(a)

The zoning board of adjustment shall consist of five members and two alternate members who shall be residents of the City of Castle Hills and not members of the city council, the zoning commission, or the architectural review committee. Prior to appointments, the mayor and aldermen are encouraged to solicit applications, resumes, or indications of interest from citizens. Each alderman shall appoint one member whose place on the committee shall correspond to the place of the appointing alderman. The mayor shall appoint a chairman from among the members appointed by each alderman. There shall be two alternates to this board, one appointed by the mayor, one appointed by council at large. The minimum quorum for meetings of the board of adjustment shall be three members or alternates.

(b)

Members and alternates shall serve two-year terms after the initial appointments. A vacancy shall be filled for any unexpired term. The term of the initial appointments shall end June 1, 2020. Subsequent appointments for places 2, 3 and alternates shall end June 1, 2021; and places 1, 4, and 5 shall end on June 1, 2022.

(c)

Members may be removed for cause by action of the city council on written charges after notice and public hearing before the city council. The following constitute cause for removal under this section:

(1)

Malfeasance;

(2)

Failure to maintain reasonable familiarity with statutes, ordinances and rules governing the board or failure to be governed thereby;

(3)

Failure to properly disclose a conflict of interest as required under Chapter 171 Texas Local Government Code.

(4)

Failure to recuse him or herself in the event of a conflict of interest or in any situation in which the member has a direct pecuniary interest in the outcome of a vote; or

(5)

Member fails to attend three consecutive meetings of the zoning board of adjustment without reasonable excuse and/or prior notice to or coordination with the city manager.

(4)

The mayor and city manager shall insure that each newly appointed member of this board is infirmed generally of their duties and responsibilities under applicable law and regulations. However, if any required appointment is not made by the responsible person or entity by the second regular meeting following the presentation of the appointment item on the agenda, then the mayor may make the appointment.

(5)

The members of the zoning board of adjustment may set their own rules and procedures for efficient operation of committee activities, consistent with applicable law, the City Code of Ordinances, and guidance which may be provided from time to time by action of the city council.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

Meetings of the board of adjustment shall be held at the call of the chairperson and at such other times as the board may determine. The chairperson, or, in his absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment shall be open to the public.

(b)

The board of adjustment 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 manager and shall be a public record.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

The board of adjustment shall have the power and duty:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the city manager in the enforcement of this chapter.

(2)

To hear and decide special exceptions to the terms of this chapter upon which the board of adjustment is required to pass under the provisions of this chapter.

(3)

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 will result in unnecessary hardship, and so the spirit of the chapter shall be observed and substantial justice done.

(4)

To exercise such other powers and duties as may be assigned from time to time by the city council or as are permitted by state law.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

Appeals to the board of adjustment may be made by any person aggrieved or by any officer, department or board of the city affected by any decision of the administrative officer. In exercising its powers, the board of adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such determination as should be made within these chapter regulations, including, without limitation, the granting of special exceptions and variances.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

An appeal stays all proceedings of the action appealed from, unless the city manager from whom the appeal is taken certifies to the board of adjustment that, by reason of facts stated in the certificate, a stay would, in his opinion, cause immediate peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the board of adjustment or by a court of record upon application, with notice to the city manager from whom the appeal is taken and on due cause shown.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

The board of adjustment shall set a reasonable time for the hearing of the appeal and give public notice thereof as well as due notice to the interested parties in the manner required by this article. At the hearing, any party may appear in person or by agent or attorney. The applicant shall post a city-provided sign on the property in question advising the public of the application and of the hearing date on the application. A sign must be visible from each street that borders the property and shall be posted within seven days of filing of the application and be maintained until the day after the hearing. Sign location shall be subject to city approval.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

The notice of public hearings before the board of adjustment shall be given by publication once in a newspaper of general circulation in the city or the official newspaper, stating the time and place of such hearing, which time shall not be earlier than ten days from the date of such publication.

(b)

In addition, the board of adjustment shall mail notices of hearing to the petitioner and to all owners of property lying within 250 feet or a minimum of the contiguous properties immediately adjacent to the applicant's property at any point of the lot on which a special exception or variance is desired, and to all other persons deemed by the board of adjustment to be affected thereby. These owners and persons shall be determined according to the last approved tax roll of the city. Such notice may be served by depositing the same, properly addressed and postage paid, in any post office.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

All applications for appeal and for special exceptions to and variances from the terms of this chapter shall be in writing and shall specify the facts involved, the relief desired and the grounds thereof. Each such application shall be filed, together with the applicable fee as provided in the city fee schedule, with the city manager, who, after investigation, shall transmit the application together with his report and all papers constituting the record of circumstances upon which the appeal is taken to the board of adjustment within ten days after receiving the application.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

The board of adjustment is hereby empowered to permit the following exceptions, provided its action does not injure the health, safety, morals or the general welfare of the occupants of nearby properties and is in harmony with the general purpose and intent of this chapter:

(1)

Permit such modifications of the height, yard area, spacing and parking regulations as may be necessary to secure development of a parcel of land of such unusual topography or restricted area or shape that it cannot be appropriately developed without such modification.

(2)

Permit such modification of the parking regulations as may be warranted by the unusual character of a proposed use.

(3)

Permit the reconstruction of a building occupied by a nonconforming use provided such reconstruction does not prevent the return of the property to a conforming use.

(4)

Determine in case of uncertainty the classification as to district of a use not specifically named in this chapter; provided however, such use shall be in keeping with uses specifically named in the district regulations.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

The board of adjustment is hereby authorized upon appeal from the decision of the city manager to grant 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 will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done. A financial or a self-inflicted hardship by an applicant or a predecessor in title is not sufficient to show unnecessary hardship.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

Any special exception or variance authorized by the board of adjustment shall constitute authority for the issuance of a building permit or a certificate of occupancy if applied for within 180 days from the date of favorable action, unless the board of adjustment authorizes a longer period. If the zoning permit or certificate of occupancy shall not have been applied for within this time frame, then the grant of the special exception or variance shall terminate. Such termination shall be without prejudice to subsequent application to the board in accordance with the regulations regarding applications.

(b)

No application to the board of adjustment for an identical or substantially similar variance or special exception shall be allowed on the same piece of property prior to the expiration of six months from the ruling of the board of adjustment, unless other property in the same block or within 500 feet thereof, within such six-month period, has been altered or changed by a ruling of this board. In this case, the change of circumstances shall permit the allowance of such application, but shall in nowise have any force to compel the board of adjustment, after a hearing, to grant such subsequent application. Such application shall be considered on its merits as in all other cases.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

The concurring vote of four members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of the city manager to decide in favor of the applicant; or to authorize a variance from the terms of this chapter.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

Any person or persons jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or any official, department, board or bureau of the city, may present to a court of record a petition for a writ of certiorari, as provided by V.T.C.A., Local Government Code § 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision of the board of adjustment in the office of the city manager.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)