1.

A board of adjustment is hereby created in accordance with the provisions of V.T.C.A., Local Government Code §§ 211.008—211.012. It shall consist of five regular members who shall be appointed by the city council of the City of Mission for a term of three years, and removable for cause by the city council upon written charges and after public hearing. All cases to be heard by the board of adjustment will be heard by a minimum number of three members. Vacancies shall be filled for the unexpired term of any member by appointment of the city council.

2.

A quorum shall consist of four members of the board of adjustment.

3.

The city manager or his designee shall be an ex officio member of the zoning board of adjustment without power of vote and as an ex officio member of such board shall act as secretary of the zoning board of adjustment and shall set up and maintain a separate file for each application for appeal, special exception, and variance received and shall record therein the names and addresses of all persons, firms, and corporations to whom notices are mailed, including the date of mailing and the person by whom such notices were delivered to the mailing clerk, post office, or mailbox and further keep a record of all notices published as required herein. All records and files herein provided for shall be permanent and official files and records of the city.

(Ord. No. 1383, 12-8-1986; Ord. No. 5573 meeting, 12-16-2024)

Charter reference— Similar provisions, Charter § 8.02.

Procedures before the board of adjustment, and appeals to and from such board, shall be governed by the provisions of V.T.C.A., Local Government Code §§ 211.008—211.012.

1.

The board shall adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with this article or state law. 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 oath and compel the attendance of witnesses.

2.

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 record 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.

3.

Appeals to the board may be made by any person aggrieved, or by any municipal officer, department, or board affected by any decision of the city manager or his duly authorized representative in the enforcement of this article. Such appeal shall be filed with the board by the director of planning within 15 days after the original decision rendered by the director of planning.

4.

Notice of hearing before the board required.

a.

The board shall hold a public hearing on all appeals made to it and written notice of such public hearing shall be sent to the applicant, all persons who are owners of real property lying within 200 feet of the property on which the appeal is made, and all other persons deemed by the board to be affected thereby.

b.

Such notice shall be given not less than ten days before the date set for hearing to all such owners who have rendered their said property for city taxes as the ownership appears on the last city tax roll. Such notice may be served by deposition of the same, properly addressed and postage paid, in the U.S. Post Office.

5.

The secretary of the board shall forthwith notify in writing the commission and the city building inspector of each decision, interpretation, special exception and variance granted under the provisions of this article.

(Ord. No. 4662, 8-13-2018; Ord. No. 4757, 1-28-2019)

The board of adjustment shall have the following powers, and it shall be its duty:

1.

To hear and decide appeals where it is alleged there is error in any order, requirement, decisions, or determination made by an administrative official in the enforcement of this section.

2.

The board shall have the power to authorize upon appeal in specific cases such variances from the terms of this section as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this section will result in unnecessary hardship, and so that the spirit of this section shall be observed and substantial justice done. Such variances from the strict application of the terms of this section must be in harmony with its purpose and intent, and shall be authorized only when the board is satisfied that the applicant has proven the following conditions exist:

a.

That a literal enforcement of the provisions of this section will result in unnecessary hardship. Financial hardship is not sufficient to show unnecessary hardship.

b.

That the property in question is not suitable and usable for uses permitted in the district in which it lies, even though there will be a loss of profit or other economic disadvantage on account of the use.

c.

That the unnecessary hardship was not self-inflicted.

d.

That the hardship is unique to the land or parcel involved, and is not shared in general by others in the neighborhood, also as a result of the zoning ordinance and thus perhaps requiring rezoning.

e.

That the variance will not alter the essential character of the locality, and the surrounding property will be protected.

f.

That the variance will not merely serve as a convenience to the applicant.

g.

That the variance requested is not in actuality a reclassification of land uses or the creation of new districts. Such action amounts to legislation, and may only be done by the legislative body of the municipality.

3.

In hearing and deciding appeals, to grant special exceptions in the following instances:

a.

Interpret the provision of this section in such a way as to carry out the intent and purpose of the ordinance, as shown on the maps fixing the several districts, accompanying and made a part of this section, where the street layout actually on the ground varies from the street layout as shown on said maps.

b.

Waive or reduce the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provisions of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or convenience.

c.

Permit the reconstruction of a nonconforming building which has been damaged to the extent of more than 50 percent of its replacement cost.

d.

If no structural alterations are made, any nonconforming use of structure, or structure and premises in combination, may, as a special exception, be changed to another nonconforming use, provided the board of adjustment shall find that the proposed nonconforming use is not more nonconforming in the district than the previously existing nonconforming use.

4.

In permitting such exceptions, the board of adjustment may require any conditions and safeguards as it shall deem appropriate to see that the purpose and intent of this section are met, and the violation of any such conditions or safeguards shall constitute a violation of this section.

5.

In exercising the above mentioned powers, the board may, in conformity with the provisions of V.T.C.A., Local Government Code §§ 211.001—211.013 and this section, reverse or affirm, wholly or partly, 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 to that end shall have all the powers of the officer from whom the appeal is taken.

6.

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

The board of adjustment and appeals, with the concurrence and approval of the city council, shall determine and set forth a fee schedule for the purpose of recovering the administrative cost of processing requests and the public hearings called for by this article. Such fee shall be paid by the applicant and shall not be designed for restricting an applicant's ability to seek a hearing and/or to generate revenue for other than recovery of actual administrative cost incurred by the city.