(A) Types of variances. For the purpose of this section, the following types of zoning variances shall apply unless the context clearly indicates or requires a different meaning.
(1) Zoning variance. In accordance with Tex. Loc. Gov’t Code § 211.009, zoning variances can be used to reduce any unnecessary hardship that a landowner is experiencing despite the zoning ordinance having guidelines that are in opposition to the intended use of the land.
(2) Zoning area variance. An area variance allows the property owner to construct a building that goes against the physical requirements held within a zoning ordinance and only the Board of Adjustments has authority to grant area variances.
(3) Zoning use variance. A zoning use variance allows a landowner to use the property or land in a manner that is typically restricted by zoning laws (e.g., using a single family zoned property for multifamily purposes) and only the Council has the authority to grant such variances. Under this chapter, City Council may authorize and delegate authority to grant zoning use variances to certain city staff including but not limited to the City Manager or his or her designees.
(B) Authority to grant area zoning variances.
(1) Board of Adjustment authority to grant zoning area variances. In accordance with the City Charter Section Article XIX Section 7 and Tex. Loc. Gov’t Code §§ 211.008 and 211.009, the city’s Zoning Board of Adjustment may, in appropriate cases and subject to appropriate principles, standards, rules, conditions and safeguards set forth in the ordinances, make special exceptions to the terms of the zoning regulations in harmony with their general purpose and intent. Such ordinances may provide that the Zoning Board of Adjustment may authorize variances from the strict application of the regulations in such situations and subject to such limitations as may be set forth in ordinance.
(2) City Council authority to grant use zoning variances. In accordance with the City Charter and state law, the City Council may grant zoning use variances that grants permission to use property in a manner that is different from that prescribed by the zoning ordinance under this chapter. Such zoning use variances must not be contrary to the public interest. and the spirit of the zoning ordinance must be observed.
(3) Staff authority to grant administrative use variances. In accordance with the City Charter, state law and the provisions of this chapter, the City Manager and his or her designees may grant zoning certain administrative use variances through authority delegated and approved by the City Council. Such administrative use variances may grant permission to use property in a manner that is different from that prescribed by the zoning ordinance under this chapter. Such zoning use variances must not be contrary to the public interest, and the spirit of the zoning ordinance must be observed.
(C) Variance application. Applications for a variance may be filed by the owner of property or an authorized agent upon recommendation of the Zoning Commission, Board of Adjustment or City Council. Tex. Loc. Gov’t Code § 211.009 and § 153.04(B)(1) of this section establish the evaluation criteria for consideration by the Board when reviewing and deciding upon requested variances to the zoning ordinance.
(D) Appeals to the Board of Adjustment.
(1) Generally, an appeal may be taken to the Zoning Board of Adjustment by any person aggrieved or by any officer, department, or board of the city affected by a decision of the administrator under this chapter.
(2) The Zoning Board of Adjustment shall hear and decide appeals that allege error in an order, requirement, decision, or detennination made by an administrative official in the enforcement of Tex. Loc. Gov’t Code, Chapter 211, Subchapter A, Municipal Regulatory Authority, or this chapter.
(3) The procedure for an appeal under this section shall be in accordance with Tex. Loc. Gove’t Code, § 211.010, Appeal to Board, this division, and any applicable adopted rules of procedure.
(4) The Zoning Board of Adjustment shall decide the merits of the appeal based on their findings of fact and deliberations. In any case where the notice of appeal is accompanied by an application for variance, the Zoning Board of Adjustment shall have the authority to grant, as part of the relief, a variance but only in strict compliance with each provision stated in this section or the Code of Ordinances.
(5) In any case where this chapter imposes conditions and limitations upon any right, any such right granted by the Zoning Board of Adjustment on appeal shall be subject to such conditions and limitations in the same manner and to the same extent as if secured without the necessity of an appeal.
(E) Residential development projects that do not require a variance or permit.
(1) Permits required for new construction. Permits are required for new construction, as well as work that changes, moves or repairs walls, floors, ceiling, windows, doors, electrical, mechanical or plumbing.
(2) Permits not required for “cosmetic” remodels. For the purposes of this section, cosmetic remodels include but are not limited to the following:
(a) One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 300 square feet.
(b) Cabinets and counter tops.
(c) Carpeting and wood/laminate flooring.
(d) Painting, plastering, repairing of sheet rock, wall papering and tiling.
(e) Retaining walls less than four feet.
(f) Sidewalks and driveways inside your property line.
(g) Swings and playground equipment.
(h) Window repair.
(i) Replacement of existing doors.
(j) Replacing of new siding over existing siding.
(Ord. 23-1319, passed 8-10-2023)