Trenton City Zoning Code
XVIII PROCEDURES
AND ADMINISTRATION FOR THE ZONING BOARD OF ADJUSTMENTS.
18.1
Creation and Membership.
As a Type A general-law municipality, the governing body is hereby granted the authority to act as the zoning board of adjustments for the City of Trenton.
18.2
Authority of board.
A.
The zoning board of adjustments shall have the authority, subject to the standards established in V.T.C.A., Local Government Code §§ 211.008 to 211.011 and those established herein, to exercise the following powers and perform the following duties:
1.
Hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter;
2.
Hear and decide special exceptions as authorized by this Article;
3.
Authorize in specific cases a variance to regulations as authorized by this Article if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the regulation would result in unnecessary hardship, and so that the spirit of this chapter is observed and substantial justice is done; and
4.
Reinstate a nonconforming use, authorize the expansion of a nonconforming use or a change from one nonconforming use to another nonconforming use.
B.
In exercising its authority under this Article, 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.
C.
The concurring vote of seventy-five (75) percent of the board is necessary to:
D.
The board shall have no power to:
1.
Grant a variance authorizing a use other than those permitted in the district with the exception of a change from one nonconforming use to another nonconforming use;
2.
Grant or modify conditional use authorizations as described in this chapter;
3.
Grant a zoning amendment; or
4.
Take any action not specifically authorized by this chapter or state law.
18.3
Appeals.
A.
An appeal may be taken from the decision of an administrative official in the enforcement of this chapter by an applicant for the permit on which the decision is rendered, by any person or persons directly aggrieved by the decision or by any officer, department, board or office of the municipality affected by the decision.
B.
The appellant must file with the board and the official against whom the appeal is taken a written notice of appeal specifying the grounds for the appeal not later than the 20th day after the date the administrative official's decision has been rendered. The officer to whom the appeal is made shall forthwith transmit to the board all papers constituting the record of the action that is appealed.
C.
An appeal shall not authorize the denied activity and stays the appellant from proceeding in furtherance of the appeal unless the official from whom the appeal is taken certified in writing to the board that facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the board or a court of record on application, after notice to the official, if due cause is shown.
D.
The appellant party may appear at the appeal hearing in person or by agent or attorney.
E.
The board shall decide the appeal following the hearing and not later than the 60th day after the date the appeal is filed. 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.
F.
Accessory buildings - Authorization to exceed the maximum allowed floor area subject to the following conditions:
18.4
Special exceptions.
The zoning board of adjustments may grant a special exception to the following development standards subject to the associated criteria enumerated in this Division [Article] if the board finds it will not be detrimental to the public health, safety or welfare, or injurious to other property within the area.
A.
Off-street parking -
Authorization of a reduction in the number of off-street parking spaces required by this chapter if the board finds that the parking demand generated by the use does not warrant the number of off-street parking spaces required, and the special exception would not create a traffic hazard or increase traffic congestion on adjacent or nearby streets. The maximum reduction authorized shall be in accordance with the following land uses:
1.
Commercial amusement and similar entertainment uses:
Seventy-five (75) percent of the required number of parking spaces or provide one (1) space, whichever is greater.
2.
Manufacturing, storage, and warehousing uses:
Seventy-five (75) percent of the required number of parking spaces or provide one (1) space, whichever is greater.
3.
Office:
Thirty-five (35) percent of the required number of parking spaces or provide one (1) space, whichever is greater.
4.
All other uses:
Twenty-five (25) percent of the required number of parking spaces or provide one (1) space, whichever is greater.
B.
Minimum yard requirements for main buildings -
Limited to a maximum encroachment of two (2) feet due to a field, survey, or construction error.
C.
Minimum lot area, lot width and lot depth -
Limited to parcels that became nonconforming as a result of zoning, platting, property acquisition, or roadway or utility construction initiated by the city, state, county or federal government.
18.5
Variances.
A.
The zoning board of adjustments may grant a variance to the front yard setback, side yard setback, rear yard setback, lot width, lot depth, lot coverage, height, off-street parking or off-street loading, screening of garage bays and mechanical equipment, or landscape regulations.
B.
In order to grant a variance, the zoning board of adjustments shall find that an unnecessary hardship exists utilizing each of the following criteria:
1.
That literal enforcement of the regulation will create practical difficulty in the development of the affected property;
2.
That the situation is not self-imposed, self-created, nor based solely on economic gain or loss to the applicant;
3.
That the relief sought neither affects all or most property in the same zoning district nor injures the permitted use of adjacent conforming property;
4.
That the granting of a variance will be in harmony with the spirit and purpose of this chapter; and
5.
That the granting of the variance will not be detrimental to the public health, safety or welfare.
C.
In order to grant a variance for a structure, the zoning board of adjustments may consider the following as grounds to determine whether compliance with the ordinance as applied to a structure would result in unnecessary hardship:
1.
The financial cost of compliance is greater than 50 percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the municipality under Section 26.01, Tax Code;
2.
Compliance would result in a loss to the lot on which the structure is located of at least 25 percent of the area on which development may physically occur:
3.
Compliance would result in the structure not being in compliance with a requirement of a municipal ordinance, building code, or other requirement;
4.
Compliance would result in the unreasonable encroachment on an adjacent property or easement; or
5.
The municipality considers the structure to be a nonconforming structure.
D.
The applicant bears the burden of proof in establishing the facts justifying the variance.
18.6
Expansion of nonconforming uses.
The board may authorize the expansion of a nonconforming use if it finds that the nonconforming use:
A.
Is limited to a maximum of ten (10) percent of the gross floor area of the interior or exterior to the structure where the nonconforming use is occupied, a maximum of ten (10) percent of the impervious coverage on the property where the nonconforming use is occupied, or a maximum of ten (10) percent of any other area designated for the nonconforming use;
B.
Does not increase the number of residential units as a result of the expansion of a nonconforming use;
C.
Does not prolong the life of the nonconforming use;
D.
Would have been permitted under the zoning regulations that existed when the current use was originally established by right; and
E.
Will not have an adverse effect on the surrounding area.
18.7
Changing from a nonconforming use to another nonconforming use.
The board may authorize a change from one nonconforming use to another nonconforming use if it finds that the change to a new use:
18.8
Consideration of Application.
A.
Application and fee -
An application for consideration by the board of adjustment shall be in writing using forms provided by the city accompanied by a fee.
B.
Notice and hearing -
The zoning board of adjustment shall hold public hearings on all applications no later than sixty (60) days after the date the application is filed.
C.
Judicial review -
Any person or persons, jointly or severally, aggrieved by a decision of the board of adjustment, or any taxpayer, the city, 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 the illegality, as stated in V.T.C.A., Local Government Code § 211.011. Such petition must be presented within ten (10) days after the date the decision is filed with the City Secretary.
[Ordinance 584 adopted 12/6/2023]