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HomeMy WebLinkAboutORD 870087.00AORDINANCE NO, 1m]'NA AN ORDINANCE OF THE CITY OF GEORGETOWN, TEXAS, AMENDING ITS ZONING ORDINANCE ESTABLISHING A BOARD OF ADJUSTMENT; PROVIDING THE ORGANIZATION OF SAID BOARD; ESTABLISHING PROCEDURES FOR REQUESTING HEARINGS WITH SAID BOARD; PRESCRIBING POWERS OF SAID BOARD AS TO INTERPRETATIONS, VARIANCES, AND SPECIAL EXCEPTIONS; PRESCRIBING THE MANNER IN WHICH THE SAID BOARD SHALL RENDER ITS DECISIONS; GOVERNING NEW APPLICATIONS AND APPEALS FROM THE SAID BOARD OF ADJUSTMENT; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR A SAVINGS CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE, WHEREAS, the City Council of the City of Georgetown, Texas, desires to promote the public health; safety, morals, and welfare of the community; and WHEREAS, Section 11 of the Zoning Ordinance prescribes a Board of Adjustment separate and distinct from the legislative function of the City Council; and WHEREAS, the City Council has served as the Board of Adjustment and rendered decisions to requests typically heard by a Board of Adjustment; and WHEREAS, the City Council recognizes the need for an independent body of local citizens separate from any municipal affiliation to serve in an impartial manner in rendering interpretation, special exception, and variance decisions relative to the Zoning Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS; That Appendix A of the Code of Ordinances of the City of Georgetown (the Zoning Ordinance), Part II, is hereby amended to read as follows; PART ELEVEN; BOARD OF ADJUSTMENT Section 11.1 BOARD OF ADJUSTMENT CREATED There is hereby created within and for the City of Georgetown a Board of Adiustment, hereinafter referred to as the Board", with the powers and duties as set forth below, Page 1 of 6 Section 11.2 ORGANIZATION The Board of Adjustment shall consist of five (5) members whose appointments shall be made on the recommendation of the Mayor and approved by vote of a majority of the City Council in regular open meetings; each to be appointed for a term of two (2) years; provided, however, that for the first appointment under the provisions of this Ordinance, two (2) members shall be appointed for a term of one Hi year and three (3) members shall he appointed for a term of two (2) years. All appointments thereafter shall be for a term of two (21 years. The term of office shall expire on the last day of March in the year the term is completed. Members may be removed for cause by the appointing authority upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose position becomes vacant. Amaximum of four (4) alternate members may he appointed to the Board and shall serve in the absence of one or more regular members when requested to do so by the City Manager or his designated representative. The alternate members shall: he appointed; serve; have vacancies filled; and be subject to removal in the same manner and for the same period as the regular members. Two (2) of the Board's five (5) members shall be active members of the City of Georgetown's Planning and Zoning Commission and their appointments to the Board shall terminate upon the expiration of their terms as Planning and Zoning Commissioners, except as otherwise provided for herein. Furthermore, Members of the Board must be registered voters in the City of Georgetown and must have resided within the City for one (I) year next preceeding their appointment. The Board shall not have more than one-fourth of its members directly or indirectly connected with real estate and land development. Section 11.3 PROCEDURE The Board shall adopt rules.in accordance with the provisions of this Ordinance, A Chairperson shall be selected from among the members of the Board but in no instance shall the Chairperson of the Board also serve in the capacity of Chairperson of the Planning and Zoning Commission. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. The Chairperson, or in his absence, the Vice -Chairperson 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 indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Director and shall be a public record. The Page 2 of 8 concurring vote of four (4) 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 Ordinance, or to effect any variation in this Ordinance, All questions of interpretation and enforcement shall first he presented to an administrative official, and such questions shall be presented to the Board only on appeal from the decision of an administrative official, and recourse from the decision of the Board shall be by appeal to a Court of Record as herein provided, Appeals to the Board may be taken by any person aggrieved or by any officer,department, board, or division of the City affected by any decision of an administrative official. Such appeal shall be taken within thirty (30) days from the date of the decision by filing with the officer from whom the appeal is taken or with the Director a notice of appeal specifying the grounds thereof, and by paying the filing fee at the time the notice is filed, 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 from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board, after 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 cases, proceedings shall not be stayed otherwise than by a restraining order which may he granted by the Board or by a Court of Record on application and notice to the officer from whom the appeal is taken and on the cause shown. The Board shall fix a reasonable time for the hearing of the appeal, giving public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time, Upon the hearing any party may appear in person or by agent or by attorney, The public notice required by this section shall be given by publication at least once in a newspaper of general circulation in the city, stating the time and place of such hearing, which will not be earlier than fifteen 1151 days from the first date of such publication. In addition thereto, for all applications for a variance or special exception notices of such hearings shall be mailed not fewer than ten days prior to such hearing to the petitioner and to each owner of property lying within two hundred (200) feet of any point or portion of the property for which a variance or special exception is requested and to all other persons deemed by the Board to be affected thereby. Such owners and persons shall be determined according to the current tax rolls of the City, and substantial compliance therewith shall be deemed sufficient provided, however, that written certification to the Board that such written notice was mailed shall be deemed sufficient compliance with the purpose of this notice, Page 3 of 9 Furthermore, all applications for a variance or special exception shall comply with the procedural requirements mandating the posting of notice signs as set forth below in Section 14.2031 of this ordinance, The duties of the City Council in connection with this ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise from time to time, The procedure for deciding such questions shall be as stated in this section and this ordinance, Under this ordinance, the City Council shall have only the duties; 1. of considering, adopting, or rejecting proposed amendments, or repealing this ordinance, as provided by law; and 2, of establishing a schedule of fees for appeals hereunder, for building permits and all other expenses connected with the enforcement of this ordinance; 3. as specifically assigned by this Ordinance. Section 11.4 POWERS The Board shall have and be entitled to exercise the following powers; 11,401 interpretations 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 interpretation or enforcement of this Ordinance. 