Friendswood City Zoning Code

A.

The board of adjustment shall have the following powers and duties:

1.

Appeals. 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 appendix.

2.

Variance. 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.

(a)

Exceptions. Under no circumstances shall the board of adjustment grant a variance to allow a use not permissible under the terms of a zoning ordinance in the district involved, or any use, expressly or impliedly, prohibited by the terms of this appendix in said district.

3.

Special exceptions. To hear and decide special exceptions to the terms of a zoning ordinance when this appendix requires the board to do so.

4.

To hear and decide other matters authorized by a zoning ordinance.

5.

In exercising its authority, the board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose, the board has the same authority as the administrative official.

B.

Application. Appeals to the board of adjustment concerning interpretation or administration of this appendix may be taken by any person aggrieved by the decision or any officer, department, board, or bureau of the city affected by the decision of the administrative official. Such appeals shall be filed not later than the 20th day after the date the decision is made, by filing with the official from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. On receiving the notice, the official from whom the appeal is taken shall immediately transmit to the board all the papers constituting the record of the action that is appealed. A member of the governing body of the municipality who serves on the board of adjustment may not bring an appeal under this section.

C.

Notification. Any request for an appeal, variance or special exception shall require a public hearing before the board. A written notice of the hearing shall be sent to owners of property situated within 200 feet of the exterior boundary of the property with respect to which such appeal, variance or exception is requested ten days prior to public hearing. It shall be sufficient that such written notice is addressed to the owner appearing on the most current tax roll of the city and addressed to such owner at the address stated on said roll. If no owner is stated on the tax roll, or no address appears thereon, the written notice to such property owner shall not be required.

The city council and commission shall be informed of any hearing for an appeal, variance or special exception of the zoning or sign ordinance.

D.

Fee. A processing fee as described in section 14 shall be paid to the city in advance of the hearing. In the event the application is withdrawn prior to the mailing of the required written notification or publication in the official newspaper, the fee shall be refunded.

E.

Hearings. The board shall set a reasonable time for the appeal hearing. A party may appear at the hearing in person or by agent or by 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 60th day after the date the appeal is filed.

F.

Stay of proceedings. An appeal stays all proceedings in furtherance of the action that is appealed, unless the official from whom the appeal is taken certifies in writing to the board facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the board of adjustment or by a court of record on application, after notice to the official if due cause is shown.

G.

Reapplication. No application for a variance, special exception, or appeal, which has been denied, shall be again filed earlier than one year from date of original denial, unless there has been a material change. For the purposes of this section, material change shall mean a substantial change in conditions or circumstances as it relates to the property in question.