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HomeMy WebLinkAboutPZ2024-123DATE: June 6i2O24 TO: Board of Adjustment FROM: E|aynaLurkp« Planner SUBJECT: To consider proposed amendments to Chapter 28, Section 28.02.005(3)(B) of the Code ofOrdinances FILE: PZ2024-123 STAFF REPORT Staff intends to amend Section 28-02.005(3)(B) of the City of Beaumont Code of Ordinances to correct inaccurate language within the ordinance. The ordinance was amended inApril of2OZ3 to be compliant with the passing of House Bill 1475. During recent reviews of ordinance staff noted an editing error that needs to be corrected. The change will be minor amending the word "hand1cap"with "hardshlp",shown below. (B) That literal enforcement nfthe chapter will result iounnecessary hardship, because of exceptional narrowness, shallowness, shape, topography, ozo1bezextzaord' or exceptional physical situation or physicalcooditioo unique to the 'fio pieceof property in question. "Unnecessary fiffltiadii hardship"shall mean physical hardship relating to the property itself. The following may also beconsidered when determining"unnecessary The proposed correction is in accordance and compliance with H.B 1475 and will bring our current ordinance into date with correct language updates. This item will be heard at -Planning Commission and City Council at aiaterdate- ilk MEMO Plaiining & Coiiiiiiiinity De'velopmexit TO: Board of Adjustment 1P FROM, Elayna Luckey, Planner I SUBJECT: Proposed amendment to Section 28.002.005(3)(B) of the Code of Ordinances DATE: June 6, 2024 On April 25 2023, The City of Beaumont City Council approved ordinance 23-037, amending the Code of Ordinance to be compliant with House Bill 1475 regarding financial hardship considerations for variance request. In recent reviews of the ordinance, it was noted that there is inaccurate language within the ordinance edited in error that needs to be amended. Current City Ordinance Section 2,8.002.005(3)(B) states "That literal enforcement of the chapter will result in unnecessary hardship, because of exceptional narrowness, shallowness, shape, topography., or other extraordinary or exceptional physicol situation or physical condition unique to the specific piece of property in question. "Unn ecessary hand cap " .shall mean physical hardship relating to the property itself. The follo win g may also be considered when determining "unnecessary handicap..' The proposed minor amendment of the section is to replace the work "handicap" with "hardship" and will read as follows "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 hardship" shall mean physical hardship relating to the property itself. The following may also be considered when determining "unnecessary hardship". Attached to this memo, is the proposed corrected ordinance in full. The fiolloiv ing Cocle clo es not disl-71ay in-7 ages oi - coi; y)h cafe dfbi -in att ing. Codes sh o uld b e We i-i� ed o n line. This tool is only ineant.for echling. § 28.02.005 Boaj,-d 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 appointcd 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 ad 0 ustment 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, howcver, 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 chairn-tan, 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 whoni 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 ffirtherance 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 inminient 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: (1) To hear and decide appeals when it is alleged there is an error in any order, requir-ement, decision, or deterniination 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. (2) To hcar and decide special exceptions to the terms of this chapter. The term "special exception" shall mean a deviation from the requircii-tents of the zoning ordinance, specifically enumerated herein, which shall be granted only in the following instances, aid 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 recomtruct, extend, or enlarge a building OCCLIpied by a nonconforming use on the lost or tract occupied by such building, provided that the reconstructioll, extension, or enlargement does not prevent the return of the property to a conforming use. (B) To deviate yard requirements in the following circumstances: (1) 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 mininium front yard requirements for owner identification signs where a structure existing at the of date of this chapter precludes locating a sign in con-ipliance with the setback regulation. (v) An exception from a minimuin interior side yard setback requirement for owner identification signs for existing businesses which were developed prior to April 1, 198 1, where there is no safe place to erect a Sign. in compliance with the nunimum 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 minim -um. side yard setback requirement where a nonconforming building was in existence at the time of the passage of this ordinance (January 17, 1984). (C) T o waive or reduce off-street parking and loading requirements when the board finds the same are uniiecessary 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 hardsbip, 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 propci-ty on which the variance is granted. Except as otherwise prohibited tinder subsection 0) [subsection (t)] 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 cnforce,nient of the chapter will result in uiuiecessary 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 hardship" shall mean physical hardship relating to the property itself. The following may also be considered when determining "unnecessary IH. lat 1. EJ i te, iaffk hardshil)' F- (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; it 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; (iii) Compliance would result in the structUre not in con-ipliance with a requirement of another city ordace, mbuilding code, or other requireent- in (IV) Compliance would result in the unreasonable encroaclui-ient. on an adjacent. property or easement; or (v) The city considers the structure to be a nonconforming structure. As distinguishcd from a hardship relating to convenience or caprice, and the hardship must not result from the applicant's or property owner's olNrn 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 except -ion 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) rl"11c 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 exceptionshall 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 rollor 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 tinder 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 adjustinent, or any officer, department or other board or commission of the city or the city council, inay 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. Stich 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 (1) 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 requiremci-its 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, firn-1 or corporation as the same shall appear in the records of the planning department relating to the granting of such application. (Ordinance 81-17, see. 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; ordinance84-09, see. 1, adopted 1/17/84; Ordinance 84-87, see. 1, adopted 6/26/84; Ordinance 86-30, sec. 3, adopted 3/25/86; Ordinance 92-62, see. 7, adopted 8/11/92; Ordinance 03-098, sec. 1, adopted 12/9/03; 1978 Code, see. 30-37; Ordinance 23-037 adopted 4/25/2023)