Reno City Zoning Code
CHAPTER 11
BOARD OF ADJUSTMENTS
§ 11.001 Definitions.
a.
Special Exception:
Forgiveness of a minor setback violation on a structure that has been in existence for five (5) or more years.
b.
Quorum:
75% (rounded up) or four (4) members of an appointed Board of five (5).
c.
Zoning Official:
the city employee, agent or designee of that employee or agent exercising, with authority of the city, enforcement of the Zoning Rules and Regulations for purposes of building permits, site plans and interpretation of the Zoning Ordinance for the city.
d.
Zoning Ordinance Variance:
Permission to alter the specific requirements of Article 14 Chapter 1-10 (Zoning Ordinance for the city and any other applicable Ordinances and/or Building Regulations).
(Ordinance 12.14.2020 adopted 12/14/20)
§ 11.002 [Established].
A Board of Adjustments is hereby established consistent with the provisions of Texas Local Government Code Section 211.008 et seq., regarding the zoning of Cities with the powers and duties as provided in said statues, and contained in this Ordinance.
(Ordinance 12.14.2020 adopted 12/14/20)
§ 11.003 Organization.
a.
Membership:
The City Council may appoint members to the Board of Adjustments in one of the following exclusive methods:
1.
The Council shall appoint five (5) citizens for staggered terms of up to two (2) years. In addition, at least one (1), and not more than two (2) alternate members maybe similarly appointed to serve in the absence of one (1) or more of the regular members. Each member of the Board, regular and alternate, shall be removable for cause by the city council upon a written charge and after a public hearing. Vacancies shall be filled by the city council for the unexpired term of any member, regular or alternate, whose term becomes vacant. The Board shall elect its own chairperson from regular members, who shall serve for a period of one (1) year or until a successor is elected; or
2.
The Council may appoint the members of the Governing body (itself) as the Board of Adjustments consistent with Texas Local Government Code Section 211.008.
3.
There can be no combination or hybrid appointment to members of the Board. The methods mentioned in paragraphs a.1 and a.2 above are the exclusive methods whereby persons are appointed to membership to Board of Adjustments. The city Council either appoints itself or appoints citizens to the Board, not a combination of Council persons and Citizens.
b.
Meetings:
Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board or the Zoning Official for the city may determine.
c.
Hearings:
The hearings of the Board of Adjustments shall be public. The Board shall hear the intervention of any owner of property adjacent to, in the rear of, or across the street from a lot as to which the granting of any building permit is pending, and shall also hear any other parties in interest. All hearings before the Board must be heard by at least four (4) members of the Board. The Board may, consistent with the Texas Open Meetings Act, retire into Executive session to receive advice and Counsel from the city attorney.
d.
Rules and Regulations:
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 (City Secretary) and shall be a public record. The Board of Adjustments shall act by Resolution or by Order, or by Decision document. The concurring vote of at least four (4) members of the Board is necessary to:
1.
Reverse an order, requirement, decision or determination of an Administrative Official (City Staff);
2.
Decide in favor of an applicant on a matter of which the Board is required to pass under this Zoning Ordinance; or
3.
Authorize a variance from the terms of the Zoning Ordinance from the city.
4.
Any request for affirmative relief not approved by the concurring vote for four (4) or more members shall he considered denied. A motion before the Board to deny (as opposed to approve) a variance or a request, need to only receive a simple majority vote.
5.
The Board shall adopt from time to time such additional rules and regulations as maybe deemed necessary to carry into effect the provisions of the Ordinance, and shall furnish a copy of the rules so adopted or modified to the Zoning Official, all of which rules and regulations shall operate uniformly in all cases. The rules of the Board maybe adopted by majority vote. See Local Government Code section 211.008e.
(Ordinance 12.14.2020 adopted 12/14/20)
§ 11.004 Appeals to the Board of Adjustments.
a.
Procedure.
Appeals maybe taken from the decision of City Staff regarding Zoning and/or permits or interpretations of the Zoning rules and maybe taken to and before the Board of Adjustment by any person aggrieved by the decision, or by any Officer. Department, Board, or Bureau of the city affected by the decision. The appellant (applicant) must file with the Board and the official from whom the appeal is taken, a notice of appeal specifying the grounds for the appeal. The appeal notice must be filed not later than the 20th day after the date the decision was made by the City Staff. Upon receipt of the appeal notice, the official from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record of the action that is being appealed.
b.
Stay of proceedings.
An appeal stays all proceedings in furtherance of the action that is appealed unless the city staff from whom the appeal is taken certifies in writing to the Board specific facts supporting the staff 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 a Court of record on application and notice to the Official of said proceeding.
c.
Notice of Hearing on appeal.
The Board shall fix a reasonable time for the hearing of the appeal or other matters referred to it, shall give public notice of the hearing, and shall mail notices of such hearing to the petitioner/appellant and to the owners of property lying within 200 feet or less of any point of the lot or portion thereof on which a variance is desired, and to all other persons deemed by the Board to be affected there by, such owners and person being determined according to the current tax rolls of the city. Notices must be deposited in the USPS mail, postage paid, and such depositing of notices shall be deemed sufficient compliance with notice requirements.
d.
