West Lake Hills City Zoning Code

The applicant has established by competent evidence that:

The action of the board of adjustment shall include a consideration of whether:

In determining whether the condition described in subsection (a)(1) [sic] has been established with respect to a structure that is the subject of the application, the board may also consider the grounds set forth in section 38.02.006(c).

Variances from the terms of this chapter should be granted sparingly.

Deviations from the requirements of this chapter are justified only where the hardship resulting from their application is substantial.

Usually, the granting of a variance must be predicated on a finding that the applicant’s hardship arises from unusual conditions or circumstances, such as exceptional irregularity of shape or topography, which are peculiar to the parcel of land involved and not shared generally by other parcels in the neighborhood or district, or because no other reasonable alternative is available that will alleviate the unnecessary hardship complained of.

Normally, a variance is to be denied if conditions or circumstances relied on for a variance were self-created by the person having an interest in the property in disregard of city regulations.

The variance shall not violate the goals of the master plan for the city.

The variance shall not have an adverse effect on neighborhood properties or unreasonably interfere with the respective owners’ enjoyment thereof.

The fact that lots, structures, uses or dimensional conditions on properties or structures within 200 feet of the property involved are, because they are nonconforming or because of previously granted variances, similar to the condition which would be created by the variance requested shall be relevant to, but not determinative of, the granting of the requested variance.

See section 22.03.009(c) for variances to enable the efficient use of solar energy devices.

When considering variance requests for nonresidential projects, whether granting the variance furthers achievement of the land planning principles set forth in the City’s Master Plan, Attachment “B,” as codified in the Code of Ordinances.

An application for a variance shall be made in writing in a form prescribed by the city administrator and shall be accompanied by a site plan and additional information as may be requested in order to properly review the application. Such information may include but is not limited to survey, site and building plans, and contour maps. If the applicant is not the legal owner of the property, a statement from the owner that the applicant is the authorized agent of the owner should be provided with the application.

Either the city administrator or the city administrator’s representative may visit the site where the proposed variance will apply and the surrounding area and shall report any findings to the board of adjustment.

The board shall review each application for a variance at a public hearing after receiving findings and any information from staff.

The board shall not grant a variance unless it finds, based on competent evidence, that each of the conditions in section 38.05.032 has been established. The board shall make its findings in writing and shall follow the requirements of section 38.02.009.

The board of adjustment may impose such conditions, limitations and safeguards as it deems appropriate upon the grant of any variance. Violation of any such condition, limitation or safeguard shall constitute a violation of this chapter.

Any rights authorized by a variance which are not exercised within one year from the date of granting such variance shall lapse and may be reestablished only after notice and a new hearing pursuant to this division. The city administrator may waive the requirement for the payment of fees for such variance renewal application if there has been no material change of conditions pertaining to the property since the granting of the first variance. Variances originally granted concurrently and in connection with a change of a zoning designation as set forth in section 38.05.097 shall expire when and if the zoning designation expires.

If work requiring a variance is begun or completed before obtaining approval of the variance, the city administrator shall investigate the circumstances of the failure to obtain such a variance and make the report a part of the variance request application. A stop-work order shall be in effect until a decision on approval or denial is made. Approval of such variance by the board of adjustment shall not preclude the responsible party from being cited for a violation of this chapter and being prosecuted in municipal court pursuant to section 38.05.064. If the variance application(s) are denied or withdrawn prior to approval, the applicant has ten (10) days to bring the property into compliance. If the deviation(s) are not corrected within the ten (10) days or timeframe agreed to, in writing, by the city administrator, immediate enforcement action described by section 2.02.041 of this code may be taken to bring the property into compliance. A resulting conviction in municipal court shall not relieve any person from fully complying with any other requirement of this chapter.

Waivers from the drainage and erosion control design manual shall follow the procedure included in section 22.03.511(d).

The board shall hold a public hearing on applications for a variance.

Written notice of such hearing shall be given to the owners of all real property located within three hundred (300) feet in all directions of the property that is the subject of the hearing, regardless of whether the neighboring property is within the city limits or ETJ. For nonresidential variances, written notice of the hearing shall be given to the owners of all real property located within 300 feet in all directions of the property that is the subject of the hearing, regardless of whether the neighboring property is within the city limits or ETJ. Notice shall be given not less than sixteen (16) days prior to the date of the hearing by depositing a copy of the notice in the mail addressed to each owner at the owner's address shown on in the Travis Central Appraisal District database, with postage paid.

Such notice shall state the purpose, date, time and place of the hearing and shall contain a brief description of the proposed development, including its nature, scope and location. The notice shall also describe any variances the applicant has requested and shall state the location and times at which the applications and supporting documents are available for public inspection.

The city shall be responsible for drafting the notice and serving it after it has been approved by the city administrator for form and content.

A sign shall be posted per Section 38.05.002.

Notice shall not be sent out until a city official (e.g., city inspector or city engineer) has reviewed the submitted and completed application for a variance.

Any person who violates any provision of this chapter or any order made under the authority of this chapter, or who causes or permits any such violation, or who fails to perform any act required under this chapter, or who does any prohibited act or takes any action contrary to the final site plans approved by the city council or fails to take any action required by such site plan, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than $2,000.00. Each and every day on which any violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

Any person who violates any provision of this chapter is subject to a civil penalty of not less than $100.00, or more as permitted by law, for each act of violation and for each day of violation.

