The board of adjustment shall have the authority to grant variances from the requirements of this code in accordance with the procedures of this code.

The purpose of variances is to provide a mechanism for relief where, owing to special conditions, the literal enforcement of the regulations of this code will result in unnecessary hardship, provided that the granting of variances will not be contrary to the public interest and provided further that the spirit of this code will be preserved by variances granted under the terms and provisions hereof.

An owner or person either owning or having a contractual interest in the property to be affected by the variance, may seek a variance under the provisions of this code.

The board shall not grant a variance unless it shall, in each case, make specific written findings based directly upon the particular evidence presented to it which support written conclusions that:

1.

Such modifications of the height, yard, area, lot width, lot depth, off-street loading, screening wall, coverage and parking regulations are necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area or shape that it cannot be appropriately developed without modification;

2.

The granting of the variance will not be materially detrimental or injurious to other property or improvements in the area in which the subject property is located, not impair an adequate supply of light or air to adjacent property, not substantially increase traffic in the public streets, not increase the danger of fire, nor endanger the public health, safety and well-being, or substantially diminish or impair property values within the area; and

3.

The variance desired is not contrary to the general spirit and intent of this code.

An application to appear before the board of adjustment shall be filed with the secretary of the board according to the rules of procedure adopted from time to time by the board of adjustment. All applications shall be accompanied by such application fees as shall be established by the city council.

(Ord. No. 295, § 1, 2-11-1988)

Variances from the provisions of this code shall not be contrary to the public interest but may be granted where, owing to special conditions, a literal enforcement of the provisions of this code will result in unnecessary hardship.

A.

The board shall hold a hearing on a requested variance, pursuant to the procedures set out in this code, as soon as practical after a complete application for a variance is filed.

B.

All decisions by the board relating to applications for variances shall be issued in writing, and each such written decision shall contain at least the following elements:

1.

The dates of public, publication, and potentially affected property owner notices (with the details of such notices to be retained in the official files of the board);

2.

A summary of the evidence presented at the hearing of the board, both in support of and in opposition to the granting of the variance applied for;

3.

The findings of the board in support of its decision, but based solely on the evidence presented, that:

a.

A literal enforcement of the provisions of the code would or would not result in unnecessary hardship; and

b.

The granting, or denial of the variance would or would not be contrary to the general spirit and intent of the code;

4.

A listing of the vote of each member and/or alternate member sitting on the board at the hearing to grant or deny the variance applied for; and

5.

The written decision of the board has been executed by the member or alternate member who presided at such hearing, and by the secretary of the board, or by such other person who served as the secretary of the board at such hearing.

C.

All voting by the board on variances under consideration shall be by a recorded roll call vote of the persons then sitting and voting at such hearing or meeting.

D.

During the course of a hearing, the board, by a majority vote, may grant one continuance to the proceeding for a period not to exceed 30 days, but to a then announced date, time, and place certain, for the reconvening of such hearing without additional publication or mailing of public notices, however, a public notice of such reconvened meeting shall be posted by the secretary of the board on the city's public bulletin board.

(Ord. No. 344, § 6, 4-11-1991)

The board may set forth conditions in the written order granting a variance. Such conditions may relate to screening, landscaping, location, and other conditions necessary to preserve the character of the area and protect property values in the vicinity of the variance.

The purpose of this division is to regulate and limit the continued existence of uses, lots and structures in business districts established prior to July 14, 1983. Many nonconformities will probably continue, but the provisions of this division are designed to curtail substantial investment in nonconformities and to bring about their eventual elimination, where appropriate, in order to preserve the integrity of the zoning districts.

A.

Authority to continue. Nonconforming uses of land and nonconforming uses of structures may continue in accordance with the provisions of this code.

B.

Ordinary repair and maintenance. Normal maintenance and repair of nonconforming uses may be performed.

C.

Extensions. Nonconforming uses shall not be extended. This prohibition shall be construed so as to prevent the:

1.

Enlargement of nonconforming uses by additions to the structure in which such nonconforming uses are located.

2.

Occupancy of additional land for a nonconforming use.

3.

A variance to paragraphs 1 and 2 of this subsection C may be granted by the board of adjustment if such board finds that the enlargement of such structure, including a new structure, and the occupancy of additional land on the existing site will result from major remodeling and/or renovation.

D.

