Blooming Grove City Zoning Code
ARTICLE 8
MUNICIPAL AGENTS
It is declared to be the general policy of the City of Blooming Grove, unless otherwise expressly provided by this ordinance, that its municipal planning functions and responsibilities are distributed and assigned as follows:
[1]
Original has this as Division 175.
§ 1 Zoning Administrator.
Administration and enforcement.
(Ordinance 348 adopted 6/19/18)
§ 2 Planning and Zoning Commission.
Study and make recommendations on policy and amendments to zoning ordinance.
(Ordinance 348 adopted 6/19/18)
§ 3 Board of Adjustment and Appeals.
Appeals and review.
(Ordinance 348 adopted 6/19/18)
§ 4 Administrator.
An administrative official designated by the city manager shall serve as the Zoning Administrator who shall administer and enforce this ordinance. He may be provided with the assistance of such other persons as the city manager may direct.
(Ordinance 348 adopted 6/19/18)
§ 1 Commission Created.
The Planning and Zoning Commission, as heretofore duly created by ordinance and now performing its authorized duties is hereby perpetuated.
(Ordinance 348 adopted 6/19/18)
§ 2 Members.
The City Council shall act as the Commission. Members shall serve during their respective terms and until respective successors are appointed.
(Ordinance 348 adopted 6/19/18)
§ 3 Organization and Rules of Procedure.
The members of the Commission shall organize and elect their own officers and shall hold meetings regularly and shall designate the time and place of such meetings. The Commission shall have the power to adopt its own rules of procedure insofar as the same are consistent with the statutes of the State of Texas and the ordinances of the City of Blooming Grove, and shall keep a written record of all its proceedings. The Zoning Administrator shall have the duty of care, custody and control of all records of the Commission. Four (4) members of the Commission shall constitute a quorum for the transaction of business.
(Ordinance 348 adopted 6/19/18)
§ 4 Powers, Jurisdiction and Scope of Activity of Commission.
A.
The Commission shall procure information and make recommendations to the City Council on the creation or modification of zoning districts.
B.
The Commission shall serve as a recommending body to the City Council regarding the approval or disapproval of all preliminary, final, and revised plats of land.
C.
The Commission shall discharge all functions involving city planning and zoning by law or this ordinance, and shall investigate, study, and submit reports and recommendations to the City Council on all such matters as it or the city council shall deem appropriate and which have any relation to municipal planning or zoning.
(Ordinance 348 adopted 6/19/18)
§ 1 Board Created.
The Board of Adjustments, as created by ordinance and now performing its authorized duties is hereby perpetuated.
(Ordinance 348 adopted 6/19/18)
§ 2 Members.
A.
The City Council shall act as the Board unless the Council desires to appoint a separate Board. If the Council acts as the Board, members shall serve during their respective terms and until respective successors are appointed. If fewer than five (5) members serve on the City Council, additional members must be appointed to fulfill the State law requirement of a five (5) member minimum on the Board of Adjustments.
B.
If the Council desires for there to be a separate Board of Adjustments, the board shall consist of five (5) regular members and two (2) alternates, appointed by the City Council for two (2) years staggered terms, who shall serve during their respective terms and until respective successors are appointed. Alternate members may be appointed to serve when one or more regular members are absent. All cases must be heard by a minimum of 75 percent of the members.
(Ordinance 348 adopted 6/19/18)
§ 3 Powers of the Board.
The Board shall have the following powers:
A.
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this ordinance.
B.
To hear and decide special exceptions to the terms of the ordinance upon which the board is required to pass under this ordinance.
C.
To authorize upon appeal in special cases such variances from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provisions of the ordinance will result in unnecessary hardship, so that the spirit of this ordinance shall be observed and substantial justice done.
D.
To determine and designate substandard buildings.
(Ordinance 348 adopted 6/19/18)
§ 4 Appeals to the Board of Adjustments.
Appeals to the Board can be taken by any person aggrieved or by any officer, board or department of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within fifteen (15) days’ time after the decision has been rendered by the administrative officer by filing a notice of appeal specifying the grounds thereof with the officer from whom the appeal is taken and with the board. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.
(Ordinance 348 adopted 6/19/18)