The word
BOARD, when used in this chapter, shall be construed to mean the Board of Adjustment.
(A) Organization and procedure.
(1) Establishment. A Board of Adjustment is hereby established in accordance with the provisions of Tex. Local Gov’t Code, Ch. 211, regarding the zoning of cities and with the powers and duties as provided in said code.
(2) Membership. The Board shall consist of five citizens of the city each to be appointed or reappointed by the Mayor and confirmed by the City Council, for staggered terms of two years respectively. Each member of the Board shall be removable for just cause by the City Council upon written charges and after public hearings. Vacancies shall be filled by the City Council for the unexpired term of any member whose term becomes vacant. The Board shall elect its own Chairperson, who shall serve for a period of one year or until his or her successor is elected.
(3) Meetings. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine.
(4) Hearings. The hearings of the Board of Adjustment shall be public.
(5) Rules and regulations. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the City Secretary and shall be a public record. The Board of Adjustment shall act by resolution in which three members must concur. The Board shall adopt from time to time such additional rules and regulations as it may deem necessary to carry into effect the provisions of this chapter, and shall furnish a copy of the same to the Building Inspector, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and orders shall be in accordance therewith.
(B) Appeals.
(1) Procedure. Appeals may be taken to and before the Board of Adjustment by any persons aggrieved, or by any officer, or department of the city. Such appeal shall be made by filing with the Building Inspector a notice of appeal and specifying the grounds thereof. The office or department from which the appeal is taken shall forthwith transmit to the Board of Adjustment all of the papers constituting the record upon which the action appealed from was taken.
(2) Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector shall certify to the Board of Adjustment that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceeding shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment or by a court of equity, after notice of the officer from whom the appeal is taken and on due cause shown.
(3) Notice of hearing on appeal. The Board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of such hearing to the petitioner and to the owners of property lying within 200 feet of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the Board to be affected thereby, such owners and persons being determined according to the current tax rolls of the County Appraisal District. Depositing of such written notice in the mail shall be deemed sufficient compliance therewith.
(4) Decision of Board. The Board shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The Board may reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer or department from whom the appeal is taken.
(C) Powers and duties of Board.
(1) Subpoena witnesses and the like. The Board shall have the power to subpoena witnesses, administer oaths, and punish for contempt, and may require the production of documents, under such regulations as it may establish.
(2) Appeal based on error. The Board shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirements, decision or determination made by the Building Inspector in the enforcement of this chapter.
(3) Special exceptions. The Board shall have the power to hear and decide special exceptions to the terms of this chapter upon which the Board is required to pass as follows or elsewhere in this chapter:
(a) To permit a public utility or public service use or structure in any district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety or general welfare;
(b) To grant a permit for the extension of a use, height, or area regulations into an adjoining district, where the boundary line of the district divides a lot in a single ownership on the effective date of this chapter;
(c) 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 necessary the full provision 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 a convenience;
(d) Permit land within 300 feet of a multi-family dwelling to be improved for the parking spaces required in connection with a multi-family dwelling, but only when there is positive assurance that such land will be used for such purpose during the existence of the multi-family dwelling; and
(e) To determine in cases of uncertainty the classification of any use not specifically named in this chapter.
(4) Variances. The Board shall have the power to authorize upon appeal in specific cases such variance 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, owing to and including the following special conditions:
(a) Permit a variance in the area, setback, height and/or coverage requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the implementation of these provisions due to an irregular shape of the lot, topography or other conditions, provided such variance will not adversely affect any adjoining property or the general welfare; and
(b) Authorize upon appeal, whenever a property owner can show that a strict application of the terms of this chapter relating to the construction or alterations of buildings or structures will impose upon him unusual and practical difficulties or particular hardship, such variances from the strict application of the terms of this chapter as are in harmony with its general purpose and intent. A variance shall be granted only when the Board is satisfied that a such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance from the Community Development Plan of the city, and at the same time protect the value and integrity of nearby property.
(Ord. passed 4-4-2000)