out the intent and purpose of the chapter, as shown on the maps fixing the several zoning districts (zoning map), accompanying and made a part of this chapter, where the street layout actually on the ground may vary from the street layout as shown on said maps;
(b) Waive or reduce the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provisions of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or convenience;
(c) Permit the reconstruction of a non-conforming building which has been damaged to the extent of more than 50% of its replacement cost; and
(d) If no structural alterations are made, any non-conforming use of structure, or structure and premises in combination, may, as a special exception, be changed to another non-conforming use; provided, the ZBA shall find that the proposed non-conforming isn’t more intensive than the previously existing non-conforming use.
(B) In permitting such exceptions, the ZBA may require any conditions and safeguards as it shall deem appropriate to see that the purpose and intent of this chapter are met, and the documented violation of any such conditions or safeguards shall constitute a violation of this chapter.
(C) In exercising the above mentioned powers, the Board may, in conformity with the provisions of the prevailing regulations of Tex. Local Government Code § 211.009 and this chapter, reverse or affirm, wholly or partly, or may reverse, affirm or modify in whole or in part the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made.
(D) The minimum concurring vote of four members of the Board shall be necessary to reverse or affirm any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant on any manner upon which it is required to pass under this chapter, or to effect any variation in this chapter.
(Ord. 2016-07, passed 8-9-2016)