§ 35. Board of adjustment.

Latest version.

Organization.

A board of adjustment shall be established and have all the powers and authority in accordance with the Charter of the City of Haltom City. The board shall consist of eight (8) regular members and one (1) alternate member (collectively referred to as "board members").

Places for regular board members shall be numbered one (1) through eight (8) and shall correspond with the places of the council members who appoint them. The alternate member shall serve in a place designated as "alternate one".

Council members in places one (1) through seven (7) shall nominate a member to the place on the board which corresponds to the Council member's place on the council. The mayor shall nominate the members for places eight (8) and alternate one.

Each council member and the mayor shall nominate his or her board member. The city council shall confirm nominations for appointments to the board in order for an appointment to be effective.

Board members shall serve two-year terms, which shall begin on the date of appointment by the city council and continue for a term consistent with the term of office of the council member or mayor who is designated to nominate the board member. Board members shall serve until their successors are appointed and qualified. Board members appointed to places 1, 2, 7, 8 and alternate one shall be appointed in odd-numbered years. Board members appointed to places 3, 4, 5 and 6 shall be appointed in even-numbered years. In the event a council member vacates his or her office, a board member serving in the corresponding place shall continue to serve for the remainder of the council member's term of office.

In the event a regular member is absent from or has a conflict of interest during a meeting of the board, the chairman shall select the alternate to sit in the regular member's absence.

In the event of a vacancy on the board, the vacancy shall be filled by nomination of the city council member or mayor serving in the corresponding council place and shall be effective upon confirmation by the city council. A board member appointed to fill a vacant place on the board shall serve for the length of the unexpired term.

A board member may be removed for cause, as found by the city council, on a written charge after a public hearing. "For cause" may include but shall not be limited to three consecutive unexcused absences from meetings, regular or special, of the board. The board shall determine whether any board member has three consecutive absences and shall report its findings to the city council.

The board, by majority vote, may adopt rules to govern its proceedings. Meetings shall be held at the call of the chairman, who may administer oaths and compel the attendance of witnesses. Six members shall constitute a quorum. Each member, including the chairman, shall be entitled to vote on all matters coming before the board. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicate 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 kept as public record.

Jurisdiction and powers. The board of adjustment shall have all powers granted by and be organized and controlled by the provisions of Section 211.001—211.013 of the Local Government Code. The board may, in specific cases, after public notice and public hearing and subject to appropriate conditions and safeguards, take the following action:

Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the zoning administrator or other city officer or department in the enforcement of this ordinance;

Hear appeals on zoning boundary disputes;

Initiate on its motion or cause presented by interested property owners an action to abate, remove, limit or terminate a nonconforming use or building;

Require the discontinuance of a nonconforming use or building under a reasonable plan whereby the owner's investment in the nonconforming use or building can be recouped through amortization over a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this ordinance.

Permit the expansion or extension of a nonconforming use in accordance with the provisions of section 34, nonconforming uses, lots, and structures.

Within the limits prescribed in section 34, nonconforming uses, lots, and structures, the board may review nonconforming uses which have been abandoned or discontinued to determine whether such uses should be allowed to resume operation. Such action by the board shall consider any unnecessary hardship on the property owner if the use is discontinued and shall have due regard for the public welfare, the character of the area surrounding such use, and the conservation, preservation and protection of surrounding properties and their values;

Permit the repair or reconstruction and occupancy of a nonconforming building or a building containing a nonconforming use where the building has been destroyed in excess of 50 percent, but less than the total value as provided in section 34, nonconforming uses, lots, and structures provided such reconstruction does not, in the judgment of the board prevent, the return of such property to a conforming use or increase the nonconformity of a nonconforming building beyond what is permitted by section 34, nonconforming uses, lots, and structures. Such action by the board of adjustment shall have due regard for the property rights of the person or persons affected, when considered in light of the public welfare, the character of the area surrounding such structure, and the conservation, preservation and protection of surrounding properties and their values;

Require the vacation and demolition of a nonconforming structure which is deemed to be obsolete, dilapidated or substandard;

