Palmview City Zoning Code
BOARD OF
ADJUSTMENTS
§ 156.135 ORGANIZATION.
(A) (1) A Zoning Board of Adjustments (ZBA) is hereby created in accordance to the prevailing regulations of Tex. Local Government Code § 211.008.
(2) It shall consist of at least five regular members and, if desired by the City Council, two alternates who shall be appointed by the City Council, for a term of two years, and removable for cause by the City Council upon written charges and after public hearing on the members’ removal. Said two alternate members shall serve in the absence of one or more regular members when requested to do so by the Mayor, the City Manager or an authorized official, as the case may be. All cases to be heard by the ZBA will be heard by a minimum of four members.
(3) Vacancies shall be filled for the unexpired term of any member by appointment of the City Council.
(B) A quorum of the ZBA shall consist of four members inclusive of any alternate(s) that may be present.
(C) The City Manager, or his or her designee, shall be an ex officio member of the ZBA without power of vote and as an ex officio member shall act as Secretary of the ZBA 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 and shall never be destroyed.
(Ord. 2016-07, passed 8-9-2016)
§ 156.136 PROCEDURES AND APPEALS.
Procedures before the ZBA, and appeals to and from such Board, shall be governed by the prevailing regulations of Tex. Local Government Code § 211.008, which reflects that:
(A) The ZBA shall adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with this chapter or state law. Meetings of the ZBA shall be held at the call of the Chairperson and at such other items as the Board may determine. The Chairperson or, in his or her absence, the acting Chairperson may administer oath and compel the attendance of witnesses;
(B) All meetings of the ZBA shall be open to the general public. The ZBA shall keep minutes of its proceedings, showing the vote of each regular member upon each application 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 perpetual public record;
(C) Appeals to the ZBA 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 or her duly authorized representative, typically the Planning Director, in the enforcement of this chapter. Such appeal shall be filed with the ZBA by the Planning Director within 15 days after the original decision rendered by the Director of Planning;
(D) Notice of hearing before the ZBA required:
(1) The ZBA 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 ZBA to be affected thereby;
(2) Such notice shall be given not less than ten days (to be received) before the date set for the public hearing to all such owners who have rendered their said property for city taxes as the ownership appears on the latest available tax records to the city. Such notice may be served by depositing the notice, properly addressed and postage paid, in the U.S. Post Office; and
(3) Notice of the public hearing shall be published in a newspaper of local circulation not less than 15 calendar days prior to such being formally considered by the ZBA.
(E) The Secretary of the Board shall forthwith notify in writing the City Council, the Planning and Zoning Commission and the city’s Chief Building Inspector of each decision, interpretation, special exception and variance granted under the provisions of this chapter.
(Ord. 2016-07, passed 8-9-2016)
§ 156.137 POWERS.
(A) The Zoning Board of Adjustments 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 chapter;
(2) The ZBA shall have the power to authorize upon appeal in specific cases such variances 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. Such variances from the strict application of the terms of this chapter must be in harmony with its purpose and intent, and shall be authorized only when the ZBA is satisfied that the applicant has proven the following conditions exist:
(a) A literal enforcement of the provisions of this chapter will result in unnecessary hardship. Financial hardship is not sufficient to show unnecessary hardship;
(b) The property in question is not suitable and useable 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) The unnecessary hardship was not self-inflicted;
(d) 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) The variance will not alter the essential character of the locality and the surrounding property will be protected; and
(f) The variance requested is not in actuality a reclassification of land uses or the creation of new districts. Such action amounts to land use legislation (rezoning) and may only be done by the legislative body of the city.
(3) In hearing and deciding appeals, to grant special exceptions in the following instances:
(a) Interpret the provision of this chapter in such a way as to carry out the intent and purpose of the chapter, as shown on the maps fixing the several zoning districts (zoning map), accompanying and made a part of this chapter, where the street layout actually on the ground may vary 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 non-conforming building which has been damaged to the extent of more than 50% of its replacement cost; and
(d) If no structural alterations are made, any non-conforming use of structure, or structure and premises in combination, may, as a special exception, be changed to another non-conforming use; provided, the ZBA shall find that the proposed non-conforming isn’t more intensive than the previously existing non-conforming use.
(B) In permitting such exceptions, the ZBA may require any conditions and safeguards as it shall deem appropriate to see that the purpose and intent of this chapter are met, and the documented violation of any such conditions or safeguards shall constitute a violation of this chapter.
(C) In exercising the above mentioned powers, the Board may, in conformity with the provisions of the prevailing regulations of Tex. Local Government Code § 211.009 and this chapter, reverse or affirm, wholly or partly, or may reverse, affirm or modify in whole or in part the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made.
(D) The minimum concurring vote of four members of the Board shall be necessary to reverse or affirm any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant on any manner upon which it is required to pass under this chapter, or to effect any variation in this chapter.
(Ord. 2016-07, passed 8-9-2016)
§ 156.138 ADMINISTRATIVE COST.
The ZBA, 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 subchapter as well as maintaining the applicable permanent file. 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 (mailing, postage and the like) and publication costs incurred by the city.
(Ord. 2016-07, passed 8-9-2016)