There is hereby created a board of adjustment for the City of Crockett, Texas with the powers and responsibilities as hereinafter set forth.

A.

Membership on the board of adjustment.

1.

The board of adjustment shall consist of five (5) regular members who are residents of the City of Crockett, each to be appointed for a term of two (2) years and removable for cause by the city council upon written charges and upon public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

2.

Two (2) alternate members of the board of adjustment shall be appointed who will serve in the absence of one (1) or more regular members when requested to do so by the mayor or city administrator as the case may be. 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.

B.

Quorum of four members required. All cases to be heard by the board of adjustment will always be heard by a minimum number of four (4) members.

C.

Meetings. Meetings of the board of adjustment 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 will be held in accordance with section 604 of this ordinance.

D.

Rules of order. The board will adopt rules of order in accordance with the provisions of this ordinance. The rules are not effective until approved by the city council.

(Ord. No. O-5B-86, § 1, 5-19-86; Ord. No. O-10B-19, § 1, 10-21-19)

The board of adjustment is specifically empowered to exercise authority in the following areas:

A.

To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by the code enforcement officer in the enforcement of this ordinance.

B.

To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit and intent of the ordinance will be observed and substantial justice done. It is specifically provided, however, that under no circumstances may the board issue a use variance.

C.

To hear and decide special exceptions to the terms of the ordinance.

D.

To designate nonconforming land use activities and amortization of the same as covered in section 501 of this ordinance.

(Ord. No. O-5B-86, § 1, 5-19-86)

A.

Procedures.

1.

A person wishing to receive a variance or a special exception from the ordinance or make an appeal from the decision of the zoning enforcement officer will make application to the board on forms provided by the city.

2.

A fee of fifty dollars ($50.00) must accompany each application to defray costs associated with notification of the hearings.

3.

Public hearings will be held in conjunction with each decision made by the board of adjustment in accordance with section 603 of this ordinance.

B.

Concurring vote of four (4) members. The concurring vote of four (4) members is necessary to:

1.

Reverse any order, requirement, decision, or determination of the zoning enforcement officer;

2.

Decide in favor of any applicant on any matter upon which it is required to pass;

3.

Grant a variance to the terms of the ordinance;

4.

Designate a nonconforming use.

If four (4) members cannot concur on the action to be taken, the order, requirement, decision, or determination of the zoning enforcement officer is upheld and remains in full force and effect.

C.

Meetings. Meetings will be held by the board in accordance with section 604 of this ordinance.

D.

Appeals to the board of adjustment from the decision of the zoning enforcement officer.

1.

Any of the following persons may appeal to the board of adjustment a decision made by the zoning enforcement officer that is not related to a specific application, address or project:

(1)

A person aggrieved by the decision; or

(2)

Any officer, department, board or bureau of the city affected by the decision.

2.

Any of the following persons may appeal to the board of adjustment a decision made by the zoning enforcement officer that is related to a specific application, address or project:

(A)

A person who:

(1)

Filed the application that is the subject of the decision;

(2)

Is the owner or representative of the owner of the property that is the subject of the decision; or

(3)

Is aggrieved by the decision and is the owner of real property within two hundred (200) feet of the property that is the subject of the decision; or

(4)

Any officer, department, board, or bureau affected by the decision.

3.

Every ruling made by the board of adjustment on an appeal must be accompanied by a written finding of fact based on the testimony.

4.

Appeals to the board of adjustment must be filed with the board of adjustment and the zoning enforcement officer not later than twenty (20) days after the date of the decision of the zoning enforcement officer. On receiving the notice, the zoning enforcement officer shall immediately transmit to the board all the papers constituting the record of the action that is appealed.

5.

An appeal stays all activities in furtherance of the action appealed from, unless the zoning enforcement officer certifies to the board of adjustment that by reason of facts stated in the record, a stay would cause imminent peril to life or property. In such an instance, the activities may not be stayed other than by a restraining order issued by the board of adjustment or by a court of record.

6.

The board of adjustment shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest. A party may appear at the appeal hearing in person or by agent or attorney. The board shall decide the appeal at the next meeting for which notice can be provided following the hearing, and not later than the sixieth day after the date the appeal is filed.

7.

The board may not rehear an appeal unless it is shown by pertinent facts that the appellant was prevented from presenting important factors or that the case has materially and substantially changed since the public hearing.

E.

Validity of variances, special exceptions, and appeals. Any variance, special exception, or appeal granted by the board of adjustment shall not be valid if construction authorized by the granting of such variance or appeal is not begun within a period of sixty (60) days thereafter.

(Ord. No. O-5B-86, § 1, 5-19-86; Ord. No. O-10B-19, § 2, 10-21-19)