HomeMy WebLinkAboutORD 23-037 ORDINANCE NO. 23-037
ENTITLED AN ORDINANCE AMENDING THE ZONING ORDINANCE CONCERNING
THE BOARD OF ADJUSTEMENT, SECTION 28.02.005(3)(B).
§ 28.02.005. Board of Adjustment.
a) Creation. There is hereby created a Board of Adjustment consisting of five (5)
regular members and four (4) alternate members who shall serve in the absence
of one or more regular members when requested to do so by the City Manager.
Each member of the Board of Adjustment shall be appointed by the Mayor and
confirmed by the City Council for a term of two (2) years or until their successors
are appointed and shall be removable for cause by the Mayor and City Council
upon written charge and after public hearing. Vacancies shall be filled for the
unexpired term of any member whose position becomes vacant for any cause in
the same manner as the original appointment was made. The members of the
Board of Adjustment heretofore existing shall continue to serve as members of
the Board until the terms for which they were originally appointed expire.
Members of the Board shall serve without compensation.
b) Proceedings. The Board of Adjustment shall adopt rules to govern its
proceedings; provided, however, that such rules are not inconsistent with this
Chapter or statutes of the State. 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 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 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, 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 shall be a public
record.
c) Appeal process. Appeals to the Board can be taken by any person aggrieved or
by an officer, department, or board or bureau of the municipality affected by any
decision of the administrative officer. Such appeal shall be taken within a
reasonable time after the decision has been rendered by the administrative
officer, by filing with the officer from whom the appeal is taken and with the
Board, 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 constituting
the record upon which the action appealed was taken.
d) Stay of proceeding. An appeal shall stay 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, proceedings shall not be stayed,
otherwise, then by a restraining order which may be granted by the Board or by a
court of record on application on notice to the officer from whom the appeal is
taken and on due cause shown.
e) General powers. The Board shall have the following powers:
To hear and decide appeals when it is alleged there is an error in any order,
requirement, decision, or determination made by an administrative official in the
enforcement of this Chapter. The Board must find the following in order to grant an
appeal:
A. That there is a reasonable difference of interpretation as to the specific
intent of the Zoning regulations or Zoning map.
B. That the resulting interpretation will not grant a special privilege to one
property inconsistent with other properties or uses similarly situated.
C. The decision of the Board must be such as will be in the best interest of
the community and consistent with the spirit and interest of the City's
Zoning laws.
1. To hear and decide special exceptions to the terms of this Chapter.
The term "special exception" shall mean a deviation from the
requirements of the Zoning ordinance, specifically enumerated herein,
which shall be granted only in the following instances, and then only
when the Board finds that such special exception will not adversely
affect the value and use of adjacent or neighboring property or be
contrary to the best public interest:
A. To reconstruct, extend, or enlarge a building occupied by a nonconforming
use on the lot or tract occupied by such building, provided that the
reconstruction, extension, or enlargement does not prevent the return of the
property to a conforming use.
B. To deviate yard requirements in the following circumstances:
i. An exception from the front yard requirements where the actual
front yard setback of an abutting lot does not meet the front yard
requirement or a rear yard exception where the actual rear yard
setback of any four (4) or more lots in the same block do not meet
the rear yard requirements of these regulations.
ii. A yard exception on corner lots.
iii. An exception where the existing front yard setbacks of the various
lots in the same block are not uniform, so that any one of the existing
front yard setbacks shall, for a building hereafter constructed or
extended, be the required minimum front yard depth.
iv. An exception from the minimum front yard requirements for owner
identification signs where a structure existing at the effective date of
this Chapter precludes locating a sign in compliance with the
setback regulation.
v. An exception from a minimum interior side yard setback
requirement for owner identification signs for existing businesses
which were developed prior to April 1, 1981, where there is no safe
place to erect a sign in compliance with the minimum setback
requirements. A condition for granting of the exception is that the
applicant must demonstrate that the sign shall not screen or
obstruct the view of an existing sign, building, or outdoor display
area.
vi. An exception from the minimum side yard setback requirement
where a nonconforming building was in existence at the time of the
passage of this ordinance [January 17, 1984].
