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HomeMy WebLinkAboutOrdinance No. 22Ordinance Number 0022 AN ORDINANCE ESTABLISHING A BOARD OF ADJUSTMENT FOR THE CITY OF THE COLONY, TEXAS, AND PROVIDING FOR ITS MEMBERSHIP, ORGANIZATION, AND DUTIES. WHEREAS, THE CITY COUNCIL HEREBY FINDS AND DETERMINES THAT IT IS NECESSARY AND DESIRABLE TO ESTABLISH A BOARD OF ADJUSTMENT AND PROVIDE FOR ITS MEMBERSHIP PURSUANT TO ARTICLE 10119 VERNON'S ANNOTATED TEXAS STATUTES3 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section One. Creation: There is hereby created and established a Board of Adjustment in and for the City of The Colony, Texas. Section Two. Membership: The Board of Adjustment shall consist of five (5) members and one alternate member. The five (5) members of the Board of Adjustment shall be the five (5) alderman who are serving on the City Council. The alternate member of the Board of Adjustment shall be the Mayor of the City Council. Members and alternate members of the City Council shall be removable for cause from the Board of Adjustment by written charges signed by at least three (3) members of the Board of Adjustment and after public hearing. The alternate member of the Board of Adjustment shall serve in the absence of one or more regular members when requested to do so by the Chairman of the Board of Adjustment. All cases to be heard by the Board of Adjustment will always be heard by a minimum number of four (4) members. Section Three. Powers Duties and Procedures: (a) The Board shall adopt rules in accordance with the provisions of this ordinance. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Such Chairman, or in his absence the acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the -1- public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. (b) Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers consti- tuting the record upon which the action appealed from was taken. (c) An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case pro- ceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown. (d) The Board of Adjustment shall hold a hearing within thirty (30) days from the date of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within sixty (60) days from the date of the hearing. Upon the hearing any party may appeaa in person or by agent or by attorney. (e) The Board of Adjustment shall have the following powers: -2- 1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or deter- mination made by an administrative official in the enforcement of the Building Code Ordinance or any other Regulatory Code Ordinance, including enforcement of Article 1011a - 1011j, Vernon's Annotated Texas Civil Statutes or any ordinance adopted pursuant thereto. 2. To hear and decide special exceptions to the terms of zoning ordinances upon which such Board is required to pass under such ordinances. 3. To authorize upon appeal in specific cases such variance from the terms of zoning ordinances as will not be contrary to the public interest, where, owing to special condi- tions, a literal enforcement of the provisions of the zoning ordinances will result in unnecessary hardship, and so that the spirit of the zoning ordinances shall be observed and substan- tial justice done. (f) In exercising the above mentioned powers such Board may, in conformity with the provisions of this ordinance and Articles 1011a - 1011j, VATS, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. (g) The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinances or to the effect any variation in such ordinances. (h) Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the municipality, M -M 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. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the Board. Section Four. Severability: That if any section or part of this ordinance that is in conflict with any law of the State of Texas, or hereafter adjudged invalid or unconstitu- tional by a court of competent jurisdiction, such adjudication or conflict shall not affect the validity of this ordinance as a whole, nor any section or part thereof not so adjudged in- valid or unconstitutional or in conflict with any law of the State of Texas. This ordinance is declared to be for the General Welfare. PASSED AND APPROVED at the City of The Colony, Texas, at a Regular Meeting of the City Council, on the day of 1977. ATTEST: City Secretary City of The Colony, Texas (S E A L) Mayor z� City of The Colony, Texas -4-