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HomeMy WebLinkAboutPZ2024-123DATE: July 22.2O24 TO: Planning Commission and City Council FROM: Demi Engman, Director of Planning and Community Development SU BLEC_: Toconsider proposed amendments toChapter 28.Section 28.O2.005(3)(8)ofthe Code ofOrdinances FILE: PZ2024-123 STAFF REPORT This item was heard and recommended approval by the Board of Adjustments on June 6, 2024. 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 in April of 2023 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 is minor by amending the word "handicap"with "handsh1p",shown below. (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 inquestion. "Unnecessary hand.eap hardship" shall mean physical hardship relating tothe property itself. The following may also be considered when determining "unnecessary hardship": The proposed correction is in accordance and compliance with H.B 1475. Staff recommends approval of the request. I7� L.II i/\ \�_/ A 0 TEXAS MEMO Planiiihig & Community Developinejit TO: Planning and Zoning Commission and City Council FROM: Der i Engman, Director of Planning and Community Development SUBJECT: Proposed amendment to Section 28.002.005(3)(B) of the Code of Ordinances DATE: July 22, 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 28-002.005(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 physical situation or physical condition unique to the specific piece of property in ques tion. 'Unnecessary handicap" shall mean physical hardship relating to the property itself. The full 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". This amendment was heard and considered for approval at the JLjne 6t" meeting of the Board of Adjustments. Attached to this memo, is the proposed corrected ordinance in full. r" I i ne 1 9 fiolloii� *ng Cocle does not clisi-Voy iniciges or cotiil-)Iicciledfo)-i)iciltiji . Cocles should be vieii)ed online. This tool is only weant.for e(liting. § 28.02.005 Baal-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 requestcd to do so by the city manager. Each member of the board of adjustment shall be appointed by the mayor and confirmcd by the city council for a tern) of two (2) years or until their successors are appointed and shall be removable for cause by the mayor and city counci I 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 maimer 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 coinpensation. (b) Proceedings. The board of adjustment shall adopt rLJeS 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 detern-iine. The chrairman, 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 ininutcs 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 imi-nedlately 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 fron-i unless the officer frorn 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. 'I"he 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 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 lncODSiStClItwith 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 requircn-ients of the zoning ordinance, specifically enumerated hercin, which shall be granted only in the following instances, and then only x�rhen the board finds that SLICII 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 lost 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: (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, constructed or ni orm, so that any one of the existing front yard setbacks shall, for a building here extended.., be the required minimun-i front yard depth. (iv) An exception from the minin-ium 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, 198 1, 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 umiecessary 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 uni-iccessary 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 0) [subsection (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 (13) 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 hqnsii nint physical condition unique to the specific piece of property in, question. "Unnecessary ha shall mean physical hardship relating to the property itself. The following may also be 11 nil CU4 considered when determining "ui-niecessary.LILtt.L%.L.Llt-,-ap-lial'(IslliL), (1) 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; (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; (iii) Compliance would result in the structure not in compliance with a reqLiirenlent of another city ordinance, building code, or other requirement; (iv) Compliance would result in the unreasonable encroachment on an adjacent property or casement; or (v) The city considers the structurc to be a nonconforming strLICture. As distinguished from a hardship rclating to iconveniencc 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 net. (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. Not -ice of said hearing shall be published at least one (1) time ill 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 oft wo 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 reftinded. Action of the board. The concurring vote of four (4) members of the board shall be necessary to revcrsc any order, requirement, decision or deterinination 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 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 (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 or 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 corporationas the same shall appear in the records of the planning department relating to the granting of such application. (Ordinance 81-17, see. 1, adopted 3/10/8 1; Ordinance 81-58, sec. 3, adopted 7/28/8 1; Ordinance 82-134, sec. 13, adopted 12/14/82; Ordinance 83-144, see. 1, adopted 10/25/83; Ordinance 84-09, sec. 1, adopted 1/17/84; Ordinance 84-87, see. 1, adopted 6/26/84; Ordinance 86-30, see. 3. adopted 3/25/86; Ordinance 92-62, see. 7, adopted 8/11/92; Ordinance 03 -09 8 , see. 1, adopted 12/9/03; 197 8 Code, see. 3 0-3 7; Ordinance 23 -03 7 adopted 4/25/2023)