(a)

[Authority to grant exemptions.] The board is hereby vested with power and authority, in appropriate cases and subject to appropriate conditions and safeguards, to make such exemptions to the terms of this ordinance in harmony with its general purpose and intent and in accordance with general or special rules therein contained for the purpose of rendering full justice and equity to the general public.

(b)

Membership. There is hereby created a board of adjustment consisting of five (5) members and four (4) alternate members, each to be appointed by the mayor subject to approval by a majority of the city council, for a term of two (2) years and removable for cause by the appointing authority. Vacancies shall be filed by the appointment of an alternate to serve out the unexpired term of any member whose place on the board has become vacant for any cause.

(c)

Meetings. At the first meeting of each calendar year, the board shall select a chairman of the board by majority vote of board members present. The selected chairman shall serve until the first meeting of the board of the following calendar year. The board shall also adopt rules to govern its proceedings; provided, however, that such rules are not inconsistent with this ordinance. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings 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 immediately filed in the office of the board and shall be a public record.

(d)

Appeals.

(1)

Appeals to the board of adjustment can be taken by any person aggrieved or by any officer, board or department of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within fifteen (15) days' time 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, 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.

(2)

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.

(3)

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

(e)

[Powers.] The board of adjustment shall have the following powers:

(1)

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 ordinance or of any ordinance adopted pursuant thereto.

(2)

To hear and decide special exceptions to the terms of the ordinance upon which the board is required to pass under this ordinance.

(3)

To authorize upon appeal in special cases such variances from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of this ordinance shall be observed and substantial justice done.

(4)

In exercising its powers, the board may, in conformity with the provisions of articles 1011-A and including 1011-J of the 1925 Civil Statutes of Texas, as amended, revise or reform, wholly or partially, or may modify the order, requirement, decision, or determination appealed from and make such order, requirement, decision, or determination as ought to be made, and shall have all the powers of the office from whom the appeal is taken.

(5)

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 on any matter upon which it is required to pass under this ordinance or to affect any variance in said ordinance.

(6)

Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment or any taxpayer or any officer, department, or board of the municipality may present to a court of record a petition, duly certified, setting forth that such decision is illegal, in whole or part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after filing of the decision in the office of the board and not thereafter.

(Ord. No. 1321, § 1, 2-12-08)

(a)

By the passage of this ordinance, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use. No offense committed, and no liability, penalty, or forfeiture, either civil or criminal, incurred prior to the time the existing zoning ordinance was repealed and this zoning ordinance adopted, shall be discharged or affected by such repeal; but prosecution and suits for such offenses, liabilities, penalties, or forfeitures may be instituted or causes presently pending proceeded within all respects as if such prior ordinance had not been repealed.

(b)

Any person or corporation violating any of the provisions of this ordinance or failure to comply therewith or with any of the requirements thereof or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder, shall be guilty of a misdemeanor and shall be liable to a fine of not more than one thousand dollars ($1,000.00) and each day such violation shall be permitted to exist shall constitute a separate offense.

(c)

The owner(s) of any building or premises or part thereof where anything in violation of this chapter shall be placed or shall exist, any architect, builder, contractor, individual persons or corporation employed in connection therewith and who may have assisted in the commission of any such violation shall be deemed guilty of a separate offense and upon conviction shall be fined as herein provided.

(d)

If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part to be invalid or unconstitutional.

(a)

[Application for amendment; review; public hearing.] Any person or corporation having a proprietary interest in any property may petition the city council for a change or amendment to the provisions of this ordinance, or the city planning and zoning commission may on its own motion or on request from the city council institute study and proposal for changes and amendments in the public interest.

(1)

The city council may from time to time amend, supplement, or change by ordinance the districts or the regulations herein established as provided by the statutes of the State of Texas.

(2)

Before taking action on any proposed amendment, supplement, or change the governing body shall submit the same to the city planning and zoning commission for its recommendation and report.

(3)

The city planning and zoning commission shall hold a public hearing on any application for any amendment or change prior to making its recommendation and report to the city council. Written notice of all public hearings before the city planning and zoning commission on a proposed amendment or change shall be sent to all owners of real property lying within two hundred (200) feet of the property on which the change is requested. Such notice shall be given not less than ten (10) days before the date set for hearing by posting such notice properly addressed and postage-paid to each taxpayer as the ownership appears on the last approved city tax roll.

(4)

A public hearing shall be held by the city council before adopting any proposed amendment, supplement, or change. Notice of such hearing shall be given by publication in the official publication of the City of Jacksonville stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the date of publication.

(b)

City council consideration.

(1)

Proposal recommended for approval. Every proposal which is recommended favorably by the city planning and zoning commission shall be forwarded to the council for setting and holding of public hearing thereon. No change, however, shall become effective until after the adoption of an ordinance for same and its publication as required by law.

(2)

Proposal recommended for denial. When the city planning and zoning commission determines that a proposal should be denied, it shall so report and recommend to the council and notify the applicant.

The city planning and zoning commission and/or city council may deny any request with prejudice. If a request has been denied with prejudice, the request may not be resubmitted to the city council for one (1) year from the original date of denial.

(3)

Three-fourths vote. A favorable vote of three-fourths of all members of the city council shall be required to approve any change in zoning when written objections are received which comply with the provision of the state laws commonly referred to as the "twenty per cent rule." If a protest against such proposed amendment, supplement, or change has been filed with the city secretary, duly signed and acknowledged by the owners of twenty (20) per cent or more either of the area of the lots included in such a proposed change, or those immediately adjacent to the area thereof extending two hundred (200) feet therefrom, [or] of those directly opposite thereto extending two hundred (200) feet from the street frontage of such opposite lots, such amendments shall not become effective except by a three-fourths vote of the city council.

Cross reference— Building permit to be withheld when zoning change pending, § 4-20 et seq.

Nothing herein contained shall require any change in the plans, construction or designated use of a building actually under construction at the time of the passage of this ordinance. Nothing herein contained shall require any change in plan, construction or designated use of a building for which a building permit has been heretofore issued and which entire building shall be complete within six (6) months from the date of the passage of this ordinance. If any amendment to this ordinance is hereafter adopted changing the boundaries of districts, the provisions of this ordinance with regard to buildings, or premises existing or buildings under construction or building permits issued at the time of the passage of this ordinance shall apply to buildings or premises existing or building under construction or building permits issued in the area affected by such amendment at the time of the passage of such amendment.

Should any section, paragraph, subdivision, clause, or provision of this ordinance be declared invalid or unconstitutional, that decision shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part declared to be invalid or unconstitutional.

All ordinances and parts of ordinances inconsistent or in conflict with this ordinance are hereby repealed.

This ordinance shall become effective from and after the date of its approval as provided by law.