Zoning Board of Adjustment Bylaws CHARTER Art. VIII, §3
Section 2. Boards and Commissions Enumer- and regulations shall be prescribed for the func-
ated. tioning of the board consistent with the laws of
A. Planning and Zoning Commission. There is the State of Texas and the building codes of the
hereby established a planning and zoning com City of Wylie.
mission, whose purpose, composition, function,
duties and tenure shall be as set out in Article IX E. Other Boards and Commissions. The city
of this Charter. council shall have the power and is hereby autho-
rized to create, abolish, establish and appoint
B. Parks and Recreation Board. The city coun- such other boards, commissions and committees
cil shall appoint a parks and recreation board of as it deems necessary to carry out the functions
seven members who shall be qualified voters to and obligations of the city. The city council shall,
work in an advisory capacity to the city council in by ordinance, prescribe the purpose, composition,
the planning and development of parks and rec- functions, duties, accountability and tenure of
reation facilities and regulations governing their each such board, commission and committee.
use. Members of the board shall be appointed for (Res. No. 98-11(R), prop. 17, 5-12-1998)
two year terms with three members' terms expir- Editor's note—The statute cited in subsection D is now
ing in even-numbered years and four members' V.T.C.A.,Local Government Code§211.008 et seq.
terms expiring in odd-numbered years. Members
of the board shall elect a chairman, each July,
from their membership and shall meet at the call Section 3. General.
of the chairman or at the request of the city
council. The city manager shall appoint a staff A. Open Meetings. All meetings of any board,
representative to the board. commission, or committee created, established or
appointed by this Charter or the city council shall
C. Library Board. The city council shall ap- be open to the public, unless otherwise permitted
point a library board consisting of seven members by law and shall be subject to both current and
who shall be qualified voters who shall serve for a future laws of the State of Texas concerning
term of two years with three members' terms public meetings.
expiring in even-numbered years and four mem-
bers'terms expiring in odd-numbered years.Mem- B. Appeals to City Council. Subject to the
bers of the board shall elect a chairman, each provisions of any law of the State of Texas and to
July, from their membership and shall meet at the county, an appeal may be taken to the city
the call of the chairman or at the request of the council from any decision of any board, commis-
city council. The city manager shall appoint a sion, committee or other body except from deci-
staff representative to the board. sions of the board of equalization, or board of
D. Board of Adjustment and Appeals. The city adjustments. Such appeals shall be perfected by
council shall appoint a board of adjustment and filing a sworn notice of appeal with the city
appeals of five members and two alternate mein- secretary within 30 days from the rendition of the
bers who shall serve in accordance with Vernon's decision of the board, committee or other body.
Ann. Civ. St. art. 1011g. Members of the board Prior to the institution of any appeal in a court of
shall be qualified voters of the city and shall be law by an aggrieved person from a decision of
appointed for two year terms with three members' such board, commission, committee or other body,
terms expiring in even-numbered years and two appeal must be first perfected to the city council.
members' terms expiring in odd-numbered years.
Members of the board shall elect a chairman each C. Compensation. Subject to the provisions of
July from their membership and shall meet at the any law of the State of Texas or this Charter to
call of the chairman within 30 days of receipt of the contrary, all members of any board, commis-
written notice from anyone aggrieved as a result sion, committee or other body will serve without
of the refusal of a building permit or administra- compensation but may be reimbursed for any
tive decision by the city building official. Rules necessary expenses as a result of their work.
CHT:25
ZBA all IWO'S
reZoning Ordinance
SECTION 8.4 ZONING BOARD OF ADJUSTMENT
A. Organization and Procedure
1. Establishment.The Zoning Board of Adjustment is established in accordance with the provisions
of The Local Government Code §211.008, regarding the zoning of cities and with the powers and
duties as provided in those statutes. The purpose of the Board is to review and act on, in public
hearings, requests for variances and special exceptions to the terms of this Zoning Ordinance that
are consistent with the general purposes and intent of the Ordinance.
2. Membership.The Board shall consist of five citizens each to be appointed or reappointed by the
Mayor and confirmed by the Council, for staggered terms of two years respectively. Each member
of the Board shall be removable for just cause by Council upon written charges and after public
hearings.Vacancies shall be filled by the Council for the unexpired term of any member whose
term becomes vacant.The Board shall elect its own chairperson,who shall serve for a period of
two years or until his or her successor is elected. The Council may appoint four 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.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 they
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 or the fact that a member is absent or fails to vote.
