Harlingen City Zoning Code
ARTICLE XVI
ZONING BOARD OF ADJUSTMENT
§ 111-442 Organization.
(a)
Purpose.
The zoning board of adjustments is a quasi-judicial sovereign board empowered by Chapter 211 of the Texas Local Government Code to grant relief from literal enforcement of the City of Harlingen zoning ordinances in certain situations as set out by this chapter and to hear appeals on administrative officials' decisions regarding city ordinances.
(b)
Board composition; terms.
The board of adjustments shall consist of five regular board members, and five alternate board members to serve in the absence of one or more regular members when requested to do so by the mayor, the city manager, or their assigns.
(1)
Each appointee to the board shall be at least 18 years of age and must be a resident of the city. All appointees must be of good moral character and demonstrate an interest in the general welfare of the city.
(2)
The mayor and each commissioner shall appoint one regular member and one alternate member to the new board. All appointments will be for a term of three years. Each appointee shall continue to serve until a successor is appointed. The number of terms a member may serve shall not be limited. The appointees shall be selected on a rotating basis among the mayor and commissioners in accordance with an administrative schedule kept by the city secretary.
(3)
In the event a member of the board vacates office during their term, the mayor or commissioner who appointed the vacating board member shall appoint a replacement who shall serve the remaining term of the vacating board member.
(4)
The board annually shall elect from its regular membership a chairperson who shall preside at the meetings and vote as a regular member. The board also annually shall elect a vice-chairperson who shall preside in the absence of the chairperson.
(5)
A quorum consists of four regular or alternate members.
(6)
A regular board member shall forfeit their office if such appointee fails to attend three consecutive meetings. Members are removable for cause by majority of the city commission upon written charges and after public hearing.
(c)
Rules and regulations.
The board shall by majority vote adopt rules to govern its proceedings; provided, however, that such rules are not inconsistent with this chapter or statutes of the State of Texas.
(1)
Meetings of the board shall be held at the call of the chairperson, by city staff, or at such other times as the board may determine. The chairperson, or in their absence the vice-chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public.
(2)
The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicate 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 and shall be a public record.
(3)
Each case before board of adjustments must be heard by 75 percent of the members; the concurring vote of 75 percent of the members of the entire board is necessary to pass any measure or take any action as described further in this article.
(Code 1997, § 159.150; Ordinance 74-36, adopted 11/20/1974; Ordinance of 10/20/1993; Ordinance 97-4, adopted 1/15/1997; Ordinance 97-35, adopted 7/2/1997; Ordinance 2018-37, § I(Exh. A), adopted 10/3/2018)
§ 111-443 Authority of board.
(a)
The zoning board of adjustments may:
(1)
Hear and decide the following special exceptions to the terms of a zoning ordinance:
a.
The reconstruction, extension, or enlargement of a building occupied by nonconforming use on the lot or tract occupied by such building, provided such reconstruction does not prevent the return of such property to a conforming use.
b.
Modifications to the height, yard, area, coverage and parking regulations as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area, shape, or slope that it cannot be appropriately developed without such modifications.
c.
The discontinuance of nonconforming uses of land or structures under any plan whereby the full value of the structures and facilities 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 chapter. All actions to discontinue a nonconforming use of land or structure shall be taken with due regard for the property rights of the persons affected when considered in a light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of property. The board shall from time to time on its own motion or upon cause presented by interested property owners inquire into the existence, continuation or maintenance of any nonconforming use within the city.
(2)
Authorize in specific cases a variance from the terms of a 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 done.
a.
No variance requests will be accepted or approved for height exceptions within the airport overlay zones as established in section 111-532(b)(2) and (b)(3). These zones are based on the elevation contour map in the vicinity of the Valley International Airport as established in section 111-532(c).
(3)
Hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter or an ordinance adopted under this chapter.
a.
Such appeal shall be taken within a reasonable time as determined by the rules of the board of adjustment after the decision has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the board of adjustment, a notice of appeal specifying the grounds thereof. 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.
b.
Appeal proceedings. An appeal shall stay all proceedings of the action appealed from unless the officer from whom the appeal is taken 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 restraining order which may be granted by the board of adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.
c.
Public notice of appeal. The board of adjustment shall fix a reasonable time for the hearing of an appeal, and give public notice of the hearing and due notice to the parties in interest. A party may appear at the hearing in person or by agent or by attorney.
(Code 1997, § 159.151; Ordinance 74-36, adopted 11/20/1974; Ordinance of 10/20/1993; Ordinance 97-35, adopted 7/2/1997; Ordinance 01-35, adopted 4/18/2001; Ordinance 01-74, adopted 9/5/2001; Ordinance 03-31, adopted 5/21/2003; Ordinance 2018-37, § I(Exh. A), adopted 10/3/2018)
§ 111-444 Appeal of decisions by the zoning board of adjustment.
(a)
Any of the following persons may present to a district court, county court, or county court at law a verified petition stating that the decision of the board of adjustment is illegal in whole or in part and specifying the grounds of the illegality:
(1)
A person aggrieved by a decision of the board;
(2)
A taxpayer; or
(3)
An officer, department, board, or bureau of the municipality.
(b)
The petition must be presented within ten days after the date the decision is filed in the board's office.
(c)
On the presentation of the petition, the court may grant a writ of certiorari directed to the board to review the board's decision. The writ must indicate the time by which the board's return must be made and served on the petitioner's attorney, which must be after ten days and may be extended by the court. Granting of the writ does not stay the proceedings on the decision under appeal, but on application and after notice to the board, the court may grant a restraining order if due cause is shown.
(d)
The board's return must be verified and must concisely state any pertinent and material facts that show the grounds of the decision under appeal. The board is not required to return the original documents on which the board acted but may return certified or sworn copies of the documents or parts of the documents as required by the writ.
(Code 1997, § 159.152; Ordinance 74-36, adopted 11/20/1974; Ordinance of 10/20/1993; Ordinance 97-35, adopted 7/2/1997; Ordinance 2018-37, § I(Exh. A), adopted 10/3/2018)
