06 P&Z Agenda - Laserfiche WebLink

Home Browse Search

APPENDIX C--ZONING ORDINANCE § 16 ties to the Board of Adjustment, after the the structure and facilities can be am- notice of appeal shall have been filed with ortized within a definite period of time, him that by reason of facts stated in the taking into consideration the general certificate, a stay would, in his opinion, ctiaracter of the neighborhood and the cause imminent peril to life or property, necessity for all property to conform In such case, proceedings shall not be stayed to the regulations of this ordinance. otherwise than by a restralrdng order which Ail actions to discontinue a noncon- may be granted by the Board of Adjust- forming use of land or structure shall ment or by a court of record on applica- be taken with due regard for the prop~ tion on notice to the officer from whom erty rights for the persons affected when the appeal is taken and on due cause shown, considered in the light of the public welfare and the character of the area 16-104 The Board of Adjustment shall fix a rea- surrounding the designated noncon- sonable time for the hearing of an appeal, forming use and the conservation and give the public notice thereof, as well as preservation of property. The Board due notice to the parties in interest and shall from time to time on its own decide the same within a reasonable time. motion or upon cause presented by in- Upon the hearing any part may appear in terested property owners inquire into person or by attorney or by agent, the existence, continuation or main- 16-200 Jurisdiction.' When in its judgment, the tenance of any nonconforming use public convenience and welfare will be within the City. substantially served and the appropriate 16-300 Actions of the Board: use of the neighboring property ~vill not be substantially or permanently injured, a. In exercising its powers, the Board the Board of Adjustment may, in specific may, in conformity with the provisions cases, after public notice and public hear- of Articles 1011-A and including 1011-J lng, and subject to appropriate conditions of the 1925 Civil Statutes of Texas, as and safeguards authorize the following amended; revise or reform, wholly or special exceptions to the regulations herein partly, or may modify the order, re- established, qnirement, decisions, or determination appealed from and make such order, a. Permit the reconstruction, extension requirement, decision or determination or enlargement of a building occupied as ought to be made and shall have by nonconforming use on the lot or all the powers of the officer from whom tract occupied by such building pro- the appeal is taken including the power vided such reconstruction does not pre- to impose reasonable conditions to be vent the return of such property to a c6mplied with by the applicant. conforming use. b. The concurring vote of four (4) mem- b. Permit such modifications of the height, bets of the Board shall be necessary yard, area, coverage and parking regu- to revise any order, requirement, de- lations as may be necessary to secure cision or determination of any such appropriate development of a parcel administrative official, or to decide in of land which differs from other par- favor of the applicant on any matter cels in the district by being of such upon which it is required to pass under restricted area, shape, or slope that it this ordinance or to affect any vari- cannot be appropriately developed with- ance in said ordinance. out such modification, c. Any person or persons, jointly or sev- c. Require the discontinuance of noncon- erally, aggrieved by any decision of forming uses of land or structure under the Board of Adjustment or any tax- any plan whereby the full value of payer or any officer, department or 3067