§ 11-4. Board of adjustment

A. Created.

(1) Under the authority of the Home rule Charter of the City of Sachse, Texas there is hereby created a board of adjustment. This board shall consist of five members and may include four alternates, appointed by a majority of the city council for a term of two years. Vacancies on the board shall be filled first by alternate members on the basis of seniority. All other vacancies shall be filled by appointment by the original appointing authority of a suitable person to serve out the unexpired term of any member whose place on the board has become vacant for any cause.

(2) If any member of the board of adjustment is absent from three consecutive regular meetings, such member may be removed by the City Council.

B. Purpose, meetings, minutes. The board is hereby vested with power and authority, in appropriate cases and subject to appropriate conditions, and safeguards to make such exceptions to the terms of the zoning ordinance of the City of Sachse in harmony with its general purpose and intent and in accordance with general or special rules therein contained for the purpose of rendering full justice and equity to the general public. The board may adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with this section. Meetings of the board shall be held at the call of the chairman, who may administer oath 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. Appeals to board. Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board of municipality affected by any decision of the administrative office. Such appeals shall be taken within 15 days time after the decision has been rendered by the administrative office, by filing with the officer from whom the appeal is taken and the board of adjustment, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all papers constituting the record upon which the action appealed was taken. An action appealed from shall stay all proceedings upon the action appealed, unless the officer from whom the appeal is taken certified to the board of adjustment, after the notice of appeal has 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 of adjustment or by a court of record or application on notice to the officer from whom the appeal is taken and due cause shown.

D. Powers.

(1) The board of adjustment shall have the following powers: to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of the zoning ordinance. To hear and decide special exceptions to the terms of the zoning ordinance upon which the board is required to pass under this section.

(2) To authorize upon appeal in special cases, such variances from the terms of the zoning ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the zoning ordinance will result in unnecessary hardship, and to that the spirit of the zoning ordinance shall be observed and substantial justice done.

(3) In exercising its powers the board may, in conformity with the provisions of articles 1011-a and including 1011-j of the 1925 Civil Statutes of Texas, revise or reform, wholly or partly, or may modify the order, requirements, decision or determination as ought to be made and shall have all the powers of the officer for whom the appeal is taken.

(4) To hold hearings and make determinations as to the proper amortization schedule to be fixed for nonconforming uses which have failed to comply with the city Ordinances concerning zoning after said tract has been annexed and brought into the City of Sachse, Texas. The board shall, in accordance with law, provide a compliance date for the nonconforming use under a plan whereby the owner's actual investment in the use before the time that use became nonconforming can be amortized within a definite period. In this connection, the factors to be considered by the board of adjustment in making its determination will be:

(a) The amount of time required for the property owner to terminate the nonconforming use and to recover its investment in the nonconforming structures.

(b) The actual dollars invested in the nonconforming structures, less the past depreciation taken by the owner, which shall be the owner's investment in the structure in (a) above.

(c) The property owner's reasonable and necessary opportunity for recovery of its investment shall be measured from the time the existing use becomes nonconforming, not be conditions upon the expiration of the city's tolerance.

(d) The effects of the nonconforming use on adjoining properties and the surrounding area and the effect of cessation.

(e) The suitability or lack thereof of the nonconforming use to the adjoining properties.

(f) The effects of the nonconforming use on new development in the city.

(g) The health, safety, and welfare of the community with regard to the nonconforming use.

E. Seventy-five percent vote required. Each case heard before the board must be heard by 75 percent of the board members. The concurring vote of 75 percent of the members of the board is necessary to decide in favor of any applicant or action (i.e. 75 percent of five is four votes required for passage). In the event a member is not sitting due to a conflict of interest, three favorable votes are required for passage (i.e. 75 percent of four is three).

F. Appeals of board decisions. Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment or any taxpayer or any officer, department or board of municipality 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 the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the board and not thereafter.

(Ord. No. 548, 2-4-87; Ord. No. 1101, 8-16-93; Ord. No. 1345, 3-4-96; Ord. No. 1365, 5-20-96; Ord. No. 1709, 2-7-00; Ord. No. 3555, § 4, 1-6-14)