River Oaks City Zoning Code
SECTION 30
BOARD OF ADJUSTMENT.
A.
ORGANIZATION.
A board of adjustment shall be established and have all the powers and authority in accordance with the Charter of the City of River Oaks and section 211.008, Local Government Code, as amended. The board of adjustment shall consist of five voting members. The Mayor, with the consent of the City Council, shall appoint the original members to Places 1, 3, and 5 on the board to serve until May 2003, and members to Places 2 and 4 to serve until May, 2003, or until their successors are appointed and qualified. Members to Places 1, 3, and 5 shall be appointed in odd-numbered years and members to Places 2 and 4 shall be appointed in even-numbered years. Board members shall serve two-year terms, with a member to serve until his or her successor is duly appointed and qualified. In addition, the mayor, with the advice and consent of the city council, may appoint up to four alternates to serve in the absence of any board member. The mayor, subject to the advice and consent of the city council, shall appoint the chair and vice-chair. Any member or alternate of the board of adjustment may be removed for just cause by the mayor, with the approval of the city council by a majority vote. "Just Cause" as that term is used herein shall include three unexcused absences from meetings, regular or special, of the board of adjustment within 12 months, or misconduct.
Vacancies shall be filled by appointment of the mayor, as confirmed by the city council, of a suitable person to serve out the unexpired term of any person whose place on the board of adjustment, either as a member or as an alternate, has become vacant for any cause.
B.
PROCEEDINGS OF THE BOARD.
The board of adjustment may adopt rules to govern its proceedings, provided, however, that such rules are not inconsistent with the terms of this Ordinance and Article III of Chapter 2 [Article 1.04 of Chapter 1] of the Code of Ordinances. Meetings of the board of adjustment shall be held at the call of the chairman, who may administer oaths and compel the attendance of witnesses. Meetings of the board of adjustment shall be held in accordance with the Texas Open Meetings Act. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicate such fact and shall keep records of its examinations and other official actions, all of which shall be filed in the offices of the city secretary and kept as public record.
C.
JURISDICTION.
The board of adjustment shall have all powers granted by and be organized and controlled by the provisions of section 211.009, Local Government Code. The board of adjustment is hereby vested with power and authority, and in appropriate cases and subject to appropriate conditions and safeguards, to grant variances from the front yard, side yard, rear yard, lot width, lot depth, coverage, floor area ratios, minimum off-street parking or off-street loading regulations of this Ordinance in accordance with the provisions of this section.
D.
APPEALS.
1.
Appeals to the board of adjustment can be taken by any person aggrieved by any officer department, or board of the municipality or affected by any decision of the administrative officer. Such appeal shall be taken within 10 days' time after the decision has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the board of adjustment, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken.
2.
An appeal shall stay all proceeding of the action appealed from unless the officer from whom the appeal is taken certifies to the board of adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise, than by restraining order which may be granted by the board of adjustment or by a court of record on application, after notice to the officer from whom the appeal is taken.
3.
A person making application for an appeal or any other matter which the board of adjustment is authorized to review, shall pay a fee in an amount determined and as approved by the city council.
E.
HEARING.
1.
The board of adjustment shall fix a reasonable time for the hearing of any appeal, variance, special exception, or other matter which the board of adjustment is authorized to review hereunder, give public notice thereof, as well as due notice to the parties and interests and decide the same within a reasonable time. At the hearing any party may appear in person or by attorney or agent. The notice provided in this section shall be given by publication in the official city newspaper stating the time and place of the hearing, which shall not be earlier than 10 days from the day of the publication, and in addition, the board of adjustment shall mail notices of the hearing to the petitioner and the owners of the property lying within 200 feet of any point of the lot for which a variance, exception, or other action is proposed, and to all person deemed by the board of adjustment to be affected. The addresses of owners and persons shall be determined according to the current tax rolls of the city. Written notice shall be deemed sufficient if deposited in the U.S. mail with postage paid, addressed to each owner as indicated on the last approved city tax roll.
2.
The same appeal to the board of adjustment shall not be allowed on the same piece of property prior to the expiration of one year from a ruling of the board of adjustment on any appeal unless other property in the same zoned areas shall have, within the one year period, been altered or changed by ruling of the board of adjustment, in which case the change of circumstances shall permit an appeal but shall in no way have force in law to compel the board of adjustment after a hearing to grant the subsequent appeal, but the appeal shall be considered on its merits as in all other cases.
F.
POWERS.
The Board of Adjustment shall have the following powers:
1.
Variances.
a.
The board of adjustment may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the board shall prescribe any conditions that it deems necessary or desirable to protect the public interest. In making its findings the board shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, and the probable effect such variance will have upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless the board finds:
b.
Such findings of the board, together with the specific facts upon which it is based, shall be incorporated into the official minutes of the board of adjustment meeting at which such variance is granted. A variance may not be granted to resolve a self-created or personal hardship, nor for financial reasons only.
2.
Appeals of Decisions of Administrative Officers.
a.
The board of adjustment may hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by the administrative officer in the enforcement of this Ordinance.
b.
In exercising its power, the board of adjustment may, in conformity with the provisions of chapter 211, Local Government Code, as amended revise or reform, wholly or partly, or may modify the order, requirement, decision or determination as sought to be made and shall have all the powers of the officer from whom the appeal is taken, and may require such conditions and safeguards as the Board finds necessary to preserve the spirit and intent of this Ordinance.
3.
Nonconforming Uses (See Chapter 28 [Section 28]).
a.
The board of adjustment may permit the reconstruction, extension, or enlargement of a structure occupied by a nonconforming use on the lot occupied by such structure in accordance with the provisions of Section 28 of this Ordinance.
b.
The board of adjustment may require the discontinuance of nonconforming uses under any plan whereby the full value of the structure or use can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this Ordinance.
G.
CONCURRING VOTE.
The concurring vote of four members of the board of adjustment shall be necessary to reverse any order, requirement, decisions or determination of a city administrative officer, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance.
H.
JUDICIAL REVIEW.
Any person or persons, jointly or separately, aggrieved by any decision of the board of adjustment or any taxpayer or any officer, department or board of the city may present to a court of record, a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of such illegality. Such petition shall be presented to the court within 10 days of the questioned decision of the board of adjustment, and not thereafter, and shall comply in all respects with the requirements set forth in section 211.011 of the Local Government Code.
(Ordinance 1394-2023 adopted 11/28/2023)