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 and shall furnish a copy of the rules
and regulations to the Director, all of which rules and regulations shall operate uniformly in all
cases.All of its resolutions and orders shall be in accordance with the rules and regulations.All
proceedings of the Board shall be public record, and all meetings shall be open to the public.
4. Meetings. Meetings of the Board shall be held at the call of the chairman and at such other times
as the Board may determine. The chairman or acting chairman may administer oaths and compel
the attendance of witnesses.All meetings,hearings or proceedings shall be heard by at least four
members of the Board.
B. Initiation
1. The Board may initiate a public hearing on issues within the Board's jurisdiction. A Board initiated
public hearing shall comply with the procedures in this section.
2. Any aggrieved person, or an officer, or department of the City may appeal a denial of a building
permit; or an interpretation, exception, or variance request from the development code to the
Board,unless a different appeal process is specifically provided in this chapter.
a. An appeal to the Board shall be made within 10 days after denial of a building permit or
written notice of an interpretation of the development code.
b. The applicant shall file with the Director a written notice of appeal on a form approved by the
Board.
c. The Director shall prepare the record of City action that is being appealed for consideration by
the Board.
Page 208 ARTICLE 8—DEVELOPMENT REVIEW PROCEDURES Adopted November 2001
Amended September 2003
reZoning Ordinance
3. Any aggrieved person, or an officer,or department of the City may apply for a variance from a
provision of the development code to the Board,unless a different variance process is specifically
provided in this Article.
C. Authority of the Board
1. Subpoena Witnesses.The Board shall have the power to subpoena witnesses, administer oaths and
punish for contempt, and may require the production of documents, under 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 an error of law in any order, requirement, decision or determination made by an
administrative official in the enforcement of this ordinance.
3. Variances.Authorize in specific cases a variance from any term of a zoning ordinance if the
variance is not contrary to the public interest and, due to special conditions of the site, a literal
enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the
ordinance is observed and substantial justice is done.
4. Other Areas of Authority.The Board may:
a. Permit the erection and use of a building or the use of premises for railroads if the uses are in
general conformance with the master plan and present no conflict or nuisance to adjacent
properties.
b. Permit a public utility or public service or structure in any district, or a public utility or public
service building of a ground area and of a height at variance with those provided for in the
district in which the 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. 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,under the provisions contained in Article 9,
Nonconforming Uses and Structures.
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.
D. Appeal Procedures
1. Record.The office or department from which the appeal is taken shall transmit to the Board 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
unless the Director certifies to the Board that,by reason of facts in the certificate, a stay would, in
his or her 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 or by a court of
record,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 matters referred to it, shall give public notice of the hearing, and shall mail notices of the
hearing to the petitioner and to the owners of property lying within 200 feet of any point of the lot
Adopted November 2001 ARTICLE 8—DEVELOPMENT REVIEW PROCEDURES Page 209
Amended September 2003
Zoning Ordinance
or portion of the lot on which a variation is desired, and to all other persons deemed by the Board
to be affected by the appeal. The owners and persons shall be determined according to the current
tax rolls of the City. Depositing of the written notice in the mail shall be deemed sufficient
compliance to the notification requirements.
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 to the premises and,to that end, shall have all powers of the officer or department from
whom the appeal is taken.
5. Concurring Vote.The concurring vote of 75 percent of the members of the Board shall be
necessary to reverse any order, requirement, decision or determination of any administrative
official, or to decide in favor of the applicant on any matter upon which it is required to pass under
this ordinance or to affect any variance in the ordinance.
6. Standards Used in Hearing an Appeal
a. The Board in hearing an appeal from an interpretation of the development code shall consider:
(1) The technical meaning of the provision being appealed;
(2) Evidence of the manner in which the provision has been interpreted in the past;
(3) The positive or negative impact of the requested appeal on the achievement of stated City
development goals and objectives; and
(4) The intent of the provision in implementing the Comprehensive Plan.
b. In approving a requested interpretation of the development code,the Board shall provide a
written record of its fmdings and the Staff shall use it to propose amendments that address
future interpretation problems.
