Springtown City Zoning Code
CHAPTER 9
ZONING BOARD OF ADJUSTMENTS
§ 40.1 CREATION, MEMBERSHIP AND PROCEDURES.
A.
Creation, composition.
The City Council of the City of Springtown is granted authority to act as a board of adjustment as authorized by Section 211.008(g), Texas Local Government Code.
B.
Deleted.
C.
Deleted.
D.
Deleted.
E.
Deleted.
F.
Duties and powers:
The Board of Adjustment shall have the powers and exercise the duties of a Board in accordance with Texas Local Government Code section 211.009. Board members are representatives of the city and shall have the right to inspect premises where required in the discharge of their responsibilities under the laws of the state and the ordinances of this city. The Board’s jurisdiction shall extend to and include the hearing and deciding of the following types of appeals and applications and to that end shall have the necessary authority to ensure continuing compliance with its decision:
1.
Interpretation:
To render an interpretation of the zoning regulations or the manner of their application where it is alleged that there is error in any order, requirement or determination made by the enforcing officer in the administration of such provisions. In reaching its decision, the Board shall establish firm guidelines for future administrative actions on like manners;
2.
Special exception:
To decide upon those applications for a special exception to use or develop property when the same is authorized under these regulations subject to Board approval;
3.
Variance:
To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest. Such variances shall not be authorized unless the Board makes an affirmative finding to all the following requirements:
a.
That literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property;
b.
That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district;
c.
That the relief sought will not injure the permitted use of adjacent conforming property;
d.
That the granting of the variance will be in harmony with the spirit and purposes of these regulations.
G.
Interpretation request; variance appeal:
A request for interpretation of regulations or an appeal for variance from development controls may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by a decision of the enforcing officer. Such appeal shall be taken within fifteen (15) days after the decision has been rendered by filing with the enforcing officer a notice of appeal specifying the grounds thereof. The enforcing officer shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
H.
Stay of proceedings:
An appeal shall stay all proceedings of the action appealed from, unless the enforcing officer, after the notice of appeal has been filed with him, certifies to the Board that by reason of facts stated in his certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by a restraining order which may be granted by the Board or by a court of record on application on notice to the enforcing officer and on due cause shown.
I.
Form of appeal or application:
The appeal or application shall be in such form and shall contain such information as the Board may require under its rules of procedure. It shall be accompanied by the required fee. An incomplete appeal or application shall be deemed only to give notice of intent to appeal or apply to the Board and shall not be reviewed or scheduled for hearings until brought to completion.
J.
Notice of hearing:
Official written notice of public hearing on every application for a variance or special exception or for an interpretation of regulations applying solely to an individual property shall be sent to all owners of property, of [or] the person rendering the same for taxes, affected by such application, located within two hundred (200) feet of any property affected thereby, excluding any intervening public street, at least ten (10) days before such hearing is held. Such notice shall be served by using the last known address as listed on the city tax roll and depositing the notice, postage paid, in the United States mail. Notice of hearings shall also be given by causing publication of the time and place of such hearing in the official newspaper at least ten (10) days prior thereto, together with a brief description of the subject matter of the hearing.
K.
Hearing:
1.
Upon the hearing, any party may appear in person or by attorney or agent. Evidence supporting the grant or denial of an appeal shall be submitted only through the enforcing officer or to the Board in public meeting.
2.
Any appeal or application may be withdrawn upon written notice to the enforcing officer, but no appeal shall be withdrawn after posting of hearing notice and prior to Board action thereon without formal consent of the Board.
3.
The Board shall make its decision on any application on any application [sic] within forty-five (45) days from the time the initial hearing is held or the application will be deemed to have been denied.
L.
Decision and voting:
1.
Every decision of the Board shall be based upon findings of fact and every finding of fact shall be supported in the record of proceedings. The enumerated conditions required to exist on any matter upon which the Board is authorized to pass under these regulations shall be construed as limitations on the power of the Board to act.
2.
Nothing contained in this section shall be construed to empower the Board to change the terms of these regulations, or to effect changes in the zoning districts. The powers of the Board shall be so applied that the terms of these regulations will be strictly enforced.
3.
In exercising its powers, the Board of Adjustment, in conformity with the provisions of Texas Local Government Code sections 211.008–211.010, may modify in whole or in part any order, requirement, decision or determination [appealed from and may make such order, requirements, decision or determination] as ought to be made and shall have all the powers of the officer from whom the appeal is taken.
4.
The concurring vote of four (4) members of the Board shall be necessary to reverse, on appeal, any order, requirement, decision or determination of the enforcing officer, or to approve any application upon which it is required to pass under these regulations or to effect any variance in such regulations.
a.
A member shall disqualify himself from voting whenever he has a personal or monetary interest in the property under appeal, or will be directly affected by the decision of the Board.
b.
A member may disqualify himself from voting whenever any applicant, or his agent, has sought to influence the member’s vote on the appeal, other than in the public hearing.
M.
Approval of request:
1.
In approving any request, the Board may designate such conditions including time limits, if appropriate, in connection therewith in order to secure substantially the objectives of the regulation or provision to which variance is granted and provide adequately for the maintenance of the integrity and character of the zone in which such permit is granted.
2.
When necessary, the Board may require guarantees, in such form as it deems proper, to insure that conditions designated in connection therewith are being or will be complied with.
3.
Upon approval of a variance, the applicant shall apply for occupancy or construction permits within sixty (60) days after the Board’s decision, unless a greater time is requested in the application and is authorized by the Board. Any approval may be granted one (1) emergency extension of sixty (60) days on written request filed with the Board before expiration of the original approval. Failure of the applicant to apply for occupancy of [or] construction permits within the authorized time period shall void the right to secure such permits except upon the filing of a new application or appeal.
N.
Denial of request.
No application for variance or special exception shall be considered within one year of denial of a request for a variance on the same property.
O.
Appeal of Board action.
Any person or persons, jointly or separately, or any taxpayer, or any officer, department, board or bureau of the city aggrieved by any decision of the Zoning Board of Adjustment may present to the appropriate 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 ten (10) days after the filing of the decision complained of in the offices of the Board and not thereafter.
(Ordinance 614 adopted 5/24/07; Ordinance 677 adopted 1/22/09)