§ 35-481. Appeals to Board of Adjustment.
(a)
Applicability.
(1)
Generally. Except as provided by subsection (2), any of the following persons may appeal to the board of adjustment a decision made by an administrative official:
• A person aggrieved by the decision; or
• Any officer, department, board, or bureau of the city affected by the decision.
(2)
Exception. A member of the governing body of the municipality who serves on the board of adjustment under V.T.C.A. Local Government Code § 211.008(g) may not bring an appeal under this section.
(b)
Initiation.
(1)
Application. Such appeal shall be taken by filing with the director of planning and development services and with the board of adjustment, within the time provided by this chapter, a notice of appeal specifying the particular grounds upon which the appeal is taken and the payment of the fee specified in Appendix "C." Upon receipt of a notice of appeal, the director of planning and development services shall transmit to the board of adjustment all of the original documents and materials, or true copies thereof, constituting the record upon which the order or decision appealed from was based.
(2)
Automatic Stay. An appeal from an order of the director of planning and development services to the board of adjustment shall stay all proceedings unless the director of planning and development services certifies that, by reason of the facts stated in the certificate, a stay in his opinion would cause imminent peril to life or property. When such a certificate is filed, proceedings shall not be stayed except by a restraining order granted by the board of adjustment or a court of proper jurisdiction.
(3)
Time Limit for Appeal. The board of adjustment shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest. Appeals to the zoning board of adjustment from any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter shall be made within thirty (30) days after such order, requirement, decision or determination by filing with the director of the department of planning and development services and with the board of adjustment a notice of appeal.
(c)
Completeness Review. The director of planning and development services shall review the notice of appeal for completeness within two (2) working days. The appellate agency for purposes of completeness review (see subsection 35-402(c) of this chapter) shall be the board of adjustment.
(d)
Decision.
(1)
Appearance. A party may appear at the appeal hearing in person or by agent or attorney.
(2)
Hearing. The board of adjustment shall consider the appeal at a quasi-judicial public hearing pursuant to section 35-404. Pursuant to V.T.C.A. Local Government Code § 211.009(b), the board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the board has the same authority as the administrative official. Pursuant to V.T.C.A. Local Government Code § 211.009(b), the concurring vote of seventy-five (75) percent of the members of the board is necessary to reverse an order, requirement, decision, or determination of an administrative official.
(3)
Time Limit for Decision. The board shall decide the appeal within a reasonable time.
(e)
Appeal from Board of Adjustment. An appeal from a board of adjustment decision shall be filed pursuant to V.T.C.A. Local Government Code § 211.011. The date the decision is filed in the board's office shall be the date board takes action to approve the minutes for the meeting in which the decision that is being appealed took place. During the pendency of an appeal to district court the proceeding will not be stayed except as provided by V.T.C.A. Local Government Code § 211.011.
(Ord No. 98697 § 4 and 6) (Ord. No. 101816, § 2, 12-15-05) (Ord. No. 2008-04-03-0267, § 2, 4-3-08) (Ord. No. 2009-01-15-0001, § 2, 1-15-09) (Ord. No. 2010-11-18-0985, § 2, 11-18-10; Ord. No. 2015-12-17-1077 , § 2, 12-17-15)