Copper Canyon City Zoning Code
ARTICLE 6
BOARD OF ADJUSTMENT
§ 6-101 Creation of the Board of Adjustment.
The Town Council shall provide for the appointment of a Board of Adjustment and the regulations and restrictions adopted shall be pursuant to the provisions of applicable statutory requirement of the State of Texas. The Board of Adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of this Zoning Ordinance in harmony with its general purpose and intent and in accordance with general and specific rules herein contained.
§ 6-102 Powers and Duties.
The Board of Adjustment shall have the following powers:
(A)
To hear and decide appeals where it is alleged there is error in any order, requirement, decision, interpretation, or determination made by the Building Inspector in the enforcement of this Ordinance;
(B)
To interpret the intent of the Zoning District Map where uncertainty exists because the physical features on the ground vary from those on the Zoning District Map and none of the rules set forth elsewhere in this Ordinance apply;
(C)
To hear and decide request for Use Permits for:
(1)
The substitution of one nonconforming use for another nonconforming use when the extent of the substituted use is found to be less detrimental to the environment than the first,
(2)
The enlargement of a building devoted to a nonconforming use where such extension is necessary and incidental to the existing use of such building and does not increase the area of the building devoted to a nonconforming use more than twenty-five percent (25%) and does not Prolong the life of the nonconforming use or prevent a return of such property to conforming use,
(3)
The reconstruction of a nonconforming structure or building on the lot or tract occupied by such building if the cost of reconstruction is less than sixty percent (60%) of the appraised value of the structure or building or if the reconstruction would not prevent the return of such property to a conforming use or increase the nonconformity of such nonconforming structure or building;
(D)
To initiate on its motion, or cause to be presented by interested property owners action to bring about the discontinuance of a nonconforming structure under any plan whereby full value of the structure can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this Ordinance;
(E)
To authorize in specific cases a variance from the terms of the zoning ordinance if the 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 ordinance is observed and substantial justice is done.
(F)
In reaching its decision the Board of Adjustment shall not grant the variance appeal if it finds:
(1)
that literal enforcement of the controls will not create an unnecessary hardship or practical difficulty in the development of the affected property, or
(2)
that the situation causing the hardship or difficulty is either self-imposed or generally affecting all or most properties in the same zoning district, or
(3)
that the relief sought will injure the permitted use of adjacent conforming property, or
(4)
that the granting of the variance will not be in harmony with the spirit and purposes of these regulations.
Any variance granted by the Board shall terminate automatically (a) when the specified period of use has expired, or (b) when the use ceases to be in full compliance with any condition imposed by the Board, or (c) when the use has been abandoned. |
(G)
The Board of Adjustment shall fix a reasonable time for the hearing of any matter authorized by this Article and shall give the public notice by depositing such notice in the mail addressed to all owners of real property located within 200 feet of the property which is the subject of the hearing, if applicable, and by publishing notice of such hearing in a newspaper of general circulation in the Town. Both the mailed and published notice shall be given at least ten (10) days prior to the date set for the hearing. At the hearing any party may appear in person or by attorney or agent.
(Ordinance 15-012 adopted 9/28/15)
§ 6-103 Organization of the Board.
(A)
The Board of Adjustment shall consist of five (5) members, including its chairman, who are residents of the Town of Copper Canyon. No member of the Board of Adjustments may hold or be a candidate for any state, federal, county office, any elected office of any water, special utility district under state law, or any public entity that currently provides services, utilities or otherwise has a contractual relationship to the Town.
(B)
The Town Council may provide for the appointment of up to four (4) alternate members to the Board of Adjustment. These alternate members, when appointed, shall serve for the same period as the regular members and any vacancies shall be filled in the same manner and shall be subject to removal as the regular members. Alternate members shall serve in the absence of one or more regular members, and in determining which of the alternate members shall serve in the absence of a regular member, the Town Council shall designate alternate members as Alternate #1, Alternate #2, Alternate #3 and Alternate #4. If for any reason Alternate #1 is unavailable to serve, then Alternate #2 shall so serve. If for any reason Alternate #2 is unavailable to serve, then Alternate #3 shall so serve. If for any reason Alternate #3 is unavailable to serve, then Alternate #4 shall so serve.
(Ordinance 15-013 adopted 9/28/15; Ordinance 20-005 adopted 2/10/20)
§ 6-104 Rules and Regulations.
The Board shall develop and adopt rules in accordance with the provisions of this Ordinance. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Such Chairman, or in his absence the acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board 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 Board (the office of the Town Secretary) and shall be a public record.
§ 6-105 Appeals.
Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department board, commission or committee of the Town affected by any decision of the Building Inspector. Such appeal shall be made within thirty (30) days by filing with the Building Inspector and with the Board of Adjustment a notice of appeal specifying the ground thereof. The Building Inspector shall forthwith transmit [to] the Board all the papers constituting the record upon which the action appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Inspector certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.
The Board of Adjustment shall hear the appeal within thirty (30) days or such extensions as requested by the applicant, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.
§ 6-106 Revision of Appealed Decisions.
In exercising the above-mentioned powers such Board may, in conformity with the provisions of this Ordinance, reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the power of the Building Inspector from whom the appeal is taken.
§ 6-107 Votes Necessary.
The concurring vote of 75 percent of the members of the Board is necessary to:
(1)
reverse an order, requirement, decision, or determination of an administrative official;
(2)
decide in favor of an applicant on a matter on which the Board is required to pass under the zoning ordinance; or
(3)
authorize a variation from the terms of the zoning ordinance.
(Ordinance 04-200, sec. 1, 12/20/04)
§ 6-108 Appeals from the Board of Adjustment.
Any person or persons or any taxpayer or any officer, department, board, commission, or committee of the Town, jointly or severally, aggrieved by any decision of the Board of Adjustment, may present to a court of record a petition, 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 (10) days after the filing of the decision in the office of the Board.