§ 13. Board of adjustment. [See also Code of Ordinances, § 2-3]

13-100 There is hereby created a board of adjustment which shall be organized, appointed, and function as follows:

13-200 Organization of board of adjustment: The board of adjustment shall consist of five members who are residents and taxpayers of the City of Grapevine, each to be appointed by resolution of the city council for a term of two years and removable for cause by the appointing authority 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 was made. Provided, however, that the city council may appoint two alternate members of the board of adjustment who shall serve in the absence of one or more of the regular members when requested to do so by the chairman of the board. All cases to be heard by the board of adjustment will always be heard by a minimum number of four members. These alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two years, and any vacancy shall be filled in the same manner, and they shall be subject to removal the same as the regular members.

13-201 Operational procedure:

(1)

The board shall adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with this ordinance or state law. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence, the acting chairman, may administer oath and compel the attendance of witnesses.

(2)

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 record 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.

(3)

Appeals to the board of adjustment can be taken by any person aggrieved, or by an officer, department, or board of the municipality affected by any decision of the building inspector. Such appeal shall be taken within 15 days' time after the decision has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the board of adjustment, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the records upon which the action appealed from was taken.

(4)

An appeal shall stay all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the board of adjustment after the 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 case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board of adjustment or a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.

(5)

No appeal to the board of adjustment for the same or related variance on the same piece of property shall be allowed prior to the expiration of six months from a previous ruling by the board on any appeal to such body unless other property in the immediate vicinity has, within the said six months period, been changed or acted on by the board of adjustment or city council so as to alter the facts and conditions on which the previous board action was based. Such change of circumstances shall permit the rehearing of an appeal by the board of adjustment prior to the expiration of six months period, but such conditions shall in no wise have any force in law to compel the board of adjustment, after a hearing, to grant a subsequent appeal. Such subsequent appeal shall be considered entirely on its merits and the peculiar and specific conditions related to the property on which the appeal is brought.

(6)

At a public hearing relative to any appeal, any interested party may appear in person, or agent, or by attorney. The burden of proof shall be on the applicant to establish the necessary facts to warrant favorable action of the board of adjustment on any appeal. Any special exception or variance granted or authorized by the board of adjustment under the provisions of this ordinance shall authorize the issuance of a building permit for a certificate of occupancy, as the case may be, for a period of 90 days from the date of the favorable action of the board, unless said board shall have in its action approved a longer period of time and has so shown such specific longer period in the minutes of its action. If the building permit and/or certificate of occupancy shall not have been applied for within said 90 day period or such extended period as the board may have specifically granted, then the special exception or variance shall be deemed to have been waived and all rights thereunder terminated. Such termination and waiver shall be without prejudice to a subsequent appeal and such subsequent appeal shall be subject to the same regulation and requirement for hearing as herein specified for the original appeal.

13-202 Actions of the board of adjustment:

(1)

In exercising its powers, the board may, in conformity with the provisions of the statutes of the State of Texas, as existing or hereafter amended, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and make such order, requirement, decision, or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken. The board shall have the power to impose reasonable conditions to be complied with by the applicant.

(2)

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the application on any matter upon which it is required to pass under this ordinance or to effect any variance in said ordinance.

(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 a court of record (district court) 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 in the office of the board and not thereafter.

13-203 Notice of hearing before board of adjustment required: The board of adjustment shall hold a public hearing on all appeals made to it and written notice of such public hearing shall be sent to the applicant and all other persons who are owners of real property lying within 200 feet of the property on which the appeal is made. Such notice shall be given not less than ten days before the date set for hearing to all such owners who have rendered their said property for city taxes as the ownership appears on the last city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the United States post office. Notice shall also be given by publishing the same in the official publication of the City of Grapevine at least ten days prior to the date set for hearing, which notice shall state the time and place of such hearing.

13-204 Jurisdiction of board of adjustment:

(1)

When in its judgment, 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 special variances and exceptions to the regulations herein established and take action relative to the continuance or discontinuance of a nonconforming use:

(a)

To hear and decide appeals, where it is alleged there is error on any order, requirement, decision, or determination made by the building inspector in the enforcement of this ordinance.

(b)

Interpret the intent of the zoning district map, where uncertainty exists because the physical features on the ground vary from those on the zoning district map, and none of the rules set forth in section 4 apply.

(c)

To approve the use of a lot or lots in a residential district, contiguous to (even if separated by a street or alley) an apartment, office, retail, commercial, or industrial district off-street parking of passenger vehicles, subject to such standards and safeguards as are appropriate for the protection of adjacent residential uses.

(d)

Initiate on its motion or cause, presented by interested property owners, action to bring about the discontinuance of a nonconforming use in accordance with 13-204(1)(e).

(e)

Require the discontinuance of a nonconforming use under any plan, whereby full value of the structure can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this ordinance.

(f)

Permit the change of occupancy of a nonconforming use to another nonconforming use in accordance with the provisions of section 12.

(g)

Permit the enlargement of a nonconforming use in accordance with the provisions of section 12.

(h)

Permit the reconstruction of a nonconforming structure or building on the lot or tract occupied by such building, provided such reconstruction does not, in the judgment of the board, prevent the return of such property to a conforming use or increase the nonconformity of a nonconforming structure, and provided that such actions conform to the provisions of section 12.

(i)

Require the vacation and demolition of a nonconforming structure, which is deemed to be obsolete, dilapidated, or substandard.

(j)

Permit such variance of the front yard, side yard, rear yard, lot width, lot depth, coverage, minimum setback standards, off-street parking, or off-street loading regulations, where the literal enforcement of the provisions of this ordinance would result in an unnecessary hardship, and where such variance is necessary to permit a specific parcel of land which differs from other parcels of land in the same district by being of such restricted area, shape, or slope that it cannot be developed in a manner commensurate with the development permitted upon other parcels of land in the same district. A modification of the standards established by this ordinance shall not be granted to relieve a self-created or personal hardship, nor for financial reason only, nor shall such modification be granted to permit any person a privilege in developing a parcel of land not permitted by this ordinance to other parcels of land in the district.