The Town of Hollywood Park Municipal Court shall have jurisdiction consistent with V.T.C.A., Government Code § 30.0005, to enforce any provisions of this chapter. Nothing in the Town of Hollywood Park Code of Ordinances shall prevent the town from utilizing the municipal court as a court of competent jurisdiction.

(Ord. No. 1007, § I, 9-18-2018)

There is hereby created a board of adjustment consisting of five members who are citizens of the town, and who are not members of the city council or the zoning commission, each to be appointed by the mayor and confirmed by the city council for a term of two years and be removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant for any cause, in the same manner as the original appointment was made. The mayor shall also appoint, and the city council shall confirm, not more than four alternate members of the board of adjustment who shall serve in the absence of one or more of the regular members when requested to do so by the mayor; all cases to be heard by the board of adjustment will always be heard by a minimum number of four members. These alternate members, when appointed, shall serve for the same period as the regular members, and any vacancy shall be filled in the same manner and shall be subject to removal as the regular members.

(Code 1985, § 31.701; Code 1989, § 19-46)

The board of adjustment shall adopt rules of procedure in accordance with the provisions of this chapter. Meetings of the board of adjustment shall be held at the call of the chairperson and at such times as the board of adjustment may determine. Such chairperson, or in his/her absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment shall be open to the public. The board of adjustment 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 city secretary and shall be a public record.

(Code 1985, § 31.702; Code 1989, § 19-47)

The board of adjustment shall have the power to:

(1)

Hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the administrative officer in the enforcement of this chapter;

(2)

Hear and decide special exceptions to the terms of this chapter upon which it is required to pass as provided in this chapter;

(3)

Authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done;

(4)

Bring about the discontinuance of a nonconforming use under a plan whereby the owner's actual investment in the use prior to the time that the use became nonconforming can be amortized within a definite time period.

(Code 1985, § 31.703; Code 1989, § 19-48; Ord. No. 698, 2-20-2001)

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department or board of the town affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of procedure of the board of adjustment, by filing with the administrative officer from whom the appeal is taken, a notice of appeal specifying the grounds thereof. He/she shall forthwith transmit to the board of adjustment all papers constituting the record upon which the action appealed from was taken.

(Code 1985, § 31.704; Code 1989, § 19-49; Ord. No. 488, 6-19-1990)

An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative officer from whom the appeal is taken certifies to the board of adjustment after notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his/her opinion, cause immediate 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 administrative officer from whom the appeal is taken and on due cause shown.

(Code 1985, § 31.705; Code 1989, § 19-50)

The board of adjustment shall fix a reasonable time for the hearing of appeals, 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 an agent or by an attorney.

(Code 1985, § 31.706; Code 1989, § 19-51)

In exercising the powers set forth in this division, the board of adjustment may, in conformity with the provisions of this chapter, 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 all the powers of the administrative officer from whom the appeal is taken.

(Code 1985, § 31.707; Code 1989, § 19-52)

(a)

All applications for special exceptions to the terms of this chapter and for variations from the terms of this chapter shall be in writing and shall specify the facts involved, the relief desired, and the grounds therefor.

(b)

Each such application shall be filed with the administrative officer who, after investigation, shall transmit such application together with his/her report to the board of adjustment within ten days after the filing of the application with the administrative officer. A fee, as specified on the schedule of fees on file in the office of the city secretary, must accompany all applications for said special exceptions and variances.

(Code 1985, § 31.708; Code 1989, § 19-53)

The board of adjustment shall fix a reasonable time for the hearing of all applications for special exceptions and variances, 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 an agent or by attorney.

(Code 1985, § 31.709; Code 1989, § 19-54)

The board of adjustment is hereby empowered to permit the following exceptions, provided its action is in harmony with the general purpose and intent of this chapter and does not injure the health, safety, morals, or the general welfare of the occupants of nearby properties:

(1)

Permit such modifications of the height, yard area, spacing and parking regulations as may be necessary to secure appropriate development of a parcel of land of such unusual topography or restricted area and shape that it cannot be appropriately developed without such modification.

