The Board of Adjustment shall have authority to grant variances from the requirements of this chapter in accordance with the procedures of this chapter.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

The purpose of variances is to provide a mechanism for relief where, owing to special conditions, the literal enforcement of the regulations of this chapter will result in unnecessary hardship, provided that the granting of variances will not be contrary to the public interest and provided further that the spirit of this chapter will be preserved by variances granted under the terms and provisions hereof.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

An owner or person, either owning or having a contractual interest in the property to be affected by the variance, may seek a variance under the provisions of this chapter.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

The Board shall not grant a variance unless it shall, in each case, make specific written affirmative findings based directly upon the particular evidence presented to it which support written conclusions that:

A.

Such modifications of the height, yard, area, lot width, lot depth, off-street loading, screening wall, coverage, parking and sign regulations are necessary to secure appropriate development of a parcel of land which materially differs from other parcels in the district because of a special condition unique to and inherent in the parcel itself, such as restricted area, shape or slope, such that the parcel cannot be appropriately developed without modification;

B.

A literal enforcement of the zoning ordinance from which the variance is requested would result in unnecessary hardship not self-created or personal, nor solely financial in nature;

C.

The granting of the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public health, safety and well-being, or substantially diminish or impair property values within the neighborhood; and

D.

The variance desired will not be opposed to the general spirit and intent of this chapter.

E.

In addition to the criteria in subsections A. through D., above, on which the Board must make affirmative findings in order to approve a variance request, the Board may consider the following criteria to support a decision on a variance request:

(1)

The financial cost of compliance is greater than fifty (50) percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the municipality under Texas Local Government Code Section 26.01, Tax Code;

(2)

Compliance would result in a loss to the lot on which the structure is located of at least twenty-five (25) percent of the area on which development may physically occur;

(3)

Compliance would result in the structure not being in compliance with a requirement of a municipal ordinance, building code, or other requirement;

(4)

Compliance would result in the unreasonable encroachment on an adjacent property or easement; or

(5)

The municipality considers the existing structure to be a nonconforming structure.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

An application for a variance shall be filed with the Secretary of the Board of Adjustment according to rules of procedure adopted from time to time by the Board and shall be accompanied by a nonrefundable fee as prescribed in such rules of procedure, to defray administrative costs.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

Variances from the terms of this chapter shall not be contrary to the public interest but may be granted where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

The Board shall hold a hearing on a requested variance, pursuant to the procedures set out in this Code, as soon as practical after a complete application for a variance is filed.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

The Board may set forth conditions in the written order granting a variance. Such conditions may relate to screening, landscaping, location and other conditions necessary to preserve the character of the area and protect property in the vicinity of the variance.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

The Board of Adjustment shall have the authority to grant special exceptions, in accordance with the provisions of this Code and the procedures and standards hereinafter set forth, to permit:

A.

The reconstruction of a nonconforming structure when the structure has been damaged or destroyed to the extent of more than fifty (50) percent of the fair market value of the structure, or the restoration, repair or renovation of a nonconforming structure when the structure has been damaged by less than fifty (50) percent of its fair market value where no building permit has been previously automatically issued for such restoration, repair or renovation within six (6) months from the date of damage as permitted under this Code; or

B.

Any nonconformity which is nonconforming solely because of failure to comply with regulations governing parking, screening, landscaping or lighting, to continue as a special exception, subject to the procedures in this article and subject to conditions which may be imposed by the Board; or

C.

Any nonconformity for which such authority has been specifically allowed by ordinance.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

The owner or other person having a contractual interest in the property which is the site of the proposed special exception may initiate a request for a special exception.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

Special exceptions may not be granted unless the Board makes written findings based directly upon the particular evidence presented to it which support written conclusions that the granting of the special exception will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public health, safety and well-being, or substantially diminish or impair property values within the neighborhood.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

An application for a special exception shall be filed with the Secretary of the Board of Adjustment according to rules of procedure adopted from time to time by the Board and shall be accompanied by a nonrefundable fee as prescribed in such rules of procedure, to defray administrative costs.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

The Board shall hold a hearing on a special exception as soon as practical after a complete application for a special exception is filed, pursuant to the procedures of the Board.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

The Board may attach conditions to the granting of a special exception, including landscaping, lighting, hours of operation, parking or other reasonable conditions which will minimize the impact of the exception on the surrounding neighborhood. The Board shall provide for the duration of the special exception.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

This Section shall only be applicable where construction has lawfully been commenced in full compliance with all other provisions of this Code, but because of circumstances beyond the control of the City of Bellaire and/or the homeowner, conditions are found to exist wherein because of the particular stage of construction and/or completion, it is discovered that a required yard is insufficient and that a residential structure was constructed based upon an error in surveying wherein the required minimum yard dimension is less than the required distance between the property line and the structure.

The Board of Adjustment may grant a special exception to permit the maintenance of a structure not meeting the minimum yard requirements, as herein provided, if the Board of Adjustment finds that the grant of the special exception:

A.

Will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located; nor

B.

Increase the congestion in public streets; nor

C.

Increase the danger of fire; nor

D.

Endanger the public health, safety and well-being; and finds that

E.