C. To waive or reduce off-street parking and loading requirements when the
Board finds the same are unnecessary for the proposed use of the building or
structure for which the special exception request applies.
D. To grant an exception for ten (10) additional feet in height for an advertising
sign when, in the Board's judgment, the sign, at a lower height, will block an
existing sign or structure from view or itself be blocked from view.
2. To authorize upon appeal in specific cases such variance from the
terms of this Chapter as will not be contrary to the public interest,
where, owing to special conditions, a literal enforcement of the
provisions of said laws will result in unnecessary hardship, and so that
the spirit of the Chapter shall be observed and substantial justice done.
The term "variance" shall mean a deviation from the literal provisions of
the Zoning ordinance which is granted by the Board when strict
conformity to the Zoning ordinance would cause an unnecessary
hardship, because of circumstances unique to the property on which
the variance is granted. Except as otherwise prohibited under
subsection (j) [(f)] hereof, the Board is empowered to authorize a
variance from a requirement of the Zoning ordinance when the Board
finds that all of the following conditions have been met:
A. That the granting of the variance will not be contrary to the public interest; and
B. That literal enforcement of the Chapter will result in unnecessary hardship,
because of exceptional narrowness, shallowness, shape, topography, or other
extraordinary or exceptional physical situation or physical condition unique to the
specific piece of property in question. "Unnecessary handicap [hardship]" shall
mean physical hardship relating to the property itself. The following may also be
considered when determining "unnecessary handicap":
i. the cost of compliance with the Zoning ordinance is greater than fifty
(50) percent of the appraised value of the structure as shown on the
most recent certified appraisal roll; or
ii. compliance would result in a loss to the lot on which the structure is
located of at least twenty-five (25) percent of the area on which
development may physically occur; or
iii. compliance would result in the structure not in compliance with a
requirement of another City ordinance, Building Code, or other
requirement; or
iv. compliance would result in the unreasonable encroachment on an
adjacent property or easement; or
v. the city considers the structure to be a nonconforming structure.
As distinguished from a hardship relating to convenience or caprice, and the hardship
must not result from the applicant's or property owner's own actions; and
C. That by granting the variance, the spirit of the chapter will be observed and
substantial justice will be done.
The applicant shall have the burden of proving to the board that the foregoing conditions
have been met.
f) Use variance prohibited. No variance shall be granted to permit a use in a zoning
district in which that use is prohibited.
g) Additional conditions. The board is empowered to impose upon any variance or
special exception any condition reasonably necessary to protect the public interest and
community welfare.
h) Revocation or modification.
1. A variance or special exception may be revoked or modified for any of
the following reasons:
A. That the variance or special exception was obtained or extended by fraud or
deception.
B. That one or more of the conditions imposed by the Board in granting such
variance or special exception has not been complied with or has been
violated.
C. That the variance or special exception, although granted in accordance with
all requirements hereof, has caused a nuisance or is otherwise detrimental to
public health, safety and welfare.
2. An action to revoke or modify a previously granted variance or special
exception may be initiated by order of the City Council, the City Manager,
any member of the Board, or the person who obtained the variance or
special exception.
3. The Board of Adjustment shall hear a request for the revocation or
modification of a variance or special exception in accordance with the
same notification and hearing procedures established for original
variances and special exceptions.
i) Notification and hearing process. Any request for an appeal, variance or special
exception shall require a public hearing before the Board. Notice of said hearing
shall be published at least one (1) time in a newspaper of the City, at least ten
(10) days prior to the day of the hearing. A written notice of the hearing shall be
sent to owners of property situated within two hundred (200) feet of the exterior
boundary of the property with respect to which such appeal, variance or
exception is requested. It shall be sufficient that such written notice is addressed
to the owner appearing on the most current tax roll of the City and addressed to
such owner at the address stated on said roll. If no owner is stated on the tax roll,
or no address appears thereon, the written notice to such property owner shall
not be required. A processing fee of two hundred fifty dollars ($250.00) shall be
paid to the City in advance of the hearing. In the event the application is
withdrawn prior to the mailing of the required written notification of publication in
the official newspaper, the fee shall be refunded.
j) Action of the Board. 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 ordinance, or to effect any
variation in such ordinance.