(2)

Permit such modification of the parking regulations as may be warranted by the unusual character of a proposed use.

(3)

Permit the use of a lot in a residential district, which lot is adjacent to a commercial or industrial district, even if separated therefrom by an alley or by a street, for the parking of passenger cars under such safeguards and conditions as may be desirable to protect the more restricted adjacent and nearby properties, provided no other business use is made of the lot.

(4)

Grant a permit for the extension of a use into an adjoining area, where such extension would constitute a nonconforming use and where the lot upon which the existing use is situated extended into the adjoining area and is in single ownership at the time this chapter was adopted.

(5)

Permit the reconstruction of a building occupied by a nonconforming use provided such reconstruction does not prevent the return of such property to a conforming use.

(6)

Determine in cases of uncertainty the classification as to lots of a use not specifically named in this chapter; provided, however, that such use shall be in keeping with uses specifically named in the area regulations.

(Code 1985, § 31.710; Code 1989, § 19-55)

The board of adjustment is hereby authorized upon appeal from the decision of the administrative officer to grant in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done.

(Code 1985, § 31.711; Code 1989, § 19-56)

Any special exception or variance authorized by the board of adjustment shall constitute authority to authorize the issuance of a zoning permit or a certificate of occupancy, as the case may be, if applied for within 120 days from the date of favorable action on the part of the board of adjustment, unless such board of adjustment authorizes a longer period. If the zoning permit or certificate of occupancy shall not have been applied for within such 120 days, or such extended period as the board of adjustment may have authorized, then the grant of the special exception or variance shall terminate. Such termination shall be without prejudice to a subsequent application to the board of adjustment in accordance with the rules and regulations regarding applications. No application to the board of adjustment shall be allowed on the same piece of property prior to the expiration of six months from a ruling of the board of adjustment on any application to such body unless other property in the same block or within 500 feet thereof, within such six-month period, has been altered or changed by a ruling of the board of adjustment, in which case such change of circumstances shall permit the allowance of such an application but shall in nowise have any force in law to compel the board of adjustment, after a hearing, to grant such subsequent application, but such application shall be considered on its merits as in all other cases.

(Code 1985, § 31.712; Code 1989, § 19-57)

The concurring vote of four members of the board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of the administrative officer or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation in this chapter.

(Code 1985, § 31.713; Code 1989, § 19-58)

The notice of public hearings provided for in this section shall be posted on the official bulletin board located at town hall, stating the time and place of such hearing, which and in addition thereto, the board of adjustment shall mail notices of such hearing to the petitioner and to all owners of property lying within 200 feet of any point of the lot or portion thereof, on which a special exception or variance is desired, and to all other persons deemed by the board of adjustment to be affected thereby; such owners and persons shall be determined according to the last approved tax roll of the town. Such notice may be served by depositing the same, properly addressed and postage paid, in any county post office.

(Code 1985, § 31.714; Code 1989, § 19-59)

Any person, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board or bureau of the town, may present to a court of record a petition for a writ of certiorari, as provided by V.T.C.A., Local Government Code § 211.011, duly 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 days after the filing of the decision in the office of the city secretary.

(Code 1985, § 31.715; Code 1989, § 19-60)

The city council shall appoint a zoning commission as prescribed by V.T.C.A., Local Government Code § 211.007.

(Code 1985, § 31.801; Code 1989, § 19-76)

The mayor shall appoint, confirmed by the city council, five members who are citizens of the town and who are not members of the city council or the board of adjustment. Each member shall be appointed for a term of two years and may be removed for cause by the appointing authority upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant for any cause, in the same manner as the original appointment was made. The mayor shall also appoint and the city council shall confirm not more than four alternate members of the zoning commission who shall serve in the absence of one or more of the regular members when requested to do so by the mayor. All cases to be heard by the zoning commission will always be heard by a minimum number of three members. These alternate members, when appointed, shall serve for the same period as the regular members, and any vacancy shall be filled in the same manner and shall be subject to removal as the regular members.

(Code 1985, § 31.802; Code 1989, § 19-77)

The zoning commission shall have those powers, and exercise those duties, set out in V.T.C.A., Local Government Code § 211.007.

