Anna City Zoning Code
Division 8
Decision-Making Bodies
§ 9.04.069 Generally.
This division introduces and establishes decision-making bodies, describes their composition, and summarizes their authority.
(Ordinance 1068-2023-08 adopted 8/22/2023)
§ 9.04.070 Development services department.
The development services department serves as an administrative and staff decision-making body responsible to the mayor, city manager, city council, planning and zoning commission, and board of adjustment. The development services department and the director have the authority to process proposals to change the text and map of this title and for processing zoning and special permit applications, site planning applications, and board of adjustment applications.
(Ordinance 1068-2023-08 adopted 8/22/2023)
§ 9.04.071 City council.
The city council serves as a decision-making body responsible to the mayor, city manager, and the city's residents. The city council is established in of the city charter and shall follow those regulations, as applicable.
(Ordinance 1068-2023-08 adopted 8/22/2023)
§ 9.04.072 Director.
(b)
Powers and duties.
The director has the following duties and responsibilities:
(1)
To advise the city manager on any matter affecting the physical development of the city.
(2)
To formulate and recommend to the city manager a comprehensive plan and modifications.
(3)
To review and make recommendations regarding proposed city council action implementing the comprehensive plan.
(4)
To participate in capital program preparations and revisions.
(5)
To advise the planning and zoning commission in the exercise of its responsibilities and to provide necessary staff assistance.
(6)
To keep the official zoning map current and the copies, by entering any changes that the city council may order by amendments to the zoning ordinance and map.
(7)
To investigate complaints about violations of this zoning ordinance.
(8)
To provide written notification to the person responsible for zoning violation(s), ordering the necessary action to correct violations, and order:
(9)
To provide any other action authorized by this zoning ordinance to ensure compliance with or to prevent violation(s).
(Ordinance 1068-2023-08 adopted 8/22/2023)
§ 9.04.073 Planning and Zoning Commission.
The Planning and Zoning Commission is established and organized in article 9 of city's home rule charter.
(Ordinance 1068-2023-08 adopted 8/22/2023)
§ 9.04.074 Board of Adjustment.
(a)
Creation.
There is hereby created a Board of Adjustment that shall be organized, appointed, and function as follows:
(1)
The Board of Adjustment shall consist of seven members who are residents of the city or its extraterritorial jurisdiction, each to be appointed by the City Council for a term of two years and removable for cause by the appointing authority upon written charges and after the public hearing.
(2)
Vacancies shall be filled for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment was made.
(3)
The terms of three members shall expire each odd-numbered year, and the terms of four of the members shall expire each even-numbered year.
(4)
Board of adjustment members may be appointed to succeed themselves.
(5)
Vacancies shall be filled for unexpired terms, but no member shall be appointed for a term in excess of two years.
(6)
Newly appointed Board of Adjustment members shall be installed at the first meeting after their appointment.
(b)
Organization.
(1)
The Board of Adjustment shall hold an organizational meeting in June of each year.
(2)
The Board of Adjustment shall meet regularly and shall designate the time and place of its meetings.
(3)
The Board of Adjustment shall adopt its own rules of procedure and keep a record of its proceedings consistent with the provisions of this zoning ordinance and the requirements of law.
(c)
Powers and duties pursuant to Texas Local Government Code § 211.009.
(1)
Appeals based on error.
The Board of Adjustment shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirement, decision, or determination made by an administrative official of the city in the enforcement of this zoning ordinance.
(2)
Limitation on reapplications.
When the Board of Adjustment has denied a proposal, no new applications of similar nature shall be accepted by the board or scheduled for 12 months after the date of denial. Applications that have been withdrawn at or before the Board of Adjustment meeting may be resubmitted at any time for hearing before the Board of Adjustment.
(3)
Vote of four members required.
The concurring vote of four members of the Board of Adjustment is necessary to:
(d)
Decision on appeals.
The Board of Adjustment shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The Board of Adjustment may reverse or affirm wholly or partly or may modify the order, requirements, 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.
(e)
Variances.
The Board of Adjustment shall have the power to authorize upon appeal in specific cases such variance from the terms of this zoning ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this zoning ordinance will result in unnecessary hardship and so that the spirit of this zoning ordinance shall be observed and substantial justice done, including the following:
(1)
Permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of the provisions due to an irregular shape of the lot or topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare.
(2)
Authorize, upon appeal, whenever a property owner can show that a strict application of the terms of this article relating to the construction or alterations of buildings or structures will impose unusual and practical difficulties or particular hardship, such variances from the strict application of the terms of this zoning ordinance as are in harmony with its own general purpose and intent, but only when the board is satisfied that granting of 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 comprehensive plan as established by this article and at the same time, the surrounding property will be properly protected.
(3)
The Board of Adjustment shall have the power to hear and decide appeals where it is alleged there is an error of law in any order, requirements, decision, or determination made by the building inspector in the enforcement of this zoning ordinance. Except as otherwise provided herein, the board shall have, in addition, the following specific powers:
(A)
To permit the erection and use of a building or the use of premises for railroads if such uses are in general conformance with the master plan and present no conflict or nuisance to adjacent properties.
(B)
To permit a public utility or public service 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.
(C)
To grant a permit for the extension of a use, height, or area regulation into an adjoining district, where the boundary line of the district divides a lot in single ownership on the effective date of this article.
(D)
To permit the reconstruction of a nonconforming building that has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than 90% of its fair market value, where the Board of Adjustment finds some compelling necessity requiring a continuance of the nonconforming use.
(F)
The Board of Adjustment shall not waive or reduce such requirements merely for the purpose of granting an advantage or convenience.
(f)
Special exceptions.
The Board of Adjustment may hear and decide special exceptions to the terms of this zoning ordinance when the regulations require the Board of Adjustment to do so. Special exceptions shall follow the requirements in section 9.04.053.
(g)
Changes.
(1)
The Board of Adjustment shall have no authority to change any provisions of this zoning ordinance and its jurisdiction is limited to hardship and borderline cases which may arise from time-to-time. The Board of Adjustment may not change the district designation of any land either to a more or less restrictive zone.
(2)
It is the intent of this zoning ordinance that all questions of interpretation and enforcement shall be first presented to the administrative official, that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the building official and that recourse from the decisions of the Board of Adjustment shall be to the courts as provided by the laws of the state.
(Ordinance 1068-2023-08 adopted 8/22/2023; Ordinance 1170-2025-09 adopted 9/23/2025)