Appeal from decision of Board. Any person aggrieved by any decision of the Board
of Adjustment, or any officer, department or other board or commission of the City or the
City Council, may appeal the decision or action of the Board of adjustment by filing a
petition for same in a court of competent jurisdiction, setting forth that such decision is
illegal in whole or in part, and specifying the grounds for the alleged illegality. Such
petition shall be filed with the court within ten (10) days from the day the Board renders
its decision, and not thereafter. The time period set forth herein shall be deemed
jurisdictional.
k) Reapplication. No application for a variance, special exception, or appeal which
has been denied shall be again filed earlier than one (1) year from the date of
original denial.
I) Validity. If an application is granted by the Board, all permits necessary for the
prosecution of the work must be obtained within one (1) year and construction
completed within the time established by the Building Code. All previous
applications approved by the Board for which building permits have not been
issued shall be valid only if a building permit is obtained within one (1) year after
receipt of a written notice of the requirements of this Section and construction
must be completed within the time limits set forth in the Building Code. Written
notice shall be considered received on the date such notice is mailed to the
person, firm or corporation who received the variance addressed to the address
of such person, firm or corporation as the same shall appear in the records of the
planning department relating to the granting of such application.
(Ordinance 81-17, Sec. 1, adopted 3/10/81; Ordinance 81-58, Sec. 3, adopted 7/28/81;
Ordinance 82-134, Sec. 13, adopted 12/14/82; Ordinance 83-144, Sec. 1, adopted
10/25/ 83; Ordinance 84-09, Sec. 1, adopted 1/17/84; Ordinance 84-87, Sec. 1, adopted
6/26/84; Ordinance 86-30, Sec. 3, adopted 3/25/86; Ordinance 92-62, Sec. 7, adopted
8/11/92; Ordinance 03-098, Sec. 1, adopted 12/9/03; 1978 Code, Sec. 30-37.
The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
April, 2023. s_0 ' %
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-Mayor Robin Mouton -
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/1
BEAUMONT
Planning & Community Development
Case Type:Planning and Zoning Case Status: REVIEW
Case Sub Type:Ordinance Amendment Tag Name:Amendments to Zoning Ordinance for the
Case#: PZ2023-70 Board of Adjustment, 28.02.005(3)(B)
Location: Initiated On:2/14/2023 10:06:55AM
Individuals listed on the record:
Applicant
City of Beaumont Home Phone:
801 Main Street Work Phone: 409-880-3100
Beaumont,TX 77701 Cell Phone:
E-Mail: zoning@beaumonttexas.gov
Flood Zones
Construction Type
Occupancy Type
Fire District
Notes:
Case Type:Planning and Zoning Page 1 of 1
Case#:PZ2023-70 Printed On:3/24/2023
§ 28.02.005. Board of adjustment.
(a) Creation.There is hereby created a board of adjustment consisting of five (5)
regular members and four(4)alternate members who shall serve in the absence of
one or more regular members when requested to do so by the city manager. Each
member of the board of adjustment shall be appointed by the mayor and confirmed
by the city council for a term of two (2)years or until their successors are
appointed and shall be removable for cause by the mayor and city council upon
written charge and after public hearing. Vacancies shall be filled for the unexpired
term of any member whose position becomes vacant for any cause in the same
manner as the original appointment was made. The members of the board of
adjustment heretofore existing shall continue to serve as members of the board
until the terms for which they were originally appointed expire. Members of the
board shall serve without compensation.
(b) Proceedings.The board of adjustment shall adopt rules to govern its proceedings;
provided,however,that such rules are not inconsistent with this chapter or statutes
of the state. 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 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 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, 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 shall be a public record.
(c) Appeal process.Appeals to the board can be taken by any person aggrieved or by
an officer, department, or board or bureau of the municipality affected by any
decision of the administrative officer. Such appeal shall be taken within a
reasonable time after the decision has been rendered by the administrative officer,
by filing with the officer from whom the appeal is taken and with the board, 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 constituting the record
upon which the action appealed was taken.
(d) Stay of proceeding.An appeal shall stay 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,proceedings shall not be stayed,
otherwise,than by a restraining order which may be granted by the board or by a
court of record on application on notice to the officer from whom the appeal is
taken and on due cause shown.
