§ 34-84. Powers of board of adjustment.

(a)

The board of adjustment shall have the following powers, and it shall be its duty:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decisions, or determination made by an administrative official in the enforcement of this article.

(2)

To authorize upon appeal in specific cases such variances from the terms of this article as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this article will result in unnecessary hardship, and so that the spirit of this article shall be observed and substantial justice done. Such variances from the strict application of the terms of this article must be in harmony with its purpose and intent, and shall be authorized only when the board is satisfied that the applicant has proven the following conditions exist:

a.

That a literal enforcement of the provisions of this article will result in unnecessary hardship. Financial hardship is not sufficient to show unnecessary hardship.

b.

That the property in question is not suitable and usable for uses permitted in the district in which it lies, even though there will be a loss of profit or other economic disadvantage on account of the use.

c.

That the unnecessary hardship was not self-inflicted.

d.

That the hardship is unique to the land or parcel involved, and is not shared in general by others in the neighborhood, as a result of this chapter and thus perhaps requiring rezoning.

e.

That the variance will not alter the essential character of the locality, and the surrounding property will be protected.

f.

That the variance will not merely serve as a convenience to the applicant.

g.

That the variance requested is not in actuality a reclassification of land uses or the creation of new districts. Such action amounts to legislation, and may only be done by the legislative body of the municipality.

(3)

In hearing and deciding appeals, to grant special exceptions in the following instances:

a.

Interpret the provision of this article in such a way as to carry out the intent and purpose of the this chapter, as shown on the maps fixing the several districts, (on file in the office of the city secretary) and made a part of this article, where the street layout actually on the ground varies from the street layout as shown on said maps.

b.

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 provisions 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 convenience.

c.

Permit the reconstruction of a nonconforming building which has been damaged to the extent of more than 50 percent of its replacement cost.

d.

If no structural alterations are made, any nonconforming use of structure, or structure and premises in combination, may, as a special exception, be changed to another nonconforming use, provided the board of adjustment shall find that the proposed nonconforming use is not more nonconforming in the district than the previously existing nonconforming use.

(b)

In permitting such exceptions, the board of adjustment may require any conditions and safeguards as it shall deem appropriate to see that the purpose and intent of this article are met, and the violation of any such conditions or safeguards shall constitute a violation of this article.

(c)

In exercising the powers mentioned in subsection (a) of this section, the board may, in conformity with the provisions of Texas Local Government Code §§ 211.001—211.013 and this article, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.

(d)

The concurring vote of four 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 article, or to effect any variation in such article.

(Ord. No. 2014-01, § 1.17, 4-2-2014)