The owner or tenant of any building, structure or premises and any architect, builder, contractor, agent or other person who knowingly commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties provided in this section, and shall likewise be subject to civil penalties as provided in this section.

Amendments to this chapter shall be made by the city council in accordance with the provisions of this section.

The city council shall not enact any amendment to this chapter without first having received a report and recommendation from the zoning and planning commission and having held a public hearing on the proposed amendment.

Amendments to this chapter shall be of two types:

All amendments shall conform to the goals and standards and the land use map of the comprehensive plan of the city. Zoning classification changes that do not conform to the land use map in the comprehensive plan of the city are permitted only under the circumstances and conditions specified in this division.

A request to change the zoning classification of a particular parcel of land may be initiated by the owner of such parcel or the zoning and planning commission. The city council, however, may initiate a proposed change on its own motion without such request.

The city administrator shall review each application for a zoning change and prepare a brief report on whether the requested change conforms to the classification specified in the land use map of the comprehensive plan of the city for such parcel. If the requested change does not conform to the comprehensive plan, the city administrator’s report may indicate whether any significant and unanticipated changes have occurred in the area of the affected parcel since the classification on the land use map was adopted which make it unlikely that such parcel can be developed or used for any use permitted under the zoning classification indicated for such parcel in the comprehensive plan. The report shall also indicate whether the requested zoning classification is the most appropriate classification for the area affected. The report shall also make a determination as to whether the zoning classification is designed to promote those values set forth in section 38.05.094(d) of the Code.

The city council, by motion, may initiate a proposal to amend the general provisions of this chapter.

No amendment to this chapter shall be enacted without a report and recommendation from the zoning and planning commission.

Changes to the zoning ordinance, including zoning regulations, restrictions, and boundaries, may from time to time be adopted at the request of a property owner (or the owner’s designated agent, tenant, or a prospective buyer), or initiated by the zoning and planning commission, city council, or city staff.

The zoning and planning commission shall hold a public hearing on its preliminary report prepared by the city administrator/staff for all zoning changes or general amendments to this chapter proposed.

The city council shall hold a public hearing on all proposed zoning classification changes and general amendments to this chapter before acting thereon. This hearing shall not be held until a final report is received from the zoning and planning commission.

Within 45 days of approving or denying a zoning change, the city council shall, in writing, explain its factual findings for the decision to approve or deny the request for rezoning. The written factual findings shall be filed in the office of the city secretary. The city council shall send a letter containing the factual findings to the applicant.

Up to a maximum of 5% relief from any numerical standard for permitted work with identified "after-the-fact" construction errors. This relief is not available at the building permit stage, but only to correct construction errors.

That granting the administrative exception serves an obvious and needed purpose.

That granting the administrative exception will ensure an equal or better level of design or land use compatibility as the otherwise applicable standards.

That granting the administrative exception will not materially and adversely affect adjacent land uses and the physical character of development in the immediate vicinity of the proposed project.

That granting the administrative exception will be consistent with the purposes and intent of the zoning ordinance and comprehensive plan.

The condition is not intentionally self-created.

The condition does not result from a disregard of the approved plans, specifications, or applicable code requirements.

An application for an administrative exception must be made in writing in a form prescribed by the city administrator, accompanied by a site plan and additional information as may be requested in order to properly review the application. Such information may include but is not limited to survey, site and building plans, and contour maps. If the applicant is not the legal owner of the property, a statement from the owner that the applicant is the authorized agent of the owner should be provided with the application.

Either the city administrator or the city administrator's representative may visit the site where the proposed administrative exception will apply and the surrounding area and prepare a site report on the conditions affecting the request for administrative exception.

The city administrator will review each application for an administrative exception and the accompanying site report.

The city administrator must not recommend approval of an administrative exception unless they find, based on competent evidence, that each of the interpretive criteria herein has been established. The burden of establishing such conditions is on the applicant.

The city administrator must make their findings and recommendations in writing. The report must show that the conditions herein have or have not been satisfied.

The city administrator may impose such conditions, limitations and safeguards as they deem appropriate upon the grant of any administrative exception. Violation of any such condition, limitation or safeguard shall constitute a violation of this chapter.

Any rights authorized by an administrative exception that are not exercised within one year from the date of granting such exception will lapse and may be reestablished only through re-application and approval of a new administrative exception. The city administrator may waive the requirement for the payment of fees for such renewal application if there has been no material change of conditions pertaining to the property since the granting of the first administrative exception.

If work requiring an administrative exception is begun or completed before obtaining approval of the exception, the city administrator will investigate the circumstances of the failure to obtain the administrative exception. A stop-work order will be in effect until a decision on approval or denial is made. Approval of such administrative exception by the city administrator does not preclude the responsible party from being cited for a violation of this chapter and being prosecuted in municipal court pursuant to section 38.05.064. If the administrative exception application is denied or withdrawn prior to approval, the applicant has 10 days to bring the property into compliance. If the deviations are not corrected within the 10 days or timeframe agreed to, in writing, by the city administrator, immediate enforcement action described by section 2.02.041 [2.02.043] of this code may be taken to bring the property into compliance. A resulting conviction in municipal court will not relieve any person from fully complying with any other requirement of this chapter.