Quinlan City Zoning Code
§ 32
ZONING BOARD OF ADJUSTMENT.
32.1
Zoning Board of Adjustment Created.
There is hereby created a Board of Adjustment, hereafter referred to as the “Board” for the purpose, in appropriate cases and subject to appropriate conditions and safeguards, to make special exceptions to, to grant variances from and to hear appeals regarding the terms of this chapter that are consistent with the general purpose and intent of this chapter.
32.2
Members; Terms of Office.
A.
The Board shall consist of five (5) members, each appointed by the City Council for a staggered term of two (2) years, and shall operate in accordance with Sections 211.008 through 211.011 of the Texas Local Government Code, as amended. Two (2) alternate members, shall also be appointed by the City Council for a two (2) year term, to serve in the absence of one or more regular members, as requested by the Mayor.
B.
The Board shall have the power to make the rules, regulations and bylaws for its own governance, with the approval of the City Council, which shall conform as nearly as possible to those rules, regulations and bylaws governing the City Council, and the Board’s rules, regulations and bylaws. Each October, the Board shall elect a Chairperson and Vice-Chairperson prior to other business. The Board shall also elect a Secretary, either from its membership or from City Staff assigned by the Mayor.
32.3
Meetings.
Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. All meetings of the Board shall be open to the public, and minutes shall be kept of all proceedings at Board meetings. Four (4) members of the Board shall constitute a quorum for the conduct of business. All cases to be heard by the Board shall always be heard by at least seventy-five percent (75%) of the members, which constitutes four (4) members.
32.4
Authority of Board of Adjustment.
A.
The Board shall have the authority, subject to the standards established in Sections 211.008 through 211.011 of the Texas Local Government Code, as amended, and those established herein, to exercise powers and to perform duties including the following:
1)
Hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this chapter;
2)
Hear and decide special exceptions to the terms of this chapter when the ordinance requires this Board to do so;
3)
Authorize, in specific cases, a variance from the terms of this chapter if the variance is not contrary to the public interest and if, due to special conditions, a literal enforcement of the Ordinance would result in unnecessary hardship, and so that the spirit of this chapter is observed and substantial justice is done; and
4)
Hear and decide other matters authorized by ordinance.
B.
In exercising its authority under Section 32.4A.(1) above, the Board 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 that purpose the Board has the same authority as the administrative official.
C.
The concurring vote of at least seventy-five percent (75%), or four (4) members, of the full Board is necessary to:
32.6
Variances.
A.
The Board may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance with the terms of this chapter. For example, if the subject property substantially differs from other similarly zoned land parcels by being of such restricted area, shape or slope so that it cannot reasonably be developed in the same manner as other similarly zoned land parcels, then a variance of the building setback, lot/tract width or depth, or parking requirements may be granted. In granting a variance, the Board shall prescribe only conditions that it deems necessary for, or desirable to, the public interest. In making the findings herein below required, the Board shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work within the proposed use, and the probable effect such variance will have upon traffic conditions and upon the public health, safety, convenience and welfare of the community.
B.
Conditions Required for Variance.
No variance shall be granted without providing public notice and holding a public hearing on the variance request in accordance with Section 32.9 of this chapter and the Board shall make findings:
1)
That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his/her land;
2)
The circumstances or conditions are not economic hardships created by the property owner;
3)
That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant;
4)
That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property within the area; and
5)
That the granting of the variance will not have an adverse effect on surrounding properties, preventing the use and enjoyment of other land within the area in accordance with the provisions of this chapter. Such findings of the Board, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Board meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this chapter so that the public health, safety and welfare may be secured and that substantial justice may be done.
C.
Findings of Undue Hardship.
In order to grant a variance, the Board must make findings that an undue hardship exists, using the following criteria:
1)
That literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property;
2)
That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district;
3)
That the relief sought will not injure the permitted use of adjacent conforming property; and
4)
That the granting of a variance will be in harmony with the spirit and purpose of the Ordinance.
D.
A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely upon economic gain or loss, nor shall it permit any person the privilege of developing a parcel of land not permitted by this chapter on other parcels of land in the particular zoning district. No variance may be granted which results in undue hardship upon another parcel of land.
E.
In exercising its authority under this Section 32.6, the Board may consider the following as grounds to determine whether compliance with the ordinance as applied to a structure that is the subject of the appeal would result in unnecessary hardship:
1)
The financial cost of compliance is greater than 50 percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the City under Section 26.01, Tax Code;
2)
Compliance would result in a loss to the lot on which the structure is located of at least 25 percent of the area on which development may physically occur;
3)
Compliance would result in the structure not being in compliance with a requirement of City Code of Ordinances, building code, or other requirement;
4)
Compliance would result in the unreasonable encroachment on an adjacent property or easement; or
5)
The municipality considers the structure to be a nonconforming structure.
32.7
Special Exceptions.
A.
Special Exceptions for Nonconforming Uses and Structures.
Upon written request of the property owner, the Board may grant special exceptions to the nonconforming uses and structures provisions of Section 30 of this Ordinance, limited to the following, and in accordance with the following standards:
1)
Expansion of the land area of a nonconforming use, up to a maximum of ten percent (10%); or
2)
Expansion of the gross floor area of a nonconforming structure, up to a maximum of ten percent (10%), provided that such expansion does not decrease any existing setback and does not encroach onto adjacent property; or
3)
Change from one nonconforming use to another, re-construction of a nonconforming structure that has been totally destroyed, or resumption of a nonconforming use previously abandoned, only upon a finding that the failure to grant the special exception deprives the property owner of substantially all use or economic value of the land.