Permit variances to the development regulations in this ordinance such as front yard, side yard, rear yard, lot width, lot depth, lot coverage, minimum setback, off-street parking, off-street loading, lot area, maximum height, or other development regulations where such variance is necessary to permit the reasonable development of a specific parcel of land which differs from other parcels of land in the same zoning district by being of such area, shape or slope that it cannot be developed in a manner commensurate with the development permitted upon other parcels of land in the same zoning district, or where, due to special conditions:

The literal enforcement of the provisions of this ordinance would result in an unnecessary and/or unreasonable hardship;

The special conditions are not the result of the applicant's actions, but are peculiar to the land, structure or building involved;

The variance requested is the minimum necessary; and

No special privilege is granted which is denied to other similarly situated uses.

Any variance granted shall insure that the spirit of the ordinance is observed and substantial justice is done.

10.

Approve special exception uses which are specifically authorized by this ordinance. A site plan meeting the requirements of section 30, site plan requirements, shall be required to be submitted with each application for a special exception. Any special exceptions authorized by the board, either under the provisions of this ordinance, or under the authority granted to the board under the statutes of the State of Texas, shall authorize the issuance of a building permit for a period of 90 days from the date of the favorable action on the part of the board of adjustment, unless the board in its minutes shall, at the same time, grant a longer period. If a building permit shall not have been issued within said 90-day period or such other period as the board of adjustment may specifically grant, the special exceptions shall be deemed waived, and all rights thereunder terminated. Such termination and waiver shall be without prejudice to a subsequent appeal to said board of adjustment in accordance with the rules and regulations regarding appeals.

11.

Hear an appeal of an emergency order of closure of an assisted living facility under Section 29.AA., or a request for a reasonable accommodation from the rules, policies, and practices for the location of community homes in this ordinance to permit persons with handicaps or disabilities equal opportunity to use and enjoy a dwelling.

A request for reasonable accommodation may be made to the Board by any person with a disability, the person's representative, a developer, or a provider of housing for individuals with disabilities. The request shall state the reason for the accommodation from the zoning and development regulations and the basis for the request.

The Board shall conduct a hearing to determine whether the request for reasonable accommodation should be granted. The applicant or applicant's representative shall have the burden to demonstrate that:

(1)

The applicant (or the person on whose behalf the applicant is requesting the accommodation) suffers from a disability as defined by the Fair Housing Act, as amended; and

(2)

The applicant (or the person on whose behalf the applicant is requesting the accommodation) demonstrates that the accommodation is both reasonable and necessary. An accommodation under this section is "necessary" if, without the accommodation, the applicant will be denied an equal opportunity to obtain the housing of his or her choice.

If the applicant demonstrates the matter set out in paragraph b. above, the request for reasonable accommodations shall be granted by the Board unless the Board finds from evidence presented at the hearing that the accommodation would fundamentally alter the City's land use and zoning patterns or the impact of the use on its surroundings would be greater than that of other uses permitted in the zoning district.

Appeals.

Appeals to the board of adjustment can be taken by any person aggrieved or by any officer, department, or board of the municipality affected by any decision of the zoning administrator or any official authorized to make a decision under this ordinance. Such appeal shall be taken within 15 days time after the decision has been rendered by the zoning administrator or other official by filing with the official from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The official from whom the appeal is taken shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken.

An appeal shall stay all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the board of adjustment facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case proceedings may be stayed only by a restraining order granted by the board of adjustment or by a court of record on application after notice to the official and upon a showing of due cause.

The same appeal to the board of adjustment shall not be allowed on the same piece of property prior to the expiration of one year from a ruling of the board of adjustment.

Hearing. The board of adjustment shall fix a reasonable time for the hearing of an appeal, give public notice thereof, as well as due notice to the parties in interest and decide the same within a reasonable time. At the hearing any party may appear in person or by attorney or agent. The notice provided in this section shall be given by publication in the official city publication stating the time and place of such hearing, which shall not be earlier than ten days from the day of such publication, and in addition thereto, the Board of Adjustment shall mail notices of such hearing to the petitioner and the owners of property lying within 200 feet of any point of the lot or portion thereof, on which a variation or special exception is desired, and to all persons deemed by the board of adjustment to be affected, such owners and persons shall be determined according to the current tax rolls of the city and substantial compliance therewith shall be deemed sufficient, provided, however, that the depositing of such written notice in the mail by the board of adjustment shall be deemed compliance for purpose of this section.

