Irving City Zoning Code
CHAPTER UDC
6 Administration
6.5 Planning and zoning commission.
6.5.1
There is hereby created and established a planning and zoning commission for the City of Irving consisting of nine (9) members each to be appointed by a majority of the city council.
6.5.2
Each member of the planning and zoning commission shall be appointed by the city council and occupy a place on the planning and zoning commission, such places being numbered 1, 2, 3, 4, 5, 6, 7, 8 and 9 respectively.
6.5.3
Each member of the planning and zoning commission shall be a resident citizen of the City of Irving at the time of his appointment. A member of the planning and zoning commission ceasing to reside in the city during his term of office shall immediately forfeit his office.
6.5.4
Each member of the planning and zoning commission shall be appointed for and serve for a term of two (2) years. The terms of office of place 1, 2, 3 and 4 shall expire on the date of the first city council meeting in November of even years, and the terms of office of place 5, 6 and 7, 8, and 9 shall expire on the date of the first city council meeting in November of odd years, Upon the expiration of the terms of office as herein provided each member of the planning and zoning commission shall be appointed and serve for a term of two (2) years, and until their successors are appointed and qualified.
6.5.5
Any member of the planning and zoning commission may be removed from office for any cause deemed by the city council to be sufficient for removal of said member. If a vacancy should exist in the planning and zoning commission membership due to removal from office, resignation, death, refusal or inability to serve, the city council shall appoint a new member to fill the vacancy for the unexpired term.
6.5.6
The planning and zoning commission of the City of Irving shall have the following powers:
a)
To recommend the boundaries of the various districts and appropriate regulations to be enforced therein under this ordinance, the Charter of the City of Irving or the laws of the State of Texas to the city council of the City of Irving, and to recommend approval or denial of zoning changes and regulations under this ordinance, the Charter of the City of Irving, or the laws of the State of Texas.
b)
To hear, recommend, or determine any matter relating to zoning, planning or subdivision control as may be specified or required under this ordinance, the Charter of the City of Irving, or the laws of the State of Texas.
c)
To exercise such duties and powers as may be now or hereafter conferred by this ordinance, the Charter of the City of Irving, or applicable laws of the State of Texas.
d)
When acting and exercising powers under this ordinance, the planning and zoning commission may be referred to as the "zoning commission." When approving subdivision plats as required by other ordinances of the City of Irving, the Charter of the City of Irving, or applicable state law, the planning and zoning commission may be referred to as the "planning commission."
6.5.7
The planning and zoning commission shall select one (1) of its members to be the chairman, an acting chairman to act in the absence of the chairman, and a secretary.
6.5.8
All meetings of the planning and zoning commission shall be in accordance with the Texas Open Meetings Act or its successor statute, as amended. The board 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 filed in the office of the board and shall be a public record. The city planner or director of the department of planning of the City of Irving shall be the custodian and possessor of the records and minutes of the planning and zoning commission.
6.5.9
A majority of the planning and zoning commission shall constitute a quorum to do business, and the affirmative vote of a majority of those attending any meeting at which there is a quorum present shall be necessary to pass any motion, recommendation or resolution of the planning and zoning commission.
6.5.10
The city council of the City of Irving may hold any public hearing under this ordinance or applicable state law required to be held by the city council jointly with any public hearing required to be held by the zoning commission, but the city council shall not take any action until it has received the final report of the zoning commission.
6.5.11
Meetings of the planning and zoning commission may be held as often as necessary to conduct the business coming before the board at the call of the chairman and at such other times as the board may determine.
6.6 Board of adjustment.
6.6.1
There is hereby created a board of adjustment which shall consist of five (5) regular members, each to be appointed by a majority of the city council for a term of two (2) years.
6.6.2
In addition to the five (5) regular members of the board of adjustment, three (3) alternate members of the board of adjustment, who shall serve in the absence of one (1) or more regular members when requested to do so by the mayor or city manager, shall be appointed by a majority of the city council, so that all cases heard by the board of adjustment will always be heard by a minimum of four (4) members.
6.6.3
Regular members and alternate members of the board of adjustment shall serve for a term of two (2) years and until their successors are appointed and qualified. Regular and alternate members of the board of adjustment may be removed from office for cause by the city council upon written charges and after a public hearing.
6.6.4
The board of adjustment shall select from among its regular members a chairman, an acting chairman to act in the absence of the chairman, and a secretary.
6.6.5
The board of adjustment may adopt rules to govern its proceedings and conduct of the business before the board. Any rule or rules shall be adopted by a resolution by the board entered upon the minutes of the board and a copy thereof shall be filed with the city secretary of the City of Irving.
6.6.6
Meetings of this board 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, shall administer oaths and compel attendance of witnesses. All meetings of the board shall be open to the public. The board 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 filed in the office of the board and shall be a public record.
6.6.7
Appeals to the board of adjustment may be taken by any person aggrieved, or by any officer, department, board or bureau of the City of Irving, affected by any decision of the building inspector or other administrative officer of the City of Irving. Such appeal must be filed not later than the 20th day after the date of the decision of the building inspector or other administrative officer has been rendered, by filing with the officer from whom the appeal is taken with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall immediately transmit to the board all the paper constituting the record from which the appeal was taken.
a)
A filing fee in accordance with the most recent schedule of fees adopted by the city council to help pay a part of the cost of legal publications, accumulating engineering data, and other administrative costs shall accompany each notice of appeal filed with the board of adjustments.
b)
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the office 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 of notice to the officer from whom the appeal is taken and on due cause shown.
c)
The board of adjustment shall fix a reasonable time for the hearing of an appeal, give notice thereof, as well as due notice to the parties in interest. 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. Upon the hearing any party may appear in person, by agent or by attorney.
6.6.8
The board of adjustment shall have the following powers:
a)
To hear and decide appeals where it is alleged there is error in any order, requirements, decision, or determination made by an administrative official of the city in the enforcement of this ordinance, or in the enforcement of any applicable state law.
b)
To hear and decide special exceptions to the terms of this ordinance upon which the board is required to pass under this ordinance.
c)
To authorize upon appeal in special cases, such variances from the terms of this ordinance as will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provisions of this ordinance will result in unnecessary hardship, so that the spirit of this ordinance shall be observed and substantial justice done.
d)
To permit in any district such modification of the requirements of the district regulations as the board may deem necessary to secure an appropriate development of a lot where adjoining such lot on two (2) or more sides there are lots occupied by buildings which do not conform to the regulations of the district.
e)
To authorize upon appeal in appropriate cases and subject to appropriate conditions and safeguards special exceptions to the terms of this ordinance in harmony with its general purpose and intent.
6.6.9
In exercising its powers, the board of adjustment may, in conformity with the provisions of this ordinance and the provisions of Chapter 211 of the Texas Local Government Code, as amended or as hereafter amended, 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 should be made, and to that end shall have all the powers of the officer from whom the appeal is taken.
a)
The concurring vote of four (4) members of the board shall be necessary to revise any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant or any matter upon which it is required to pass under the ordinance, or to effect any variation in the ordinance.
b)
Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board or bureau of the City of Irving, may present to a court of record a petition, 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 (10) days after the filing of the decision in the office of the board of adjustment.
6.6.10
No appeal to the board of adjustment shall be allowed on the same piece of property or on the same or similar question prior to the expiration of one (1) year from the date of a ruling of the board of adjustment on any appeal to such body unless other property in the same zoning area shall have, within such one-year period, been altered or changed by a ruling of the board of adjustment, in which case such change of circumstances shall permit the allowance of an appeal.