(e) General powers.The board shall have the following powers:
(1) To hear and decide appeals when it is alleged there is an error in any order,
requirement, decision, or determination made by an administrative official in
the enforcement of this chapter. The board must fmd the following in order to
§ 28.02.005 § 28.02.005
grant an appeal:
(A) That there is a reasonable difference of interpretation as to the specific
intent of the zoning regulations or zoning map.
(B) That the resulting interpretation will not grant a special privilege to one
property inconsistent with other properties or uses similarly situated.
(C) The decision of the board must be such as will be in the best interest of
the community and consistent with the spirit and interest of the city's
zoning laws.
(2) To hear and decide special exceptions to the terms of this chapter. The term
"special exception"shall mean a deviation from the requirements of the zoning
ordinance, specifically enumerated herein, which shall be granted only in the
following instances, and then only when the board finds that such special
exception will not adversely affect the value and use of adjacent or
neighboring property or be contrary to the best public interest:
(A) To reconstruct, extend or enlarge a building occupied by a
nonconforming use on the lot or tract occupied by such building,
provided that the reconstruction, extension, or enlargement does not
prevent the return of the property to a conforming use.
(B) To deviate yard requirements in the following circumstances:
(i) An exception from the front yard requirements where the actual
front yard setback of an abutting lot does not meet the front yard
requirement or a rear yard exception where the actual rear yard
setback of any four (4) or more lots in the same block do not meet
the rear yard requirements of these regulations.
(ii) A yard exception on corner lots.
(iii) An exception where the existing front yard setbacks of the various
lots in the same block are not uniform,so that any one of the existing
front yard setbacks shall, for a building hereafter constructed or
extended,be the required minimum front yard depth.
(iv) An exception from the minimum front yard requirements for owner
identification signs where a structure existing at the effective date of
this chapter precludes locating a sign in compliance with the setback
regulation.
(v) An exception from a minimum interior side yard setback
requirement for owner identification signs for existing businesses
which were developed prior to April 1, 1981, where there is no safe
place to erect a sign in compliance with the minimum setback
requirements. A condition for granting of the exception is that the
applicant must demonstrate that the sign shall not screen or obstruct
•
§ 28.02.005 § 28.02.005
the view of an existing sign,building, or outdoor display area.
(vi) An exception from the minimum side yard setback requirement
where a nonconforming building was in existence at the time of the
passage of this ordinance [January 17, 1984].
(C) To waive or reduce off-street parking and loading requirements when the
board finds the same are unnecessary for the proposed use of the building
or structure for which the special exception request applies.
(D) To grant an exception for ten (10) additional feet in height for an
advertising sign when, in the board's judgment, the sign, at a lower
height, will block an existing sign or structure from view or itself be
blocked from view.
(3) To authorize upon appeal in specific cases such variance from the terms of this
chapter as will not be contrary to the public interest, where, owing to special
conditions, a literal enforcement of the provisions of said laws will result in
unnecessary hardship, and so that the spirit of the chapter shall be observed
and substantial justice done. The term"variance" shall mean a deviation from
the literal provisions of the zoning ordinance which is granted by the board
when strict conformity to the zoning ordinance would cause an unnecessary
hardship because of circumstances unique to the property on which the
variance is granted. Except as otherwise prohibited under subsection (j) [(f)]
hereof,the board is empowered to authorize a variance from a requirement of
the zoning ordinance when the board finds that all of the following conditions
have been met:
(A) That the granting of the variance will not be contrary to the public
interest; and
(B) That literal enforcement of the chapter will result in unnecessary hardship
because of exceptional narrowness, shallowness, shape, topography or
other extraordinary or exceptional physical situation or physical
condition unique to the specific piece of property in question.
"Unnecessary handicap [hardship]"shall mean physical hardship relating
to the property itself. The following may also be considered when
determining"unnecessary handicap":
(i) the cost of compliance with the zoning ordinance is
greater than 50 percent of the appraised value of the
structure as shown on the most recent certified appraisal
roll; or
(ii) compliance would result in a loss to the lot on which the
structure is located of at least 25 percent of the area on
which development may physically occur; or
(iii) compliance would result in the structure not in
compliance with a requirement of another city ordinance,
building code, or other requirement; or
(iv) compliance would result in the unreasonable
encroachment on an adjacent property or easement; or
(v) the city considers the structure to be a nonconforming
structure.