Concurring vote. The concurring vote of six members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of any such official, or to decide in favor of the application on any matter upon which it is required to pass under this ordinance or to affect any variance in said ordinance.

Grievances. Any person or persons, jointly or separately, aggrieved by any decision of the board of adjustment or any taxpayer or any officer, department or board of the city 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 such illegality. Such petition shall be presented to the court within ten days after the rendering of the decision complained of by the board of adjustment, and not thereafter.

Completion of existing buildings. Nothing herein contained shall require any change in plans, construction, or designated use of a building for which a building permit has been heretofore issued and which entire building shall be completed within one year from the date of passage of this ordinance. If any amendment to this ordinance is hereafter adopted changing the boundaries of districts, the provisions of this ordinance with regard to buildings or premises existing or under construction or building permits issued in the area affected by such amendment at the time of the passage of such amendment shall not apply.

Authorized special exceptions. In addition to those special exception uses listed in the use matrix, section 9, the following special exceptions may be permitted by the board of adjustment, in the district specified, subject to full and complete compliance with any and all conditions listed, together with such other conditions as the board of adjustment may impose.

DISTRICTS WHERE PERMITTED	SPECIAL EXCEPTIONS
All	1.	Split-zoned lots, extension of use. Conditions: Extension of a use to lot line or for a distance of not more than 100 feet where the boundary line of district divides a lot held in single ownership.
"M-1"	2.	Water supply, treatment and "M-2" storage facilities.
"SF-1", "SF-2", "D", "TH", "MF-1", "MF-2", and "MH"	3.	Transmitting and receiving antennas and antenna facilities (commercial uses)
		a.	Must be a building attached facility only and must be attached to or enclosed in an existing structure currently or last occupied by a non residential use or attached to a power or telephone pole, water storage tower, or other utility structure;
		b.	The antenna must not exceed ten feet above the structure to which it is attached.
		c.	Must match the color of the structure, power or telephone pole, water storage tower or other utility structure to which the antenna is attached;
		d.	Any associated equipment storage building shall be screened from public view by a solid fence or wall, with landscaping for aesthetic purposes;
		e.	All driveways accessing any antenna facility site or equipment storage site shall be constructed of an asphalt or concrete surface as approved by the city engineer;
		f.	Lights: No auxiliary or outdoor lighting shall be allowed on antennas located on residential zoned property except such lights or lighting as may be required by the Federal Aviation Authority or the Federal Communications Commission.
		g.	No part of an antenna, or any attachment thereto may extend beyond the property lines of the owner of such antenna site.
"O", "C-1", "C-2", "C-3", "C-4", "M-1", "M-2"	4.	Transmitting and receiving antennas and antenna facilities (including commercial uses)
		a.	Only one (1) antenna facility per lot of record;
		b.	Antenna facility shall be limited to building attached and monopoles only;
		c.	A building attached antenna shall not extend more than ten feet above the structure to which it is attached;
		d.	An antenna facility shall be limited to having the number and size of antennas attached to it that are allowed by the antenna facility manufacturer's designs and specifications for maximum wind lode requirements;
		e.	Setbacks:
			(1)	Antennas and antenna facilities shall not be permitted in front or side yards;
			(2)	Antenna and antenna facilities shall be setback from residential districts a minimum distance equal to the height of the tower, but in no instance shall the setback be less than 100 feet from any residentially zoned district;
		f.	There shall be no minimum or maximum separation requirement for antenna facilities from other structures on the same lot of record;
		g.	There shall be a minimum separation of 1,500 feet from other free standing commercial antenna facilities;
		h.	Lights: No auxiliary or outdoor lighting shall be allowed on antenna facilities located on residentially zoned property except such lights or lighting as maybe required by the Federal Aviation Administration or the Federal Communications Commission;
		i.	No part of any antenna facility, or any attachment thereto may extend beyond the property lines of the owner of such antenna site.
