Stanton City Zoning Code
§ 9.04.020
Board of adjustment.
(a)
Appointments, vacancies and meeting times.
(1)
There is hereby created a board of adjustment consisting of five (5) members each to be appointed by the mayor subject to approval by a majority of the city council for a term of two (2) years and removal for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled by appointment by the original appointing authority of a suitable person to serve out the unexpired term of any member whose place on the board has become vacant for any cause.
(2)
A vacancy shall occur by operation of law and of this article as to any positions on the board of adjustment occupied by a member thereof if such member is absent from three (3) consecutive regularly scheduled meetings of the board of adjustment. Such vacancy shall be filled as herein provided.
(3)
The city administrator-secretary or other authorized representative shall act as secretary for the board and shall keep a record of meeting minutes, mail notices and keep a record thereof when required.
(4)
The board may adopt rules to govern its proceedings, provided, however, that such rules are in compliance with this article. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public.
(b)
Powers and duties.
(1)
Administrative review.
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the building inspector in the enforcement of this article.
(A)
Any person aggrieved, or any official or department of the governing body of the city affected by any decision or judgement of the building inspector concerning interpretation or administration of this article, may appeal such decision or judgement to the board of adjustment. Such appeals shall be taken within a reasonable time, not to exceed ten (10) days or such other period as may be provided by the rules of the board, by filing with the building inspector and with the board of adjustment a notice of appeal accompanied by a fee as established by the city council specifying the grounds thereof. The building inspector shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.
(B)
The board of adjustment shall fix a reasonable time for the hearing of appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing any party may appear in person or by agent or attorney.
(C)
An appeal stays all proceedings in furtherance of the action appealed from, unless the building inspector from whom the appeal is taken certifies to the board of adjustment after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the board of adjustment or by a court of record on application, on notice to the building inspector from whom the appeal is taken and on due cause shown.
(2)
Exceptions.
(A)
Conditions governing application and procedures.
To hear such exceptions or temporary use permits as the board of adjustment is specifically authorized to pass on by the terms of this article; to decide such questions as are involved in determining whether exceptions should be granted; and to grant exceptions with such conditions and safeguards as are appropriate under this article, or to deny exceptions when not in harmony with the purpose and intent of this article. An exception or temporary use permit shall not be granted by the board of adjustment unless and until:
(i)
A written application for an exception together with fee is submitted, accompanied by an accurate legal description, maps, site plans, drawings and any necessary data, indicating the section of this article under which the exception is sought and stating the grounds on which it is requested.
(ii)
Notice shall be given of such public hearing to the owner of the property for which the exception is sought or his agent and to all owners of real property lying within two hundred (200) feet of the subject property, such notice to be given not less than ten (10) days before the date set for hearing, to all such owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing same properly addressed and postage paid, via regular United States mail. Notice of the time and place of such hearing shall also be given by one (1) publication in the official newspaper at least ten (10) days prior to such hearing. Failure of owners to receive notice of hearing shall in no way affect the validity of action taken (the notice by publication in a newspaper with respect to temporary use permits on mobile homes shall not be required).
(iii)
The public hearing shall be held. Any party may appear in person, or by agent or attorney.
(iv)
The board of adjustment shall make a finding that it is empowered under the section of this article described in the application to grant the exception, and that the granting of the exception will not adversely affect the public interest.
(B)
In granting any exception, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this article. Violation of such conditions and safeguards, when made a part of the terms under which the exception is granted, shall be deemed a violation of this article and punishable under section 9.04.024 of this article. The board of adjustment shall prescribe a time limit within which the action for which the exception is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the exception.
(3)
Jurisdiction for exceptions.
When, in its judgement, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, the board of adjustment may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards, authorize the following special exceptions to the regulations herein established.
(A)
Permit the reconstruction, extension or enlargement of a building occupied by a nonconforming use on the lot occupied by such building provided such reconstruction does not prevent the return of such property to a conforming use.
(B)
Permit such modifications of the height, yard area and parking regulations as may be necessary to secure appropriate development of a parcel of land of such restricted area and shape that it cannot be appropriately developed without such modification.