The Building Official or other person designated by the City Manager has filed a written analysis with the Board of Adjustment which provides a summary of the circumstances surrounding the request for a special exception and an analysis of the impact the proposed special exception would have as to any fire, health, safety and welfare hazard and economic impact relating to the degree of construction lawfully completed when the discovery was made that the required minimum yard dimension is less than the required distance between the property line and the structure.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

The purpose of this section is to regulate and limit the continued existence of uses, lots and structures in nonresidential districts established prior to the enactment of this chapter which do not conform to the provisions of this chapter. Many nonconformities may continue, but the provisions of this division are designed to curtail substantial investment in nonconformities and to bring about their eventual elimination, where appropriate, in order to preserve the integrity of the zoning districts. Nonconforming uses, lots and structures in residential districts may continue and are not subject to termination under any provision of this division; however, nonconformities in residential districts may not be enlarged, changed or modified unless the same are done in accordance with other provisions of this article.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

A.

Authority to continue. Nonconforming uses of land and nonconforming uses of structures may continue in accordance with the provisions of this division and the provisions of Section 24-502 establishing a right of continued occupancy and authorizing the issuance of certificates of right to occupy legally existing nonconforming residential structures.

B.

Ordinary repair and maintenance. Normal maintenance and repair of nonconforming uses may be performed.

C.

Extensions. Nonconforming uses shall not be extended. This prohibition shall be construed so as to prevent the:

(1)

Enlargement of nonconforming uses by additions to the structure in which such nonconforming uses are located; and

(2)

Occupancy of additional land.

D.

Relocation. A structure housing a nonconforming use may not be moved unless the use shall thereafter conform to the limitations of the zoning district into which it is moved.

E.

Change in use. A nonconforming use shall not be changed to any other use unless such use conforms to the provisions of this chapter.

F.

Termination.

(1)

Abandonment or discontinuance.

a)

Where a nonconforming use of land is discontinued or abandoned for six (6) months, then such use may not be re-established or resumed, and any subsequent use must conform to the provisions of this chapter.

b)

Where a nonconforming use of a structure is discontinued or abandoned for twelve (12) months, then such use may not be re-established or resumed and any subsequent use must conform to the provisions of this chapter.

(2)

Damage or destruction. If a structure housing a nonconforming use is damaged or destroyed by fifty (50) percent or more of the fair market value of the structure, then the structure may be restored by special exception granted by the Board. No permit other than a building permit shall be required for the restoration, repair or renovation of a nonconforming structure which has been damaged by less than fifty (50) percent of the fair market value of such structure. However, no building permit shall be automatically issued for the restoration, repair or renovation after the expiration of six (6) months from the date of the damage unless a special exception shall be granted by the Board of Adjustment.

(3)

The Board may require the discontinuance of nonconforming uses of land or structures in a nonresidential district or a nonresidential use in a residential district, under any plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity of all property to conform to the regulations of this chapter. All actions to discontinue a nonconforming use of land and structure shall be taken with due regard for the property rights of the persons affected when considered in light of the public welfare and character of the area surrounding the designated nonconforming use and the conservation and preservation of property. The Board shall, from time to time, on its own motion or upon cause presented by interested property owners, inquire into the existence, continuation or maintenance of any nonconforming use within the City.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

No nonconforming accessory use or structure shall continue after the principal structure or use shall have ceased or terminated unless such structure or use shall thereafter conform to the provisions of the zoning district in which it is located.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

The Board of Adjustment shall have the authority to hear and decide appeals from any decision, determination or interpretation by any administrative official with respect to the provisions of this chapter, subject to the standards and procedures hereinafter set forth.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

An application for an appeal may be initiated by any person aggrieved, or by any officer, department or board of the municipality affected, by any orders, decision, determination or interpretation of any administrative official with respect to the provisions of this chapter. Said application for appeal shall be filed with the Secretary of the Board of Adjustment according to rules of procedure adopted from time to time by the Board.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

A notice of appeal in prescribed form must be filed with the Secretary of the Board and with the office or department rendering the decision, determination or interpretation which is the subject of the appeal, within fifteen (15) days of such decision, determination or interpretation. The filing of such notice of appeal will require the Building Official or other City department to forward to the Board any and all records concerning the subject matter of the appeal.

Failure to file such appeal shall constitute a waiver of any rights under this chapter to appeal any interpretation or determination made by such administrative official.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

The filing of a notice of appeal shall stay any proceedings in furtherance of the action appealed from unless the Building Official or other administrative official rendering such decision, determination or interpretation certifies in writing to the Board and the applicant that a stay poses an imminent peril to life or property, in which case the appeal will not stay further proceedings. The Board may review such certification and grant or deny a stay of the proceedings.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

The Board of Adjustment shall hold a hearing on an appeal as soon as practical after a notice of appeal is filed. The failure of the Board to act within a reasonable time shall not deprive it of jurisdiction of the matter. The Board may reverse, affirm or modify the decision, determination or interpretation appealed from and in so modifying such decision, determination or interpretation, the Board shall be deemed to have all the powers of the officer from whom the appeal is taken, including the power to impose reasonable conditions to be complied with by the applicant.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)