ALL DISTRICTS	5.	Satellite receive-only antennas: To receive a special exception, a satellite receive-only antenna which exceed (i) one meter in diameter located in a residential zoning district, or (ii) two meters in diameter located in a non-residential zoning district (except governmental antennas), must comply with the following requirements:
		a.	A satellite receive-only antenna shall not exceed 12 feet in height; however, satellite receive-only antennas may be placed on the roof of commercial structures if screened from public view from line of sight at ground level from the property line.
		b.	Setbacks:
			(1)	Front and side: Satellite receive-only antennas shall not be permitted in front or side yards;
			(2)	Rear: Satellite receive-only antennas shall be permitted in rear yards provided they meet the minimum setback as required for accessory buildings in residential districts and as for all buildings in nonresidential districts.
		c.	Separation: There shall be no minimum or maximum separation requirements for satellite receive-only antennas from other structures on the same lot of record;
		d.	Satellite receive-only antennas shall not be permitted in easements;
		e.	Lights: No auxiliary or outdoor lighting shall be allowed on satellite receive-only antennas except such lights or lighting as may be required by the Federal Aviation Administration or the Federal Communications Commission;
		f.	Construction standards: Except for satellite receive only antennas installed by a governmental entity, a building permit must be obtained prior to the construction and/or installation of a satellite receive only antenna;
		g.	No part of an antenna, or any attachment thereto may extend beyond the property lines of the owner of such antenna site.
All Districts		h.	More than one tower or antenna facility per lot of record for amateur radio equipment or TV antenna (including ham radio and CB equipment but not including commercial uses). The additional tower or antenna facility shall be subject to all other and restrictions set forth in subsection 29.S.2., unless waived by the board of adjustment. The board of adjustment shall make factual findings to support its decision to grant or deny this special exception. In making its decision, the board of adjustment shall reasonably accommodate amateur service communications. The board of adjustment may approve an alternative proposal or place reasonable conditions or restrictions on the request or deny the request if it determines that such decision constitutes the minimum practicable regulation to accomplish the goals of the zoning ordinance and that the applicable regulations do not operate to preclude amateur service communications.
"C-2" "C-3" "C-4" "M-1" "M-2"	6.	Off premises advertising signs
All	7.	Extension of the terms of existing conditional uses, special exception uses, or special use permits previously approved by the city council, which have been in continuous operation since such approval and whose term has expired and which are no longer otherwise permitted under this ordinance.
"SF-1" "SF-2"	8.	Private stables or barns in accordance with the provisions of the "SF-1", "SF-2",
All	9.	Extension of the five-year term for placement of temporary classroom buildings on property used as a public elementary or secondary school.
"SF-1" "SF-2"	10.	Garage apartments/mother-in law/granny house
"SF-1" "SF-2" "D" "MH"	11.	Carport, if, in the board's opinion, it is compatible and harmonious with the surrounding properties, and subject to the following conditions:
		a.	A carport may be erected within the first 20 feet of the required 25-foot front yard setback. No carport shall be located closer than five feet from the front property line (or side property line if located on a corner lot adjacent to a street);
		b.	The maximum height of the carport entry shall be ten feet (10');
		c.	Driveways to the carport and parking spaces under the carport shall be constructed of asphalt or concrete. If requested by the applicant on the application for the special exception, the board of adjustment may approve alternate materials for the driveways and parking spaces if it determines that such alternate materials are compatible with the surrounding neighborhood;
		d.	Parking spaces shall be a minimum of nine feet by 18 feet;
		e.	The carport shall be structurally sound as determined by the building official;
		f.	The carport must not drain directly or indirectly onto neighboring properties; and
		g.	A carport located in the front yard setbacks shall not be enclosed.

(Ord. No. O-2009-022-15, §§ 1, 2, 11-9-09; Ord. No. O-2016-011-15, § 8, 6-27-16)

_____

                    
                        var val = document.getElementById('citecontent').innerHTML;
                        art.dialog.defaults.title = window.location.href;
                        art.dialog.data('cite', val);
                        art.dialog.data('homeDemoPath', '/Scripts/plus/artDialog/');
                        art.dialog.open('/Scripts/plus/artDialog/citeiframe.html');