(C)
Require the discontinuance of nonconforming uses under any plan whereby the full value of the structure 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 article. It is the declared purpose of this article that nonconforming uses be eliminated and be required to conform to the regulations prescribed in the preceding sections of this article, having due regard for the property rights of the person affected when considered in the light of the designated nonconforming use and the conservation and preservation of property. The board shall from time to time on its own motion or upon cause presented by the interested property owners inquire into the existence, continuation or maintenance of any nonconforming use within the city.
(D)
After the public hearing the board of adjustment may issue a temporary permit to park and occupy a mobile home in a district other than the Single-Family-2. Any such temporary permit shall be subject to:
(i)
A maximum of one (1) mobile home may be permitted on any single lot.
(ii)
The permit shall be valid for a maximum of one (1) year. At the expiration date the mobile home must be removed from the lot or application must be made for another permit.
(iii)
The permit shall be valid only for the applicant and shall not be transferable.
(iv)
The board of adjustment may specify any other conditions deemed necessary to protect the welfare of the adjacent property.
(4)
Variances.
Conditions governing applications and procedures: To authorize upon appeal in specific cases such variance from the terms of this article as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this article will result in unnecessary hardship, so that the spirit of this article shall be observed and substantial justice done. Such variances shall not be granted by the board of adjustment unless and until:
(A)
A written application for variance together with fees submitted, accompanied by an accurate legal description, maps, site plans, drawings and any necessary data, demonstrating:
(i)
That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district.
(ii)
That literal interpretation of the provisions of this article would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this article.
(iii)
That the special conditions and circumstances do not result from the actions of the applicant.
(iv)
That granting the variance requested will not confer on the applicant any special privilege that is denied by this article to other lands, structures or buildings in the same district.
(v)
No nonconforming use of neighboring lands, structures or buildings in the same district and no permitted use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.
(B)
Notice of public hearing shall be given.
(C)
The public hearing shall be held. Any party may appear in person or by agent or by attorney.
(D)
The board of adjustment shall make findings that the requirements of subsections (A)(i), (ii) and (iii) above are met.
(E)
The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.
(F)
The board of adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this article, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(i)
In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this article. Violations of such conditions and safeguards, when made apart of the terms under which the variance is granted, shall be deemed a violation of this article and punishable under this article.
(ii)
Under no circumstances shall the board of adjustment grant a variance to allow a use not permissible under the terms of this article in the district involved, or any use expressly or by implication prohibited by the terms of this article is said district.
(5)
Decisions of the board of adjustment.
(A)
In exercising the above-mentioned powers, the board of adjustment may, so long as such action is in conformity with the terms of this article, reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from and may make such order, requirements, decision or determination as ought to be made, and to that end shall have powers of the administrative official from whom the appeal is taken.
(B)
The concurring vote of seventy-five (75) percent of the members of the board attending shall be necessary to reverse any order, requirement, decision or determination of the building inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this article, or to effect any variation in the application of this article.
(6)
In addition to the above and foregoing powers, duties and responsibilities of the board of adjustment, and notwithstanding any of the provisions in regard thereto as herein provided, it shall have the powers as provided by the Acts of 1959, 56th Legislature, page 545, chapter 244, section 1, as 1,[1] the same being article 1011g, Vernon's Annotated Civil Code of the State of Texas, and such other powers and duties as may be prescribed by the legislature from time to time.
[1]
Editor's note–So in original.
(7)
Should any provision of this article pertaining to the powers, duties and responsibilities of the board of adjustment be held to be in conflict with the powers, duties and responsibilities of the board of adjustment as provided by the laws of the State of Texas, then notwithstanding the provisions of this article, the laws of the State of Texas pertaining to such powers, duties and responsibilities of the board of adjustment as duly enacted by the legislature of the State of Texas shall control.
(c)
Appeals from the board of adjustment.
Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment or any taxpayer or any officer, department or board of the municipality shall first present such matters to the city council and if the relief sought is not granted the person or persons so aggrieved may then present to a court of record a petition, duly verified, setting forth that such a decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the board and not thereafter.
(Ordinance 1053 adopted 6/11/1984; Ordinance adopting 2024 Code)