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HomeMy WebLinkAboutPO 6528: AMENDING ORD NO. 15-57 P .O. No. 6528 02/04/16 vrt ORDINANCE N ,. AN ORDINANCE AMENDING ORDINANCE NO. 15-57 , WHICH AMENDED SECTION 25-100 OF THE CODE OF ORDINANCES- ZONING, AND THE APPOINTMENT OF MEMBERS TO THE ZONING BOARD OF ADJUSTMENTS (REQUESTED ,BY COUNCILMEMBERS MOSELY, LEWIS, AND SCOTT) WHEREAS, Councilmembers Mosely, Lewis, and Scott have requested that the City Council of the City of Port Arthur amend Ordinance No. 15-57, which amended the process of the appointment of members to the Board of Adjustments, to meet the requirements as specified in 211 . 008 of the Texas Local Government Code as delineated in Exhibit "A" attached hereto. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS : Section J. . That the facts and opinions in the preamble are true and correct . Section 2 . That Ordinance No. 15-57, is hereby amended as to Section 25-100 -Zoning of the Code of Ordinances as it pertains to the appointment of members to the Board of Adjustments, as delineated in Exhibit "A" attached hereto in conformity with 211 . 008 of the Texas Local Government Code. Section 3. That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council . s.po6528 Section 4 . That the ordinance shall be effective immediately. READ, ADOPTED AND APPROVED on this day of A. D. , 2016, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote : AYES : Mayor: Councilmembers : NOES: Debris "Bobbie" Prince, Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: �. � i/& Valecia ! City Attorney APPROVED FOR ADMINISTRATION: Brian McDougal City Manager s.po6528 EXHIBIT "A" s.po6528 25-100. - Organization. There is hereby created a board of adjustment consisting of the same number of board members as the City Council (including its Chairman). The Mayor and each Councilmember will appoint a respective member to the board of adjustment. Councilmembers will notify the City Secretary in writing of the name of their appointee. A resolution giving notice of the appointment will be provided for City Council agenda for the public record . The board member will serve for a term of two years. The members are removable for cause by council upon written charges and after public hearing . Vacancies shall be filled for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment. Each member reappointed, or each new appointee, shall serve for a full term of two years unless removed. Effective Page 1 February of 2016, the existing board will be expanded by four regular board members, which will increase the size of the board to nine. The four existing alternate board members will continue to serve in the capacity of alternates, until their terms expire in 2017. After 2017, alternate members will no longer be required. Page 2 25-200. - Procedure. The board of adjustment shall adopt rules to govern its proceedings. The rules must be consistent with this ordinance or statutes of the State of Texas. Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board of adjustment may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board of adjustment 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. 25-201. Appeals. (1) Appeals to the board of adjustment may be made by any person aggrieved or by any officer, department or board of the municipality affected by the decision of the building official. Such appeal shall be made within 15 days after the decision has been rendered and shall specify the grounds for the appeal.The building official shall transmit to the board of adjustment all the papers constituting the record of the action being appealed. (2) An appeal shall stay all proceedings of the action appealed unless one of the following actions is taken: a. The building official certifies to the board of adjustment in writing that a stay would, in his opinion, cause immediate peril to life or property. The certificate shall state the reasons for his opinion. b. A restraining order is granted by the board of adjustment or by a court of law having jurisdiction over such matters. (3) The board of adjustment shall fix a reasonable time for the hearing of an appeal, give the owners of the property affected by the appeal notice of the hearing by mail and notify the public of the hearing by publishing a notice in a paper in general circulation in the City of Port Arthur at least ten days prior to the date set for the hearing. 25-202. Jurisdiction. When in its judgement, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, the board of adjustment may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards authorize the following and take the following action: (1) Hear and decide appeals where it is alleged there is error on any order, requirement, decision or determination made by the building official in the enforcement of this ordinance. (2) Special exceptions: a. Permit the reconstruction, extension or enlargement of a building occupied by a nonconforming use on the lot or tract occupied by such building. Permit reconstruction of a structure less than 60 percent destroyed. Permit the addition to off-street parking or off-street loading to a nonconforming use. b. Require the discontinuance by a specific time of nonconforming uses of land or structures under an amortization plan. The amortization plan shall consider the general character of the neighborhood, the necessity of all property to conform to the regulations of this ordinance, and the full value of the structure and facilities. Any discontinuance shall consider both the property rights of the persons affected and the public welfare. Page 3 (3) Permit variances in specific cases where special conditions will make literal enforcement of the provisions of the ordinance an unnecessary hardship. Any such variance must not be contrary to the public interest. In granting a variance, the board of adjustment shall make three of the four following findings: a. Special circumstances exist relating to size, shape, area, topography, surrounding conditions and location that do not apply generally to other property in the same area and the same zoning district. b. A variance is necessary to permit the applicant the same rights in the use of this property that are presently enjoyed under the ordinance, by other properties in the vicinity and zone. c. The granting of the variance on the specific property will not adversely affect the land use pattern as outlined by the land use plan and that it will not adversely affect any other feature of the comprehensive plan of the City of Port Arthur. d. The variance, if granted, will be no material detriment to the public welfare or injury to the use, enjoyment or value of property in the vicinity. 25-203. Actions of the board (1) The board of adjustment may change or affirm the action appealed. In making its decision, the board may also impose reasonable conditions on the applicant. The board shall conform to V.T.C.A., Local Government Code §§ 211.008 and 211.009. (2) The concurring vote of four members of the board of adjustment shall be necessary to revise any order, requirement, decision or determination. (3) 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 the municipality may present to the court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of illegality. Such petition shall be presented to the court within ten days after the filing of the decision by the board of adjustment and its recommendation in the minutes and not thereafter. Cross reference— Boards, authorities, commissions and committees, ch. 14; zoning board of adjustment, § 14-481 et seq. Page 4