(A)

Applicability.

(1)

Generally. Any of the following persons may appeal to the board of adjustment a decision, requirement, or determination made, or an order issued by an administrative official: A person aggrieved by the decision, or determination or order or requirement issued by an administrative official. Any officer, department, board, or bureau of the city affected by the decision may also appeal.

(B)

Initiation.

(1)

Application. Such appeal shall be taken by filing a notice of appeal and the filing fee with the Planning Department, or other appropriate City Department that issued the order or requirement, or made the decision or determination that is the subject of the appeal, and with the board of adjustment, within the time provided by this chapter. The notice of appeal must specify the particular grounds upon which the appeal is taken. The payment of the Two Hundred and fifty dollar ($250.00) filing fee must also be submitted at the time the notice of appeal is filed. Upon receipt of a notice of appeal, and the filing fee, the Planning Department, or other appropriate City Department, shall transmit to the board of adjustment all the original documents and materials, or true copies thereof, available at that time, constituting the record upon which the order or decision appealed from was based.

(2)

Automatic Stay. An appeal to the board of adjustment shall stay all proceedings that are only related to or involved with the furtherance of the specific action that is being appealed, unless the City Planner certifies that, by reason of the facts stated in the certificate, a stay in his opinion would cause imminent peril to life or property. When such a certificate is filed, proceedings shall not be stayed except by a restraining order granted by the board of adjustment or a court of proper jurisdiction.

(3)

Time Limit for Appeal. The board of adjustment shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest as outlined above. The board shall decide the appeal not later than the 60 ^th day after the date the appeal is filed unless the required notice was unable to be given. Appeals to the board of adjustment from any order, requirement imposed, decision, or determination made by an administrative official in the enforcement of this chapter shall be made by filing a notice of appeal with the Planning Department, or the City Department that issued the order or requirement, or made the decision or determination that is the subject of the appeal. The notice of appeal must also be filed with the Board of Adjustment. The notice of appeal and the filing fee must be filed not later than the 20 ^th day after the date the decision or the determination is made or the order or requirement is issued.

(C)

Completeness Review. The Planning Director shall review the notice of appeal for completeness within seven (7) working days. If it is determined by the Planning director or other City Department that the notice of appeal is not complete, the notice shall be returned to the person submitting the notice of appeal with a description of how the notice is not complete.(D) Decision.

(1)

Appearance. A party may appear at the appeal hearing in person or by agent or attorney.

(2)

Hearing. The board of adjustment shall consider the appeal at a quasi-judicial public hearing pursuant to Texas Local Government Code § 211.009(b), 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 Pursuant to Texas Local Government Code § 211.009(b). The concurring vote of seventy-five (75) percent of the members of the board is necessary to reverse an order, requirement, decision, or determination of an administrative official, or to decide in favor of an applicant on a matter in which the board is required to pass under a zoning ordinance, or to authorize a variation from the terms of a zoning ordinance.

(3)

Time Limit for Decision. The board shall decide the appeal within a reasonable time.

(E)

Appeal from Board of Adjustment. An appeal from a board of adjustment decision shall be filed pursuant to Texas Local Government Code § 211.011 with the District Court or County Court at Law.

(Ord. No. 24-05, 10-2-2024)