From
Mark Dempsey
Title
TA190701 - Text Amendment - Ordinance amending Article 2, Section 5, "Zoning Board of Adjustments and Appeals," of the Unified Development Code of the City of Grand Prairie, Texas to clarify term limits of Board Members. (On July 1, 2019, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0).
Presenter
David P. Jones, Chief City Planner
Recommended Action
Approve
Analysis
Local Government Code, Chapter 211. Municipal Zoning Authority; Subchapter A. General Zoning Regulations, Section 211.008(b). Board of Adjustment states, "A board of adjustment must consist of at least five members to be appointed for terms of two years." Currently, members of the Zoning Board of Adjustment are appointed for three-year terms.
Body
AN ORDINANCE AMENDING ARTICLE 2, SECTION 5, “ZONING BOARD OF ADJUSTMENTS AND APPEALS,” OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF GRAND PRAIRIE, TEXAS; PROVIDING SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1
That, Section 5, “Zoning Board of Adjustments and Appeals,” of Article 2 of the Unified Development Code of the City of Grand Prairie, Texas, is hereby amended to read as follows:
“SECTION 5 - ZONING BOARD OF ADJUSTMENT AND APPEALS
2.5.1 Creation; function.
There is hereby created a Zoning Board of Adjustment and Appeals, which shall have the authority and jurisdiction and shall operate under the procedures established by Article 1011g Vernon’s Ann. Civ. St. and by the Zoning Ordinance No. 2299 as amended cited in Chapter 28 of this Code.
(Ord. No. 3359, § 3, 7-6-1982)
2.5.2 Composition; Alternates; Appointment of Officers; Quorum.
The Zoning Board of Adjustment and Appeals of the City of Grand Prairie shall be composed of nine (9) members, each to be appointed by the City Council for a term of two (2) years in such manner as the City Council may choose. No member may be appointed for more than three (3) consecutive two (2) year terms nor more than six (6) years unless the City Council, by a three-fourths (3/4) vote of all Council members, shall waive this limitation for a specific appointment. The City Council may appoint up to four (4) alternate members of the Board, who shall serve in the absence of one or more regular members. The alternate members, when appointed, shall serve for the same period as the regular members, and any vacancy shall be filled in the same manner as for regular members. Alternate members shall be subject to removal under the same provisions as regular members. The Zoning Board of Adjustment and Appeals shall have the power to adopt its own bylaws and to adopt its own procedures, consistent with state law. The Zoning Board of Adjustment and Appeals shall elect from its members a Chairman and a Vice-Chairman in accordance with its own internal procedures. The Secretary of the Board shall be such person as may be designated by the City Manager or designee. The Secretary, subject to the provisions of the Unified Development Code and the Code of Ordinances, these rules, and the direction of the Board and its Chairperson, shall conduct all correspondence of the Board; shall send out all notices required by these rules and the order of the Board shall attend all meetings of the Board; shall scrutinize all applications to determine compliance with Board rules and the Unified Development Code; shall keep the dockets and the minutes of the Board’s proceedings; shall compile all required records; shall maintain the necessary files and indexes and generally supervise all clerical work of the Board. Seven (7) members of the Zoning Board of Adjustment and Appeals shall constitute a quorum. A vote of seven (7) members sitting in judgment of any action or controversy shall be required to pass any motion or recommendation. The Zoning Board of Adjustment and Appeals shall meet at such times as it may be directed to meet by the City Council and at such other times as the Zoning Board of Adjustment and Appeals may deem appropriate.
2.5.3 Powers and Duties.
The Zoning Board of Adjustment and Appeals shall have the following powers and duties:
A. To hear and decide appeals from decisions of the Building Official;
B. To grant variances from zoning regulations, pursuant to the standards and procedures established by this Code;
C. To hear and decide special exceptions expressly provided by this Code;
D. To bring about the discontinuance or amortization of a non-conforming use;
E. To hear and decide requests for construction, reconstruction, extension, or enlargement of a building on a lot or tract occupied by a non-conforming use, pursuant to the standards and procedures established in Article 19, “Non-Conforming Development” of this Code;
F. To undertake such actions as may be necessary to exercise its delegated powers;
G. To permit the construction, reconstruction, enlargement or addition of a structure occupied by or for a use normally ancillary to a single-family residential use, when such single-family residential use or structure, including non-conforming uses; provided, however, that such construction, reconstruction, enlargement, or addition does not prevent the return of such property to a conforming use. The Board is not authorized to permit or approve any request that would be in violation of any other ordinances or City regulation that would prohibit such improvement or construction to be made.”
SECTION 2
That Article 2 of the Unified Development Code of the City of Grand Prairie, Texas, as amended, shall be and remain in full force and effect save and except as amended by this Ordinance.
SECTION 3
That the terms and provisions of this Ordinance are severable and are governed by Section 1-4 of the Code of Ordinances of the City of Grand Prairie, Texas.
SECTION 4
That this Ordinance shall be and become effective immediately upon and after its passage and approval.
PASSED AND APPROVED this the 18th day of June, 2019.
Case No. TA190701
Ordinance No. 10666-2019