Loading...
HomeMy Public PortalAboutOrdinance No. 499-83 12-19-1983 ORDINANCE NO. 499 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS REPEALING ORDINANCE 470 IN ITS ENTIRETY; RECREATING THE ZONING BOARD OF ADJUSTMENT; PROVIDING FOR APPEALS, PROVIDING FOR NOTICE OF HEARINGS; ESTABLISHING A FEE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS THAT: I. ORDINANCE NO. 470 of the City of Richland Hills, Texas is hereby repealed in its entirety. II. That this ordinance is hereby adopted so as to establish a Zoning Board of Adjustment for the City of Richland Hills, and shall read as follows: A. Organization. There is hereby created a Board of Adjustment consisting of five (5) members, each to be appointed by the City Council for a term of two (2) years and removable for cause by the appointing authority upon written charges and after public hear- . ing. 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 (2) 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 Mayor or City Administrator, as the case may be, so that all cases to be heard by the Board of Adjustment will always be heard by a minimum num- ber of four (4) members. The alternate members, when appoint- ed, shall serve for the same period as the regular members, which is for a term of two (2) years, and any vacancy shall be filled in the same manner, and they shall be subject to removal the same as the regular members. B. Procedure. The Board shall adopt rules to govern its pro- ceedings; provided, however, that such rules are not incon- sistent with this ordinance or statutes of the State of Texas. Meetings of the Board shall be held at the call of the Chairman and at such times as the Board 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 shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or fail- . ing to vote, indicate 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. C. Appeals. (1) 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 the decision of the building inspector. Such appeal shall be taken within fifteen (15) days after the decision has been rendered by the building inspector, with the Board of Adjustment, a notice of appeal specifying the grounds of the appeal. The officer from whom the appeal is taken shall transmit to the Board all the papers constituting the decision being appealed. (2) An appeal shall stay all proceedings of the action appeal- ed from unless the officer from whom the appeal is taken certi- fies to the Board of Adjustment that a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed, unless a restraining order is granted by the Board of Adjustment or by a court of record. PAGE 2 (3) The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give the public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. D. Powers and Jurisdiction. The Board of adjustment is here- by given all the powers and the jurisdiction granted by Article lOllg, Vernon's Annotated Civil Statutes of Texas, and the Zoning Ordinances of the City of Richland Hills, Texas. E. Fee. Any person appealing the decision of the building inspector to the Board of Adjustment shall pay a fee of $100.00 to cover administrative costs, and such fee shall be paid at the time the notice of appeal is filed. III. That if any section, subsection, paragraph, sentence, clause, phrase, or word in this Ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council of the City of Richland Hills, Texas, hereby declares it would have enacted such remaining portions despite any • such invalidity, IV. This Ordinance shall take effect immediately from and after its date of passage. PASSED AND APPROVED this the 19th day of December A. D., 198. r AVID L. RAGAN, MAYO CITY OF RICHLAND LS, TEXAS AT33~E T: L s ~ PAULINE KEMPE, CITY SE RETARY CITY OF RICHLAND HILLS, TEXAS