This section of the ordinance shall serve as a support supplement and in concert with article VI of the Home Rule Charter of the City of Seabrook.

(Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 10.01. See editor's note to art. 7.

The council shall appoint a zoning board of adjustment pursuant to the Charter, section 6.08.

(Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 10.02. See editor's note to art. 7.

11.03.01. Membership: The board of adjustment shall consist of five regular members and up to four alternate members.

11.03.02. Officers: The board of adjustment shall elect one of its members to serve as chairman, and a second member as the vice-chairman. The city secretary or designee shall serve the board in the performance of its responsibilities.

11.03.03. Bylaws: The board shall adopt bylaws to guide it in the performance of its responsibilities.

11.03.04. Meetings: Meetings of the board shall be held as often as deemed necessary by the chairman. Special meetings may be held at the request of the chairman and at other times as the board may determine. The chairman, or in his/her absence, the vice-chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public.

11.03.05. Records: The board of adjustment shall keep minutes of its proceedings showing the voting record of each member upon each question or the fact that a member was absent or otherwise failed to vote. The minutes of the board shall be kept in the office of the city secretary and shall be open to the public.

(Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 10.03. See editor's note to art. 7.

The board of adjustment shall be a quasi-judicial body invested with the following powers and responsibilities.

11.04.01. Ordinance interpretation:

The board of adjustment may hear and decide appeals where it is alleged that there is error in any order, requirement, decision, or determination by the code enforcement officer in the enforcement of this ordinance.

In exercising its authority set out in this ordinance and in conformity with the provisions of Texas law, the board may reverse or affirm, in whole or in part, or modify the code enforcement officer's order, requirement, decision, or determination from which an appeal is taken and may correct the order, requirement, decision, or determination, and for that purpose the board will have the same authority as the code enforcement officer.

The concurring vote of four members shall be necessary to:

A.

Reverse any order, requirement, decision or determination of the code enforcement officer;

B.

Decide in favor of an applicant on a matter on which the board is required to pass under the terms of this ordinance; or

C.

Authorize a variance.

11.04.02. Variances: The board may authorize upon appeal in specific cases a variance from the terms of this ordinance after notice and hearing, and subject to appropriate conditions and safeguards. In every case, the issuance of a variance may not be granted unless the board shall determine that all the following criteria have been met:

A.

That special conditions and circumstances exist which are peculiar to the land, structure or building involved which are not applicable to other lands, structures or buildings in the same district.

B.

That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other property owners in the same district under the terms of this ordinance.

C.

That the special conditions and circumstances do not result from the actions of the applicant.

D.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district.

E.

That a literal enforcement of the provisions of this ordinance would result in unnecessary hardship.

11.04.03. Application form: Each application for a variance shall be made in writing on a form provided by the Seabrook director of administration [city manager] and shall be filed with the director of administration [city manager]. Each application shall be accompanied by payment of the appropriate fee. An application for a variance shall also include plans and drawings in a form acceptable to the director of administration [city manager] and containing sufficient information necessary to determine the impact on properties affected by the variance request.

11.04.04. Scheduled dates and notification—Variance: Upon receipt of a complete application for a variance, the director of administration [city manager] shall set a date for a public hearing before the board of adjustment. Not less than 15 days before the public hearing, written notice shall be sent to all owners of real property in Seabrook, as indicated on the most recently approved municipal tax roll, located within 500 feet of the property for which the variance is sought. The notice may be served by its deposit in the Untied States mail, in the City of Seabrook, properly addressed with postage paid. Not less than 15 days prior to the public hearing scheduled before the board of adjustment, notice of the hearing shall be published in an official newspaper or a newspaper of general circulation in Seabrook.

11.04.05. Use variances prohibited: In no event may the board of adjustment issue a land use variance which results in effectively reclassifying the property of an applicant and which permits the applicant to avoid the rezoning procedures addressed in article 2 of this ordinance.

11.04.06. Other powers: The board may be invested with other powers as conferred by the city council and as permitted under Texas law.

(Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 10.04. See editor's note to art. 7.

Appeals to the board of adjustment may be made by any person aggrieved, or by an officer, department, or board of the city affected by any decision of the code enforcement officer.

(Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 10.05. See editor's note to art. 7.

11.06.01. Appeal form filed: The appellant shall secure from and file with the board of adjustment and the code enforcement officer an appeals form specifying the grounds for the appeal. Every appeal shall be filed not more than ten days after the date of the decision of the code enforcement officer.

11.06.02. Filing fee: A filing fee shall accompany each appeal to the board of adjustment to help defray the administrative and processing costs. Said fee shall be established by the city council.

11.06.03. Withdrawing of appeals: An appeal may be withdrawn upon written notice to the chair of the board of adjustment. However, no appeal may be withdrawn without the express approval of all members of the board of adjustment after notice of a public hearing has been posted.

11.06.04. Successive appeals: No appeal may be refiled after having previously been rejected or disapproved unless the chair of the board of adjustment determines that new and substantive evidence materially changes the basis for the appeal.

11.06.05. Responsibility of the code enforcement officer: Upon receiving the notice for an appeal, the code enforcement officer shall immediately transmit all papers and pertinent materials, along with the appeals form to the chair of the board of adjustment.

11.06.06. Effect of an appeal: An appeal from a decision of the code enforcement officer, or the planning and zoning commission stays all proceedings in furtherance of the action appealed from unless the code enforcement officer certifies in writing to the chair of the board of adjustment that such a stay would cause imminent peril to life or property. In such a case, the proceedings will be stayed only by a restraining order issued by a competent court of record.

11.06.07. Public notification and hearing: Notice of an appeal shall be given by means of a written notice mailed to the parties in interest not less than ten days prior to the public hearing. Additionally, notice shall be printed in a paper of general circulation not less than 15 days prior to the public hearing.

11.06.08. Representations: A party appearing before the board of adjustment may appear on his/her own behalf or may be represented by an attorney or other agent.

11.06.09. Records of appeals: The board shall keep minutes of its proceedings showing the vote of each member upon each question or the fact that a member was absent or otherwise failed to vote. Every ruling made by the board shall be accompanied by a written finding of fact based on the testimony adduced at the hearing and the record shall specify the reason(s) for the decision of the board. All records pertaining to appeals to the board of adjustment will be kept in the office of the city secretary and will be open to the public.

(Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 10.06. See editor's note to art. 7.

The board of adjustment may recommend the employment of persons deemed essential to the performance of its assigned responsibilities. The board may recommend to the city council the employment of urban planners, engineers, architects, landscape architects, and other respective professionals. The city council shall provide an annual budget for the work of the board of adjustment.

(Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 10.07. See editor's note to art. 7.