A. Authority
Per Texas Local Government Code Section 211.009, the Zoning Board of Adjustment may authorize, in specific cases, a variance from the terms of these Zoning Regulations if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done.
B. Conditions for Granting a Variance
In exercising its power to grant a Variance, the Zoning Board of Adjustment shall make findings and show in its minutes that:
1. There are special circumstances existing on the property on which the application is made related to the size, shape, area, topography, surrounding conditions, and location that do not apply generally to other property in the same area and the same zoning district.
2. A variance is necessary to permit the applicant the same rights in the use of his property that are presently enjoyed under this Ordinance by other properties in the vicinity and zone, but which rights are denied to the property on which the application is made.
3. The granting of a variance on the specific property will not adversely affect the land use pattern as outlined in the Land Use Plan and will not adversely affect any other feature of the Comprehensive Plan.
4. The granting of the variance will not be based upon the recognition of a self-imposed hardship or only the opportunity to make the property more profitable to the applicant and/or owner.
5. The variance, if granted, will be no material detriment to the public welfare or injury to the use, enjoyment, or value of property in the vicinity.
C. Limitations on Variance Granting Authority
1. The Zoning Board of Adjustment shall have no power to grant a use other than those permitted in the district for which the Variance is sought, except as specifically provided for in these Zoning Regulations.
2. The Zoning Board of Adjustment shall have no power to grant or modify provisions of an SUP authorized under
6.05. SUP Specific Use Permit Regulations.
The granting of a Variance shall not set a precedent.
E. Concurring Vote of 75 Percent Required
Per Texas Local Government Code 211.009.(c), the concurring vote of seventy-five (75) percent of the members of the Zoning Board of Adjustment is necessary to grant a Variance.
