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
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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.
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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
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