Relocation. A structure housing a nonconforming use may not be moved unless the use shall thereafter conform to the limitations of the zoning district into which it is moved.

E.

Change in use. A nonconforming use shall not be changed to any other use unless such use conforms to the provisions of this code.

F.

Termination.

1.

Abandonment or discontinuance:

a.

Where a nonconforming use of land is discontinued or abandoned for three months, then such use may not be reestablished or resumed, and any subsequent use must conform to the provisions of this code.

b.

Where a nonconforming use of a structure is discontinued or abandoned for three months, then such use may not be reestablished or resumed, and any subsequent use must conform to the provisions of this code.

c.

Subparagraphs a and b of this paragraph 1 shall not apply if (1) such discontinuance of a nonconforming use is temporary and for the sole purpose of major remodeling and/or renovation, (2) such work is substantially commenced in not more than three months from the date of such temporary discontinuance of use, (3) the work proceeds in an orderly and continuous fashion to full completion, and (4) all remodeling/renovation work is completed within 15 months from the date of temporary discontinuance of use.

2.

Loss due to casualty. If the building official determines that the cost to restore, repair or renovate a nonconforming structure or a structure housing a nonconforming use that is damaged or destroyed due to casualty or other similar cause is more than 50 percent of the fair market value of the structure, then the structure may not be restored, repaired, or renovated. No permit other than a building permit shall be required for the restoration, repair, or renovation of a nonconforming structure which has been damaged by less than 50 percent of the fair market value of such structure. For properties developed as a multi-building development on a single property, the fair market value of all the structures on the property may be used if one of the primary buildings is the structure that was damaged or destroyed. However, no building permit shall be automatically issued for the restoration, repair, or renovation after the expiration of six months from the date of the damage. Beyond the six-month timeframe, the build must be to new standards or good cause for the delay must be shown. For purposes of this subsection, the amount of damaged or destroyed is determined by a good faith estimate of the cost to restore, repair, or renovate the structure, and the "fair market value" of the structure by the greater of the assessed value of the structure according to the most recent tax records prior to the casualty or a good faith appraisal of the value of the structure prior to the casualty using the most recent cost levels published by the ICC Building Valuation Data, or a similar agency's valuation data, with factors to modify the value for the Houston area.

G.

Applicability table.

(Ord. No. 330, §§ 5, 6, 11-9-1989; Ord. No. 829, § 2(App. A), 2-8-2024)

No nonconforming accessory building or structure shall continue after the principal structure or use shall have ceased or terminated unless such structure or use shall thereafter conform to the provisions of the zoning district in which it is located.

The board of adjustment shall have the authority to hear and decide appeals from any decision, determination or interpretation by any administrative official with respect to the provisions of this code, subject to the standards and procedures hereinafter set forth.

An application for an appeal may be initiated by any person aggrieved, or by any officer, department or board of the City of Hedwig Village, by any orders, decisions, determination or interpretation of any administrative official with respect to the provisions of this code. Said application for appeal shall be filed with the secretary of the board of adjustment according to rules of procedure adopted from time to time by the board and shall be accompanied by a fee as prescribed in such rules of procedure to defray actual administrative costs.

A notice of appeal in prescribed form must be filed with the secretary of the board of adjustment and with the office or department rendering the decision, determination or interpretation which is the subject of appeal, within a reasonable time as determined by the rules of the board, but not more than 15 days after such decision, determination or interpretation. Upon filing of such notice of appeal the building official or other City of Hedwig Village department shall promptly forward to the board any and all records concerning the subject matter of the appeal. Failure to file such appeal shall constitute a waiver of any rights under this code to appeal any interpretation or determination made by such administrative official.

The filing of a notice of appeal stays all proceedings in furtherance of the action that is appealed in accordance with V.T.C.A., Local Government Code § 211.010(c).

The board of adjustment shall hold a hearing on an appeal as soon as practical after a notice of appeal is filed. The failure of the board to act within a reasonable time shall not deprive it of jurisdiction of the matter. The board may reverse, affirm or modify the decision, determination or interpretation appealed from, and in so modifying such decision, determination or interpretation, the board shall be deemed to have all the powers of the officer from whom the appeal is taken, including the power to impose reasonable conditions to be complied with by the applicant.

OFFICIAL ZONING DISTRICT MAP

MAP INDEX

District A, 1

District A, 2

District A, 3

District A, 4

District A, 5

District A, 6

District A, 7

District A, 8