Whitney City Zoning Code
§ 14.02.033
Zoning board of adjustment.
(a)
The word "board" when used in this article shall be construed to mean the zoning board of adjustment.
(b)
Authority and procedure.
(1)
Authority.
The city council is granted the authority to act as the board under this section.
(2)
Rules and regulations.
(A)
The board shall adopt rules and regulations and keep minutes of its proceedings, showing the vote of each member. The board shall adopt from time-to-time such additional rules and regulations as it may deem necessary to carry into effect the provisions of the ordinance with approval of the city council, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and orders shall be in accordance therewith.
(B)
All proceedings of the board shall be a public record, and all meetings shall be open to the public, except as specified by state law.
(3)
Meetings.
Meetings of the board shall be held at the call of the chair. The chair or acting chair may administer oaths and compel the attendance of witnesses. All meetings, hearings or proceedings shall be heard by at least four (4) members or alternate members of the board.
(c)
Appeals.
(1)
Procedure.
Appeals may be taken to and before the board of adjustment by any person aggrieved, or by any officer, department, board, or bureau of the city in accordance with section 211.010, Tex. Loc. Gov't Code. Such appeal shall be made and specifying the grounds thereof. The office or department from which the appeal is taken shall forthwith transmit to the board of adjustment all of the minutes constituting the record upon which the action appealed from was taken.
(2)
Stay of proceedings.
An appeal shall stay all proceedings in furtherance of the action appealed from unless the building inspector shall certify to the board of adjustment that by reason of facts in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of equity, after notice to the office from whom the appeal is taken and on due cause shown.
(3)
Notice of hearing on appeal.
The board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall give public notice of such hearing and due notice to parties in interest. Depositing of such written notice in the mail shall be deemed sufficient compliance therewith.
(4)
Decision by board.
Any party may appear in person or by agent or attorney. The board may reverse wholly or partly or may modify the order, requirements, decisions or determination as in its opinion ought to be made in the premises. The board shall decide on the appeal at the next meeting for which notice can be provided following the hearing and not later than the 60th day after the date the appeal is filed.
(5)
Vote.
The concurring vote of four (4) members of the board shall be necessary to revise any order, requirement, decision or determination of any such administrative official or to decide in favor of the application on any matter upon which it is required to pass under this article or to affect any variance in said ordinance.
(d)
Powers and duties of board.
(1)
Subpoena witness, etc.
The board shall have the power to subpoena witnesses, administer oaths and punish for contempt, and may require the production of documents, under such regulations as it may establish.
(2)
Appeals based on error.
The board shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirements, decision or determination made by the building inspector in the enforcement of this article.
(3)
To permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, Act of God, or the public enemy, to the extent of more than ninety (90) percent of its fair market value, where the board finds some compelling necessity requiring a continuance of the nonconforming use.
(4)
To waive or reduce the parking and loading requirements in any of the districts, when
(A)
The character of use of the building is such as to make unnecessary the full provision of parking or loading facilities; or
(B)
When such regulations would impose an unreasonable hardship upon the use of the lot. The board shall not waive or reduce such requirements merely to the purpose of granting an advantage or a convenience.
(5)
Variances.
(A)
Authority.
The board shall have the power to authorize variances from the terms of this article if the variance is not contrary to the public interest owing and due to special conditions, a literal enforcement of the provisions of this article will result in unnecessary hardship, and so that the spirit of this article shall be observed and substantial justice done.
(i)
Special conditions mean an irregular shape of the lot, topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare;
(ii)
Financial hardship shall not be considered grounds for the issuance of a variance.
(B)
Application.
A written application for a variance shall be submitted together with the required fee set forth in the comprehensive fee schedule, accompanied by an accurate legal description, maps, site plans, drawings, and any necessary data.
(C)
Findings.
The board shall not grant a variance unless it finds:
(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 zoning district;
(ii)
That literal enforcement of the provisions of this article will create an unnecessary hardship in the development of the affected property;
(iii)
That the situation or hardship is not self-imposed;
(iv)
That granting the variance requested will not confer on the applicant and special privilege that is denied by this article to other lands, structures, or buildings in the same district; and
(v)
That the granting of the variance will be in harmony with the spirit and purpose of the zoning ordinance.
(6)
Changes.
The board shall have no authority to change any provisions of this article and its jurisdiction is limited to time. The board may not change the district designation of any land either to a more restrictive or less restrictive zone.
(Ordinance 2020-12 adopted 7/20/2020; Ordinance 2024-12-01 adopted 12/19/2024)