E. Variance Procedures
1. Pending Action.An application or request for a variance shall not be heard or granted with regard
to any parcel of property or portion of property upon which a concept plan, detail site plan or
development plan, preliminary plat or final plat, when required by this ordinance for any
parcel
property or portion of property, has not been finally acted upon by both the Commission and the
of
Council. The administrative procedures and requirements of this ordinance, with regard to
Commission 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.
2. Variances Based on Hardship. The Board shall have the power to authorize upon appeal in
specific cases a 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 the 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 or her unusual and practical difficulties or particular hardship, such
Page 210 ARTICLE 8-DEVELOPMENT REVIEW PROCEDURES Adopted November 2001
Amended September 2003
leZoning Ordinance
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 the 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.
3. Submittal Requirements.A written application for variance shall be submitted with a fee,
accompanied by an accurate legal description,maps, site plans, drawings and any necessary data,
demonstrating:
a. 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.
b. 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.
c. 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.
4. Standards Used in Hearing a Variance Request
a. The Board shall not grant a variance to the development code which:
(1) Permits a land use not allowed in the zoning district in which the property is located;or
(2) Is in the public right-of-way or on public property; or
(3) Alters any definition of the development code; or
(4) Is other than the minimum variance that will afford relief with the least modification
possible to the requirements of the development code; or
(5) Is based on physical conditions or circumstances of the property so general or recurring in
nature as to reasonably make practicable the formulation of a general regulation to be
adopted as an amendment to the development code; or
(6) Is based exclusively on findings of personal or financial hardship.
b. In order to grant a variance to the development code the Board shall find that all the following
have been satisfied:
(1) That there are unique physical circumstances or conditions of the lot, or other exceptional
physical condition particular to the affected property;
(2) That because of these unique physical circumstances or conditions,the property cannot
be reasonably developed or used in compliance with the provisions of the development
code;
(3) That due to such unique physical circumstances or conditions,the strict application of the
development code would create a demonstrated hardship;
(4) That the demonstrable hardship is not self-imposed;
(5) That the variance if granted will not adversely affect the proposed development or use of
adjacent property or neighborhood;
(6) That the variance, if granted will not change the character of the zoning district in which
the property is located;
Adopted November 2001 ARTICLE 8—DEVELOPMENT REVIEW PROCEDURES Page 211
Amended September 2003
Zoning Ordinance
(7) That the variance, if granted is in keeping with the intent of the development code;and
(8) That the variance, if granted will not adversely affect the health, safety or welfare of the
citizens of Wylie.
c. Convenience,profit or caprice shall not constitute undue hardship.
d. This section shall not apply to variances related to signs and advertising devices.
e. The Board may impose any reasonable conditions on the issuance of a variance and may
amend the variance from that requested.
f. 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.
g. The Board shall have no authority to change any provisions of this ordinance and its
jurisdiction is limited to the scope of authority indicated in this Article. The Board may not
change the district designation of any land.
F. Public Notice
1. The Board shall hold a public hearing on all applications and appeals.
2. Notice of the public hearing shall be provided by:
a. Publication in a newspaper of general circulation in the community at least 10 days prior to the
public hearing; and
b. In the case of variances to the development code,giving proper notice to property owners
within 200 feet of the property requesting the variance.
•
G. Board Action
1. The applicant or the appellant has the burden of proof to establish the necessary facts to warrant
favorable action of the Board.
2. The Board shall have all the powers of the Director, Building Official,or applicable City official
on the action appealed from. The Board may in whole or in part affirm, reverse, or amend the
decisions of the Director, Building Official, or applicable City official.
3. The Board may impose reasonable conditions in its order to be complied with by the appellant in
order to further the purposes and intent of this chapter.
4. No single decision of the Board sets a precedent. The decision of the Board shall be made on the
particular facts of each case.
5. The appellant shall act on an approved variance or interpretation within 90 days from the date of
the favorable action of the Board or an extended period specifically granted by the Board at the
time of the hearing. If the appellant fails to act within the time period,the action of the Board is
void and the appellant shall begin the appeal process or variance process anew.
H. Appeals to Board Action
Appeals to decisions of the Board shall be made to a district court.
Page 212 ARTICLE 8-DEVELOPMENT REVIEW PROCEDURES Adopted November 2001
Amended September 2003