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MapLink™ | Procedures | 6.10. Appeal of an Administrative Decision

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6.10. Appeal of an Administrative Decision
A.    Authority
Per Texas Local Government Section 211.010, the Zoning Board of Adjustment may hear and decide appeals where it is alleged there is error on any order, requirement, decision or determination made by an administrative official in the enforcement of these Zoning Regulations.

B.     Filing Procedure
1.   Such appeal shall be filed within fifteen (15) days after the decision has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the Zoning Board of Adjustment a notice of appeal specifying the grounds thereof.
2.   The officer from whom the appeal is taken shall transmit to the Zoning Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.

C.    Stays
1.   An appeal shall stay all proceedings of the action appealed from unless the officer from whom the appeal is taken certifies to the Zoning Board of Adjustment after filing of the of appeal that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property.
2.   In such case, proceedings shall not be stayed, otherwise than by a restraining order that may be granted by the Zoning Board of Adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.

D.    Notice
1.   The Zoning Board of Adjustment shall fix a reasonable time for the hearing of an appeal, give the public notice thereof by posting such notice in the mail addressed to all owners of real property located within two hundred
(200) feet of the property on which the appeal is made, and by publishing notice of such hearing in a newspaper of general circulation in the City.
2.   Both the posted and published notice shall be given at least ten (10) days prior to the date set for the hearing. A party may appear at the appeal hearing in person or by agent or attorney. The Zoning Board of Adjustment shall decide the appeal within a reasonable time.

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 an Appeal of an Administrative Decision.