As distinguished from a hardship relating to convenience, financial
considerations or caprice, and the hardship must not result from the
applicant's or property owner's own actions; and
(C) That by granting the variance, the spirit of the chapter will be observed
and substantial justice will be done.
The applicant shall have the burden of proving to the board that the foregoing
conditions have been met.
(f) Use variance prohibited.No variance shall be granted to permit a use in a zoning
district in which that use is prohibited.
(g) Additional conditions. The board is empowered to impose upon any variance or
special exception any condition reasonably necessary to protect the public interest
and community welfare.
(h) Revocation or modification.
(1) A variance or special exception may be revoked or modified for any of the
following reasons:
(A) That the variance or special exception was obtained or extended by fraud
or deception.
(B) That one or more of the conditions imposed by the board in granting such
variance or special exception has not been complied with or has been
violated.
(C) That the variance or special exception, although granted in accordance
with all requirements hereof, has caused a nuisance or is otherwise
detrimental to public health, safety and welfare.
(2) An action to revoke or modify a previously granted variance or special
exception may be initiated by order of the city council, the city manager, any
member of the board, or the person who obtained the variance or special
exception.
(3) The board of adjustment shall hear a request for the revocation or modification
of a variance or special exception in accordance with the same notification and
hearing procedures established for original variances and special exceptions.
(i) Notification and hearing process.Any request for an appeal,variance or special
exception shall require a public hearing before the board.Notice of said hearing
shall be published at least one time in a newspaper of the city, at least ten(10)
days prior to the day of the hearing. A written notice of the hearing shall be sent to
owners of property situated within two hundred(200)feet of the exterior boundary
of the property with respect to which such appeal, variance or exception is
requested. It shall be sufficient that such written notice is addressed to the owner
appearing on the most current tax roll of the city and addressed to such owner at
the address stated on said roll. If no owner is stated on the tax roll, or no address
appears thereon,the written notice to such property owner shall not be required. A
processing fee of two hundred fifty dollars ($250.00) shall be paid to the city in
advance of the hearing. In the event the application is withdrawn prior to the
mailing of the required written notification of publication in the official
newspaper,the fee shall be refunded.
(j) Action of the board.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 ordinance, or to effect any variation in
such ordinance.
(k) Appeal from decision of board.Any person aggrieved by any decision of the board
of adjustment, or any officer, department or other board or commission of the city
or the city council,may appeal the decision or action of the board of adjustment by
filing a petition for same in a court of competent jurisdiction, setting forth that
such decision is illegal in whole or in part, and specifying the grounds for the
alleged illegality. Such petition shall be filed with the court within ten(10) days
from the day the board renders its decision, and not thereafter. The time period set
forth herein shall be deemed jurisdictional.
(1) Reapplication.No application for a variance; special exception, or appeal which
has been denied shall be again filed earlier than one year from the date of original
denial.
(m) Validity.If an application is granted by the board, all permits necessary for the
prosecution of the work must be obtained within one (1)year and construction
completed within the time established by the building code. All previous
applications approved by the board for which building permits have not been
issued shall be valid only if a building permit is obtained within one (1)year after
receipt of a written notice of the requirements of this section and construction must
be completed within the time limits set forth in the building code. Written notice
shall be considered received on the date such notice is mailed to the person, firm
or corporation who received the variance addressed to the address of such person,
firm or corporation as the same shall appear in the records of the planning
department relating to the granting of such application.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 81-58, sec. 3, adopted 7/28/81;
Ordinance 82-134, sec. 13, adopted 12/14/82; Ordinance 83-144, sec. 1, adopted 10/25/
83; Ordinance 84-09, sec. 1, adopted 1/17/84; Ordinance 84-87, sec. 1, adopted 6/26/
84; Ordinance 86-30, sec. 3, adopted 3/25/86; Ordinance 92-62, sec. 7,adopted 8/11/
92; Ordinance 03-098, sec. 1, adopted 12/9/03; 1978 Code, sec. 30-37