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hereby repealed in its entirety.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:
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PAULINE KEMPE, CITY SE RETARY
CITY OF RICHLAND HILLS, TEXAS