Board of Adjustment

  • A Board of Adjustment is hereby established consisting of five (5) regular members, each to be appointed by the City Council.
  • The Board of Adjustment shall have the power to authorize upon appeal in specific cases, a variance from the terms of this Ordinance that, where owing to special conditions or circumstances not created or imposed by the property owner, a literal interpretation of the provisions of this Ordinance will result in an unnecessary hardship. Such variance shall not be contrary to the public health, safety and welfare and the hardship shall not be solely economic. In granting a variance, the Board may prescribe appropriate conditions and safeguards in conformity with the Ordinance. Violation of any such prescribed condition and safeguard shall be considered a violation of this Ordinance. 
  • No appeal to the Board of Adjustment shall be allowed on the same property or on the same or similar question prior to expiration of one year from the date of a ruling of the Board on any appeal unless other property in the same zoning district shall have been, within such one-year period, altered by a ruling of the Board, in which each such change of circumstances shall permit the allowance of an appeal. 
  • An application to appeal for a variance or special exception shall be filed with the City in the form prescribed by the City Manager, along with the appropriate fee and other information, in the quantity and manner also prescribed by the City Manager. The applicant shall be required to provide the following information:
    • A statement of fact addressing each of the following criteria:
      • Special conditions, characteristics, or circumstances exist that are peculiar to the land, structure or building involved, but are not applicable to other lands, structures, or buildings in the same zoning district;
      • Literal interpretation of the provisions of this Ordinance would create an undue hardship by depriving the applicant of the reasonable use of the land;
      • The circumstances creating the appeal are not the result of a hardship created or imposed by the applicant;
      • The granting of a variance will not be injurious to the public health, safety or welfare; and
      • Economic hardship is not the sole justification in considering the issuance of a variance.
  • Questions of interpretation of this Ordinance shall be referred to the City Manager, who shall have the authority to determine the meaning and interpretation of any provision of this Ordinance. Any person aggrieved, or any officer, department, or board of the City of Southside Place affected by any interpretation of the City Manager, may appeal said interpretation to the Planning and Zoning Commission, whose decision in the matter shall be final.