4)
In granting special exceptions under this Section, the Board may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, safety and general welfare, including but not limited to conditions specifying the period during which the nonconforming use may continue to operate or exist before being brought into conformance with the standards of the Zoning Ordinance.
5)
The Board may authorize a special exception for the enlargement, expansion or repair of a nonconforming structure if such enlargement, expansion or repair will improve the condition of the structure, if it will bring the structure closer into compliance with this Zoning Ordinance, or if it will otherwise improve or enhance public health, safety or welfare.
32.8
Appeals to the Board of Adjustment.
A.
Authority.
In addition to the authorization of variances and special exceptions from the terms of this chapter, the Board shall have the authority to hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this chapter, or other provision of the Code of Ordinance where authorized. The Board may reverse or affirm, in whole or in part, or may 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 that purpose, the Board has the same authority as the administrative official.
B.
Who May Appeal.
Any of the following persons may appeal to the Board a decision made by an administrative official that is not related to a specific application, address, or project:
C.
Who May Appeal.
Any of the following persons may appeal to the Board a decision made by an administrative official that is related to a specific application, address, or project:
1)
A person who:
a)
filed the application that is the subject of the decision;
b)
is the owner or representative of the owner of the property that is the subject of the decision; or
c)
is aggrieved by the decision and is the owner of real property within 200 feet of the property that is the subject of the decision; or
2)
Any officer, department, board, or bureau of the municipality affected by the decision.
D.
Procedure for Appeal.
The appellant must file with the Board and the official from whom the appeal is taken a written Notice of Appeal specifying the grounds for the appeal. The Notice of Appeal shall be filed not later than the 20th day after the date the decision is made. Upon receiving the Notice, the official from whom the appeal is taken shall immediately transmit to the Board all papers constituting the record of action that is appealed. An appeal stays all proceedings in furtherance of the action that is appealed. The Board may hold an expedited hearing in the event the official, from whom the appeal is taken, certifies in writing to the Board facts supporting the official’s opinion that a stay would cause imminent peril to life or property. The appellant party may appear at the appeal hearing in person, by agent or through an attorney. 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. The Board 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 may make the correct order, requirement, decision or determination.
32.9
Procedures.
A.
Application and Fee.
An application for a variance, special exception or appeal by the Board shall be made in writing using forms prescribed by the City, and shall be accompanied by an application fee, as set forth in the currently adopted City Fee Schedule, a site plan, and any other additional information as may be requested in order to properly review the application. Such information may include, but is not limited to, plat plans, site building plans, photographs, topographic contour maps, and other similar documents. All drawings must be to scale.
B.
Review and Report by the City.
The City Manager or his/her designee shall visit the site where the application for the proposed variance or special exception would apply and the surrounding area, and shall report his/her findings to the Board.
C.
Notice and Public Hearing.
The Board shall hold a public hearing for consideration of the variance or special exception request no later than forty-five (45) calendar days after the date the application for action, or an appeal, is filed. Written notice of the public hearing for a variance or special exception shall be provided to all property owners, via U.S. mail, within two hundred feet (200') of the affected property at least ten (10) calendar days prior to the public hearing. Notice shall also be published in the official local newspaper before the fifteenth (15th) calendar day prior to the public hearing.
D.
Action by the Board of Adjustment.
The Board shall not grant a variance unless it finds, based upon compelling evidence provided by the applicant, that each of the conditions in Section 32.6 has been satisfied. The Board may impose such conditions, limitations and safeguards as it deems appropriate upon the granting of any variance or special exception as are necessary to protect the public health, safety, convenience and welfare. Violation of any such condition, limitation or safeguard shall constitute a violation of this chapter.
E.
Burden of Proof.
The applicant bears the burden of proof in establishing the facts that may justify a variance, a special exception, an appeal, or any other action in his/her favor by the Board.
F.
Waiting Period.
No appeal to the Board for the same or a related variance or special exception on the same piece of property shall be allowed for a period of six (6) months following an unfavorable ruling by the Board unless other property in the immediate vicinity has, within the six-month waiting period, been changed or acted upon by the Board or the City Council so as to alter the facts and conditions upon which the previous unfavorable Board action was based. Such changes of circumstances shall permit the re-hearing of a variance or special exception request by the Board, but such circumstances shall in no way have any force in law to compel the Board, after a hearing on the matter, to grant a subsequent variance or special exception request. Any subsequent variance or special exception request shall be considered entirely on its own merits and on the specific circumstances related to the subject property.
32.10
Finality of Decisions; Judicial Review.
All decisions of the Board are final and binding. However, any person aggrieved by a decision of the Board may present a verified petition to a court of record which states that the decision of the Board is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition must be presented within ten (10) calendar days after the date the Board’s decision is filed in the City Secretary’s office. The Board’s decision shall be deemed filed in the office of the Board on the first (1st) business day following the date on which action was taken by the Board.
(Ordinance 299-000, sec. 30, adopted 9/18/91; Ordinance 269-002 adopted 2/12/07; Ordinance 07-753-00, sec. 31, adopted 6/11/07; Ordinance 2014-07-01, sec. 2, adopted 7/14/14; Ordinance 2019-01-02 adopted 1/14/19; Ordinance 2019-08-01 adopted 8/12/19; Ordinance 2021-10-03 adopted 10/11/21)