Winnsboro City Zoning Code
§ 31
Zoning Board of Adjustment.
31.1
Definition:
The word “Board” when used in this ordinance shall be construed to mean the Zoning Board of Adjustment.
31.2
Organization and Procedure:
1.
Establishment:
A Board of Adjustment is hereby established in accordance with the provisions of Article 1011g, Revised Civil Statutes of Texas, regarding the zoning of cities and with the powers and duties as provided in said statutes.
2.
Membership:
The Board shall consist of five citizens each to be appointed or reappointed by the Mayor and confirmed by the City Council, for staggered terms of two years respectively. Each member of the Board shall be removable for just cause by City Council upon written charges and after public hearings. Vacancies shall be filled by the City Council for the unexpired term of any member whose term becomes vacant. The Board shall elect its own chairman, who shall serve for a period of two (2) years or until his successor is elected. The City Council may appoint four (4) alternate members of the Board who shall serve in the absence of one or more regular members when requested to do so by the Mayor or City Manager [Administrator]. These alternate members, when appointed, shall serve for the same period as regular members when requested to do so by the Mayor or City Manager [Administrator]. [sic] These alternate members, when appointed, shall serve for the same period as regular members and any vacancies shall be filled in the same manner and shall be subject to removal as regular members.
3.
Rules and Regulations:
The Board shall adopt rules and regulations and keep minutes of its proceedings, showing the vote of each member. The Board designates the City Secretary or his/her designated representative in the absence of the City Secretary to keep records and minutes of Board meetings, to prepare and post notices of meetings, and to keep appropriate forms for persons to bring an appeal to the Board. The minutes and records shall be filed in the Official Records of the City of Winnsboro and are public records. Each person who attends a hearing, even as a member of the audience, should be asked to write his/her name on a sign-in sheet. Each person who speaks before the Board should also be carefully identified. The chairman or acting chairman may compel the attendance of witnesses. If this becomes necessary, the City Secretary will complete necessary documentation to comply with Board direction. The chairman or acting chairman may administer oaths to witnesses who testify to ensure due process and a fair hearing. Cross examination and rebuttal of the witnesses by adverse parties if requested is required to ensure due process and fair hearing. The Board must decide each appeal within a reasonable time and parties have ten (10) days to appeal a decision of the Board to the District Court.
4.
Meeting:
Meeting of the Board shall be held at the call of the chairman and at such other times as the Board may determine. All meetings, hearings or proceedings shall be heard by at least four (4) members of the Board.
31.3
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. 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 hearing notice and due notice to the parties in interest.
4.
Decision by Board:
The Board shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The Board may reverse or affirm wholly or partly or may modify the order, requirements, decisions or determination as in its opinion ought to be made in the premises and to that end, shall have all powers of the officer or department from whom the appeal is taken.
5.
Required Concurring Vote for Revisions of Prior Decisions:
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 [applicant] on any matter upon which it is required to pass under this ordinance or to affect [effect] any variance in said ordinance.
31.4
Powers and Duties of Board:
1.
Subpoena Witnesses, 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 ordinance.
a)
Permit the erection and use of a building or the use of premises for railroads if such uses are in general conformance with the Master Plan and present no conflict or nuisance to adjacent properties.
b)
To permit a public utility or public service or structure in any district, or a public utility of [or] public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety, or general welfare.
c)
To grant a permit for the extension of a use, height or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership on the effective date of this ordinance.
d)
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 seventy-five (75) percent of its fair market value, where the Board finds some compelling necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly.
e)
Waive or reduce the parking and loading requirements in any of the districts, whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
3.
Variances:
Irrespective of any other language contained in this ordinance to the contrary, the Board of Adjustment shall have the power to grant variances from the operation of any provisions of this ordinance except provisions relating to penalties and the enforcement of violations. An application or request for a variance shall not be heard or granted with regard to any parcel of property or portion thereof upon which a concept plan, detail site plan or development plan, preliminary plat or final plat, when required by this ordinance for any parcel of property or portion thereof, has not been finally acted upon by both the Planning & Zoning Commission and the City Council. The administrative procedures and requirements of this ordinance, with regard to both Planning & Zoning Commission and City Council consideration and action, on Concept Plans, Detail Site Plans, Preliminary Plats and Final Plats, must be exhausted prior to requesting a variance from the terms of this ordinance.
The Board shall have the power to authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship and so that the spirit of this ordinance shall be observed and substantial justice done, including the following:
a)
Permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare.
b)
Authorize upon appeal, whenever a property owner can show that a strict application of the terms of this ordinance relating to the construction or alterations of buildings or structures will impose upon him unusual and practical difficulties or particular hardship, such variances from the strict application of the terms of this ordinance as are in harmony with its general purpose and intent, but only when the Board is satisfied that a granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance from the standards or regulations established by this ordinance and at the same time, the surrounding property will be properly protected.
c)
A written application for variance shall be submitted together with a fee of $250.00, 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 ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance.
iii)
That the special conditions and circumstances do not result from the actions of the applicant.
d)
That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures or buildings in the same district.
e)
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.
f)
Financial hardship shall not be considered grounds for the issuance of a variance.
4.
Changes:
The Board shall have no authority to change any provisions of this ordinance 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 773-2003 adopted 5/13/03; Ordinance 951-2016 adopted 1/12/16)