11.402 Variances Where, by reason Of: 1. Exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the original adoption of this Ordinance; or 2. Exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, which condition is not generally prevalent in the area, the strict application of the provisions of this Ordinance would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, the Board is hereby empowered to authorize upon an appeal relating to such property a variation from such strict application so as to relieve such difficulties or hardship, and to establish such requirements relative to such property as would carry out the purpose and intent of this ordinance. Page 4 of 8 In granting approval of a request for variance the Board shall certify that; a. The public convenience and welfare will he substantially served; and h. The appropriate use of surrounding property will not be substantially or permanently impaired or diminished; and c. The applicant has not created the hardship from which relief is sought; and d, The variance will not confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property; and e. The hardship from which relief is sought is not solely of an economic nature. 11.403 Special Exceptions To hear and decide special exceptions in accordance with the terms and conditions as specifically set forth in this ordinance and in particular; 1. To permit a transitional use in the "R -S" Single Family Residential District as set forth in Section 2.9 of this Ordinance. 2 To permit an extension of time to allow salvage and wrecking yards to conform to the requirements of this Ordinance as set forth in Section 4.101 herein, 3, To permit the use of a lot or lots in a "R" Residential District adjacent to a "C" Commercial or "1" Industrial District even if separated therefrom by an alley for the parking of passenger cars, provided no fee is charged, and under such safeguards and conditions as the Board may require for the adequate protection of the more restricted property. 4. To permit the reconstruction of a building occupied by a non -conforming use, provided such reconstruction does not prevent the return of such property to a conforming use and the structure conforms to the Area, Parking, Height, Landscaping Regulation of the toning district in which the property is located, 5. To require the discontinuance of nonconforming uses of land, (not principal structures) under any plan whereby the full value of any improvements can be amortized within a reasonable number of years, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this Ordinance, Page 5 of B 6. To reduce the required number of off-street parking spaces if it can be shown that the required minimum as herein established will not at any time he necessary because of the character of the proposed uses and a probable limited quantity of employees, clients, customers or tenants, or to achieve the preservation and protection of significant natural and cultural features. 7, To permit any use of public buildings to be erected or used by the City, County, State or Federal Government. 8. To permit the location of transmitting towers and antennae for any radio or television broadcasting station. 4. To permit installation of a public utility either publicly or privately owned. 10. To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown of record. 11, To interpret the provisions of this Ordinance where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is attached to and made a part of this Ordinance. Section I1.5 DECISIONS In exercising the above mentioned powers as set forth in Section 11,4 of this Ordinance, the Board may, in conformance with the provisions of this Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decisions, or determination appealed from and may 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, Every ruling made upon any appeal to the Board shall be accompanied by a written finding of fact based upon the testimony received at the hearing afforded by the Board, and shall specify the reason for granting or denying the appeal. All such decisions shall be set forth in a written order, signed by the Chairperson and filed for record in the office of the City Secretary, Section 11.6 NEW APPLICATIONS No application appealing the same or essentially the same decision of an administrative official nor requesting the same or substantially the same variance or special exception on the same or substantially the same property shall again be considered by the Board within one 111 year of the date of the Board's original order an the matter, Page 6 of B Section 11.7 APPEALS FROM THE BOARD OF ADJUSTMENT Any person or persons, board, taxpayer, department, or division of the City aggrieved by any decision of the Board of Adjustment may within ten (10) days after filing of the order of the Board, seek review by a Court of Record, hereinafter referred to as the "Court", by filing with the Court a petition of appeal, which said petition shall specify in detail the grounds of such appeal. A copy of such petition shall he filed with the City Secretary, and with the Chairperson of the Board. Upon filing of the petition of appeal, as herein provided, said Board shall forthwith cause to be transmitted to the Court Clerk of the Court the original, or certified copies, of all the papers constituting the record in the case, together with the order, decision, or ruling of the Board. Said case shall he heard and tried de novo by the Court as in all other civil actions. An appeal to the Court from the Board stays all proceedings and the action appealed from unless the Chairperson of the Board, from which the appeal is taken, certifies to the Court Clerk after the petition of appeal has been filed, that by reason of fact stated in the certificate a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not he stayed other than by a restraining order, which may be granted by the Court upon application or notice to the administrative official from whom the appeal is taken upon notice to the Chairperson of the Board from which the appeal is taken, and upon due cause being shown, The Court may reverse or affirm, wholly or partly, or modify, the decision brought up for review. This ordinance shall be effective for all property located within the corporate limits of the City of Georgetown, Williamson County, Texas, on the date in which it is read, passed and approved on the second and final reading and signed by the Mayor of the City of Georgetown, Texas. Any property annexed after passage of this Ordinance shall be governed by the provisions of this ordinance. IV. The existing Part II of the Zoning Ordinane and all other Ordinances, parts of Ordinances, or Resolutions in conflict with this Ordinance are expressly repealed. Page 7 of B V, If any article, paragraph or part of a paragraph of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the same shall not invalidate or impair the validity, force or effect of any other article, paragraph or part of a paragraph of this Ordinance, READ, PASSED, AND APPROVED on first reading this _d _ day of Fcg unBV19871 READ, PASSED, AND APPROVED on second and final reading this f ll day of 1UjjL _, 1987. CITY OF GEORHTDW y BY: Y JIM COLRERT, MAYOR AT Ir PAT CABALLERO, City Secretary APPROVED AS TO FORM: STOMP & TOM City Attorney Page 8 of 8