Decision by the Board.
The Board shall decide the appeal within a reasonable time; however, not later than 45 days after the date the appeal is filed, unless the Applicant request a continuance, and in any event not more than 60 days later than the day the appeal is filed. Any party may appear in person, by agent, or Attorney at the hearing. The Board may reverse or affirm, in whole or in part, or may modify the order, requirement decision, or determination from which an appeal is taken and make such other order, requirement, decision, or determination as in the opinion of the Board ought to be made. To that end, the Board shall have the same authority as the city staff/zoning official.
(Ordinance 12.14.2020 adopted 12/14/20)
§ 11.005 Powers and Duties of Board (see section 211.009 Local Government Code “Authority of Board”).
a.
Subpoena Witnesses, etc.
The Board shall have the power to subpoena witnesses and records, administer oaths, and punish for contempt, and may require the production of documents, under such regulations as the Board may establish.
b.
Appeals based on error.
The Board shall have the power to hear and decide appeals when it is alleged that there is an error in any order, requirements, decision, or determination made by the Zoning Official in the enforcement of Chapter 14 Zoning Ordinance. When the Zoning Official determines that an application for a building permit does not comply with Article 14 (Zoning Ordinance) the Zoning Official shall inform the applicant and also advise the applicant of the right to appeal the decision to the Board of Adjustments as an appeal under this Section.
c.
Special Exceptions.
The Board shall have the power to hear and decide special exceptions to the terms of this chapter upon which the Board is required to pass as follows or else where in this chapter:
1.
To forgive minor set back violations on structures that have been in existence for at least five (5) years.
d.
Variances.
The Board shall have the power to authorize, upon appeal in specific cases, such variance from the terms of the zoning ordinance/regulations chapter as will not be contrary to the public interest; where, owing to special conditions, a literal enforcement of the provisions of the zoning regulations will result in unnecessary hardship, and so that the spirt [spirit] of the zoning regulations shall be observed, including the following:
1.
Permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the caring out of the provisions of the ordinance do to an irregular shape of lot, topographical, or other conditions, provided such variance will not seriously effect any adjoining property or the general welfare; and
2.
Authorize upon appeal, whenever a property owner can show that a strict application of the terms of the zoning ordinance and regulations relating to the construction or alterations of buildings or structures will impose upon the owner unusual and practical difficulties or particular hardship, such variances from the strict application of this chapter as or in harmony with its general purpose and intent, but only when the Board is satisfied that granting such a variance will not merely serve as convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance from the zoning ordinance and regulations established by this chapter, and at the same time, the surrounding properties will be protected.
e.
Changes.
The Board shall have no authority to change any provisions of the zoning regulations or ordinances, and the jurisdiction of the Board is limited to hardship and borderline cases, which may arise from time to time. The Board may not change the district designation of any land either to a more restrictive or less restrictive zone. In addition, the Board may not add a use or authorize a use in a zoning district where such is not otherwise permitted save and accept through the approval of a special exception as defined herein.
(Ordinance 12.14.2020 adopted 12/14/20)
§ 11.006 Public Hearings and Notices.
a.
Public hearings required.
Public hearings shall be required in conjunction with request for variances and special exceptions and appeals of city staff termination, and appeals based on error.
b.
Consistent with the Texas Open Meetings Act, the Board may retire into executive session to consult with the city attorney.
c.
Notice of Public Hearings.
Notice of public hearings must be provided as follows:
1.
Written notice mailed to the parties in interest and to each owner of property as indicated by the most recently approved tax roll lying within 200 feet or less of any point or portion of the subject property prior to the 10th day before the day of the hearing; and
2.
The Board agenda published consistent with the Texas Open Meetings Act on the city Website and posted at City Hall.
(Ordinance 12.14.2020 adopted 12/14/20)
§ 11.007 Appeal of Board Decision (see section 211.011 Local Government Code).
a.
Final decisions of the Board may be appealed to a court of appropriate jurisdiction in Lamar County within 10 days as provided under section 211.001 of the Texas Local Government Code and other applicable law. A decision of the Board is deemed to be final when a written containing the decision of the Board is signed and filed with the city secretary. If there is a difference between the signing and the filing date, the date reflected on the signature is the final decision date. If timely request for reconsideration is made, then the final date is the 1st day following any action upon that reconsideration.
(Ordinance 12.14.2020 adopted 12/14/20)
§ 11.008 Penalty Provisions.
a.
Consistent with Section 211.012 of the Local Government Code, a person commits a misdemeanor offense punishable by fine only if the person violates a provision of this Ordinance. The criminal penalty for such a violation upon conviction is a fine of not to exceed $500.00. The city also may assess a civil penalty against individuals who are found to be in violation of this Ordinance of up to $1,000.00 daily per violation. The city may also seek other civil remedies including direct actions in Court and request for injunctions.
(Ordinance 12.14.2020 adopted 12/14/20)