A.

Responsibilities

Table 14 is a summary of the Planning Director's responsibilities within the Zoning Ordinance.

(Ord. No. 3154-17, § 1, 4-10-2017)

A.

Responsibilities

Table 15 is a summary of the Building Official's responsibilities within the Zoning Ordinance.

(Ord. No. 3154-17, § 1, 4-10-2017)

A.

Establishment

The City's Home Rule Charter establishes the standards governing the Planning and Zoning Commission within Article II (Municipal Planning and Zoning), Section 90-7.01 or as amended.

B.

Responsibilities

Table 16 is a summary of the Planning and Zoning Commission's responsibilities within the Zoning Ordinance.

(Ord. No. 3154-17, § 1, 4-10-2017)

Charter reference— Planning and zoning commission, §§ 7.01, 7.02.

A.

Establishment

The City's Code of Ordinances establishes the standards governing the City Council within Article II (Municipal Planning and Zoning), Section 90-7.01.

B.

Responsibilities

Table 17 is a summary of the City Council's responsibilities within the Zoning Ordinance.

(Ord. No. 3154-17, § 1, 4-10-2017)

A.

Establishment

1.

Board Creation

There is hereby created a Board of Adjustment consisting of five members.

2.

Board Member Appointment, Term, and Removal

a.

Each Board of Adjustment member shall be appointed by the Mayor and shall be subject to confirmation by the City Council.

b.

Each Board member shall be appointed for a term of two years and shall be removable for cause by the Mayor, subject to confirmation by the City Council, upon written charges and after a public hearing.

c.

Beginning with the next two appointments of members of the Board of Adjustment and the next two appointments of alternate members, the terms of such appointees shall be reduced by one year to allow for staggered terms. The remainder of members and alternate members shall be appointed as previously appointed members and alternate members, and all terms shall be for the period they would have been but for this amendment, except the reduction of one year as set forth in this section.

3.

Board Vacancies

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.

4.

Board Quorum Requirement

All cases to be heard by the Board of Adjustment require a minimum number of four members.

5.

Board's Alternate Membership

a.

The Mayor, subject to confirmation by the City Council, may appoint two alternate members of the Board of Adjustment, who shall serve in the absence of one or more of the regular members when requested to do so by the Mayor.

b.

The alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two years, and any vacancy shall be filled in the same manner and they shall be subject to removal the same as the regular members.

B.

Procedure

1.

The Board of Adjustment shall adopt rules to govern its proceeding provided, however, that such rules are not inconsistent with this Zoning Ordinance or the Statutes of the State of Texas.

2.

Meetings of the Board shall be held at the call of the Chairman, and at such other times as the Board may determine.

3.

The Chairman, or if absent, the Acting Chairman, may administer an oath and compel the attendance of witnesses.

4.

All meetings of the Board shall be open to the public.

5.

The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicate 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 Board and shall be a public record.

C.

Authority of Board

1.

Pursuant to V.T.C.A., Local Government Code § 211.009, the Board may:

a.

Hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of Zoning Ordinance;

b.

Hear and decide Zoning Special Exceptions to the terms of a Zoning Ordinance when the Zoning Ordinance requires the Board to do so;

c.

Authorize in specific cases a Zoning Variance from the terms of the Zoning Ordinance if the Zoning Variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the Zoning Ordinance is observed and substantial justice is done; and

d.

Hear and decide other matters authorized by any City code or ordinance.

D.

Actions of the Board

1.

Amend, Revise, or Reform

a.

In exercising its authority under Subsection 90-5.05.C. Authority of Board, the Board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the board has the same authority as the administrative official.

b.

Pursuant to V.T.C.A., Local Government Code § 211.009, the concurring vote of four Board members (or at least 75 percent of the Board members) is necessary to:

i.

Reverse an order, requirement, decision, or determination of an administrative official;

ii.

Decide in favor of an Applicant on a matter on which the Board is required to pass per this Zoning Ordinance; or

iii.

Authorize a Zoning Special Exception or Zoning Variance.

2.

Court Remedy

a.

Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, or board of the municipality may present to a district court or county court a petition duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality.

b.

Such petition shall be presented to the court within ten days after the filing of the decision in the office of the Board and not thereafter.

E.

Responsibilities

Table 18 is a summary of the Board of Adjustment's responsibilities within the Zoning Ordinance.

(Ord. No. 3154-17, § 1, 4-10-2017)