Zoning Board of Adjustment Bylaws r rY 01 ‘ok LIE
ZONING 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
ten as 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.
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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.
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:
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a. Pe!mit 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. Peiiiut 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. Peunit 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 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 detei mined 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.
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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 findings 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 of property or portion of property, has not been finally acted
upon by both the Commission and the 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 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.
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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;
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(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.
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