(Code 1985, § 31.803; Code 1989, § 19-78)

(a)

All petitions, applications, recommendations or proposals for changes in the zoning district classification of property shall be filed with the zoning commission.

(b)

All petitions, applications, recommendations or proposals requesting a public hearing before the zoning commission shall include a fee in the amount as specified on the schedule of fees on file in the office of the city secretary.

(Code 1985, § 31.804; Code 1989, § 19-79; Ord. No. 352, § 1(31.804), 3-18-1986)

(a)

All applications requesting zoning changes shall be filed with the zoning commission.

(b)

No application for the rezoning of any property situated within the town shall be received, filed with the zoning commission, or considered unless the person making such application has permission, in writing, signed by the owner or owners of record of the property proposed to be considered for rezoning, for the filing of such an application. Such written permission shall accompany any such application for rezoning.

(c)

No application for the zoning of any lot or block or tract of land situated in the town shall be received or filed with the zoning commission and no hearing shall be had thereon, if, within six months prior to the date of any such application, another application was received or filed and withdrawn before a full, fair, complete and final hearing was had thereon, or if within six months prior thereto a full, fair, complete and final hearing was had on the rezoning of such lot, lots, block or tract of land before the zoning commission. Provided, however, if new, relevant and substantial evidence, which could not have been secured at the time set for the original hearing, shall be produced by the applicant, under a sworn affidavit to that effect, then in that event, the zoning commission shall have the right to hear and consider such application.

(d)

No application for the rezoning of any lot, block or tract of land situated in the town shall be received or filed with the zoning commission and no hearing shall be had thereon, if within one year prior thereto the city council, after consideration and hearing, has denied an application for rezoning of the same property.

(e)

The zoning commission shall make a preliminary report on all proposed changes and hold public hearing thereon before submitting its final report to the city council.

(f)

The town shall provide notice of all public hearings on proposed changes in zoning classification to the owners of real property lying within 200 feet of the property for which the change in classification is proposed. Such notice shall be served by depositing the notice, properly addressed and postage paid, in a United States Post Office not less than ten days prior to the scheduled date of the public hearing to all owners who have rendered their property for town taxes on the last approved town tax roll. Notice of such hearings shall also be posted on the official bulletin board located at town hall, stating the time, place and purpose of such hearing.

(g)

Should an applicant request that a zoning hearing be postponed after notice thereof has been given, the hearing will not be rescheduled until the applicant pays the postponement request fee as specified on the schedule of fees on file in the office of the city secretary.

(h)

After the final report is submitted by the zoning commission as provided in subsection (e) of this section, the city council shall act upon said report after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. The city council shall act upon said report no later than the second regularly scheduled city council meeting following the date of action by the zoning commission.

(i)

There shall be at least 15 days' notice of the public hearing before the city council, giving notice of the time and place of such hearing, published in the official newspaper of the town; notice of the time, date, place and subject of the public hearing shall also be posted on the official bulletin board at the town hall.

(j)

If the zoning commission has disapproved a change in zoning or if there is a protest against any change in the reclassification of the zoning district of any property signed by the owners of 20 percent or more either of the area of the lots included in such proposed change, or of the lots or land immediately adjoining the same and extending 200 feet therefrom, such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the city council. Any property owner who wishes the matter to be submitted to the city council for its decision, where the zoning commission has disapproved the requested change in zoning, shall make such demand in writing to the city council within ten days of said disapproval by the zoning commission. Such matter shall be considered by the council no later than the second regularly scheduled city council meeting following the date of the action by the zoning commission.

(k)

All applications for rezoning which have been considered by the zoning commission shall be presented by the applicant to the city council no later than the second regularly scheduled city council meeting from the date of its consideration by the zoning commission. In the event that the applicant fails to present the application for rezoning to the city council within the prescribed period, the application shall be treated as an original application for rezoning and shall be resubmitted to the zoning commission for consideration, and all fees required by this chapter shall be paid by the applicant.

(Code 1989, § 19-80; Ord. No. 352, § 2(31.805), 3-18-1986)