There is created a board known as the zoning board of adjustment (ZBA) of the city.

(Code 2014, § 46-950; Ord. No. 629, § 01.32.001, 12-1-2006)

The zoning board of adjustment shall consist of five regular members and two alternate members who shall be appointed by the city council in accordance with V.T.C.A., Local Government Code §§ 211.008—211.011, as amended, to serve for two-year staggered terms or until their successors are duly appointed.

(Code 2014, § 46-951; Ord. No. 629, § 01.32.002, 12-1-2006)

The city council shall appoint members to the zoning board of adjustment as specified by the city council's adopted policy on the board and commission appointments.

(Code 2014, § 46-952; Ord. No. 629, § 01.32.003, 12-1-2006)

The zoning board of adjustment shall have the authority, subject to the standards established in V.T.C.A., Local Government Code §§ 211.001—211.011, and those established herein, to exercise the following powers and perform the following duties:

      (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 article;

      (2)   To permit the reconstruction, extension, or enlargement of a building occupied by a nonconforming use or building, on the lot or tract occupied by such a building, in accordance with the standards in article XXX of this chapter, provided such activity does not prevent the return of such property to a conforming use; and

      (3)   To authorize in specific cases a variance from the requirements of this article, subject to the limitations set forth in this article, if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of this article would result in unnecessary hardship, and so that the spirit of this article is observed and substantial justice is done.

(Code 2014, § 46-953; Ord. No. 629, § 01.32.004, 12-1-2006)

   (a)   The zoning board of adjustment may not grant a variance authorizing a use other than those permitted in the district for which the variance is sought.

   (b)   The zoning board of adjustment shall have no power to grant or modify conditional use permits authorized under article XXIII of this chapter.

   (c)   The zoning board of adjustment shall have no power to grant a zoning amendment. In the event that a request for a zoning amendment is pending before the planning and zoning commission or the city council, the zoning board of adjustment shall neither hear nor grant any variances with respect to the subject property until final disposition of the zoning amendment.

   (d)   The zoning board of adjustment shall not grant a request for any variance to any parcel of property or portion thereof upon which a site plan, preliminary plat, or final plat, where required, has not been finally acted upon by both the planning and zoning commission and, where required, by the city council.

(Code 2014, § 46-954; Ord. No. 629, § 01.32.005, 12-1-2006)

   (a)   The zoning board of adjustment may grant a variance from a requirement of this article, if it makes written findings that:

      (1)   The requirement does not allow for a reasonable use of the property;

      (2)   The hardship for which the variance is requested is owing to a special condition inherent in the property itself, such as restricted area, shape, topography or physical features;

      (3)   The special condition is unique to this property and is not generally characteristic of other parcels of land in the area; and

      (4)   Development under the variance does not:

         a.   Alter the character of the area adjacent to the property;

         b.   Impair the use of adjacent property that is developed in compliance with the city requirements; or

         c.   Impair the purposes of the regulations of the zoning district in which the property is located.

   (b)   A variance may not be granted to relieve a self-created or personal hardship, nor for financial reasons only, nor may a variance be granted to permit any person a privilege in developing a parcel of land not permitted by this article to other parcels of land in districts with the same zoning classification.

   (c)   The applicant bears the burden of proof in establishing the facts justifying a variance.

(Code 2014, § 46-955; Ord. No. 629, § 01.32.006, 12-1-2006)

   (a)   Application and fee. An application for action, by the zoning board of adjustment, other than an appeal, shall be in writing using forms provided by the city and shall be accompanied by a fee established by the city to cover administrative processing costs.

   (b)   Notice and hearing. The zoning board of adjustment shall hold a public hearing on each application for action or appeal. This public hearing shall be held no later than the second scheduled meeting after the application is filed in accordance with the rules adopted by the zoning board of adjustment and the provisions of this article. Notice of a public hearing shall be provided to all property owners within 200 feet of the affected property ten days prior to the public hearing.

   (c)   Appeals.

      (1)   An appeal may be taken from the decision of an administrative city official by an applicant for the permit on which the decision is rendered, by any persons aggrieved by the decision or by any officer, department, board or bureau of the municipality affected by the decision.

      (2)   The appellant must file with the zoning board of adjustment and the official from whom the appeal is taken a written notice of appeal specifying the grounds for the appeal within 15 days after the decision has been rendered as determined by the rules of the zoning board of adjustment. The officer from whom the appeal is taken shall forthwith transmit to the zoning board of adjustment all papers constituting the record of the action that is appealed.

      (3)   An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the zoning board of adjustment facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the zoning board of adjustment or a court of record on application, after notice to the official, if due cause is shown.

      (4)   The appellant party may appear at the appeal hearing in person or by agent or attorney.

      (5)   The zoning board of adjustment shall decide the appeal within a reasonable time. The zoning board of adjustment may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision or determination from which an appeal is taken, and make the correct order, requirement, decision, or determination and for such purpose the zoning board of adjustment has the same authority as the official.

   (d)   Vote required for board decisions. The concurring vote of four members of the zoning board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of an administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under these zoning regulations, or to effect any variance to the zoning regulations granted by the zoning board of adjustment.

   (e)   Judicial review. Any persons, jointly or severally, aggrieved by a decision of the zoning board of adjustment, or any taxpayer, or any officer, department, board, or bureau of the city may present to a district court, county court, or county court at law a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition must be presented within ten days after the date the decision is filed in the zoning board of adjustment's office.

(Code 2014, § 46-956; Ord. No. 629, § 01.32.007, 12-1-2006)