Vernon City Zoning Code
ARTICLE V
BOARD OF ADJUSTMENT
§ 501.1 Organization.
A.
Creation.
There is hereby created a board of adjustment to be composed of five (5) regular members and two (2) alternate members who shall be qualified electors of the city. It is the declared policy of the city commission that it will consider and appoint only those persons who have demonstrated their civic interest, general knowledge of the community, independent judgment, and availability to prepare for and attend meetings.
B.
Terms of office.
The terms of three (3) regular and of one (1) of the alternate members shall expire in each odd numbered year and the terms of two (2) regular and one (1) of the alternate members shall expire in each even numbered year. The regular members of the board shall be identified by place numbers one (1) through five (5). The odd numbered places shall expire in the odd numbered years and the even numbered places shall expire in the even numbered years. board members may be reappointed by the city commission.
C.
Vacancy.
Vacancies shall be filled for unexpired terms; no member shall be appointed for a term in excess of two (2) years. A vacancy in a term of office shall occur whenever a member resigns or has been removed by the city commission for the following reasons:
1.
Has repeatedly failed to attend properly called meetings of the board of adjustment without just cause; or
2.
Has been guilty of malfeasance or misconduct in office, and based upon such finding has removed the member from office;
3.
Whenever the city commission finds that a member is not adhering to established policy of the city commission for any cause.
D.
Organization.
The board of adjustment shall hold an annual organizational meeting and shall elect a chairperson and vice-chairperson from among its members before proceeding to any other matters of business. The enforcing officer shall be the secretary of the board. The board shall meet at the call of the chairperson and shall designate the time and place of its meetings. The board shall adopt its own rules of procedure and keep a record of its proceedings in accordance with the state statutes and these regulations. Newly appointed members shall be installed at the first regular meeting after their appointment.
E.
Meetings and quorum.
Four (4) members of the board of adjustment shall constitute a quorum for the conduct of business. The members of the board shall regularly attend meetings and public hearings of the board and shall serve without compensation, except for reimbursement for authorized expenses attendant to the performance of their duties.
(Ordinance 1481 adopted 5/26/07)
§ 501.2 Duties and powers.
The board of adjustment shall have the powers and exercise the duties of a board in accordance with article 1011g, Revised Civil Statutes of Texas. Board members are representatives of the city and shall have the right to inspect premises at reasonable times unless prior written notice is given where required in the discharge of their responsibilities under the laws of the State of Texas 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:
A.
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 matters.
B.
Variance.
To authorize upon appeal in specific cases such variance from the development controls set forth in these regulations as will not be contrary to public interest. In reaching it’s decision, the board shall not grant the variance appeal if it finds:
1.
That literal enforcement of the controls will not create an unnecessary hardship or practical difficulty in the development of the affected property, or
2.
That the situation causing the hardship or difficulty is either self-imposed or generally affecting all or most properties in the same zoning district; or
3.
That the relief sought will injure the permitted use of adjacent conforming property; or
4.
That the granting of the variance will not be in harmony with the spirit and purposes of these regulations.
Any variance granted by the board of adjustment shall terminate automatically 1) when the specified period of use has expired, or 2) when the use ceases to be in full compliance with any condition imposed by the board, or 3) when the use has been abandoned for six (6) months. |
(Ordinance 1481 adopted 5/26/07)
§ 501.3 Procedure.
A.
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, or board of the city affected by the decision of the enforcing officer. Such appeal shall be taken within fifteen (15) days time after the decision has been rendered, by filing with both the enforcing officer and the board of adjustment 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 and will notify city manager and city attorney.
B.
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 of adjustment or by court of record on application and notice to the enforcing officer from who the appeal is taken.
C.
For of appeal or application.
The appeal or application shall be in such form and shall contain such information as the board of adjustment may require under its Rules of Procedure. It shall be accompanied by the required minimum 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.
D.
Notice of hearing.
Official written notice of public hearings 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, or the person rendering the same for taxes, affected by such application, located within two hundred (200) feet of any property affected thereby, within not less than 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 hearing on requests for interpretation of regulations applying to more than one property and ownership shall be given by means of a general notice as provided in section 501.4.
(Ordinance 1481 adopted 5/26/07)
§ 501.4 Hearing and decision.
A.
General.
1.
The board of adjustment shall fix a reasonable time to hear an appeal, give public notice and render a decision within a reasonable time. Upon the hearing, any party may appear in person or by represented attorney or agent. Evidence supporting the approval or denial of an appeal shall be submitted through the enforcing officer or to the board of adjustment in a 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 public hearing notice and prior to board action without formal consent of the board.
B.
Decision and voting.
1.
Every decision of the board of adjustment 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 herein contained shall be construed to empower the board of adjustment 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 article 1011a through 1011j of the Revised Civil Statutes of Texas, may modify in whole or in part any order, requirement, 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 of adjustment 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 said regulations.
5.
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.
C.
Approval of request.
1.
In approving any request, the board of adjustment may designate such conditions in order to substantially secure the objectives of the regulations or provision to which such variance is granted and to provide adequately for the maintenance of the integrity and character of the zone in which such permit is granted.
2.
The board of adjustment may require guarantees, to ensure that conditions designated are being or will be complied with. Where any condition under which a request has been granted appears to have been violated, the board of adjustment may hold public hearings to determine whether the permit shall be terminated.
3.
When an application is approved for a variance appeal, the applicant shall apply for occupancy or construction permits within sixty (60) days unless a greater time is authorized by the board. An emergency extension of sixty (60) days may be granted on written request filed with the Board before expiration of the original approval. Failure to do so shall void the right to secure such permits except upon the filing of a new application or appeal.
D.
Denial of request.
No appeal or application that has been denied shall be further considered by the board of adjustment under a subsequent request unless:
E.
Appeal of board of adjustment action.
Any person or persons, jointly or separately, aggrieved by any decision of the board of adjustment or any taxpayer, 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 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 of adjustment and not thereafter.
(Ordinance 1481 adopted 5/26/07)