HomeMy WebLinkAbout2018-O-29 - Amend Zoning Ordinance - BOA Variances ORDINANCE NO. 2018-0-29
AN ORDINANCE OF THE CITY OF STEPHENVILLE,TEXAS AMENDING THE ZONING ORDINANCE BY
CREATING SECTION 154.21.3 BOARD OF ADJUSTMENT—VARIANCES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE,TEXAS
The Zoning Ordinance of the City of Stephenville is hereby amended by adding the following:
Section 154.21.3: Board of Adjustment- Variances
21.3.A Definition.A variance is defined in Section 154.03. The terms"Variance"and "Special Exception"
may be used interchangeably.
21.3.6 Effective Date. A variance shall be deemed effective upon the date approved by the Board of
Adjustment.
21.3.0 Variance for the Construction of a Carport
1) Granting a Variance without a Public Hearing
a. Upon receipt of an application to construct a carport,the city manager or his designee
shall determine the following:
i. The carport is compatible with the existing home and other homes in the
neighborhood.
ii. The carport is within the minimum setbacks.
iii. The carport is no larger than 25 feet in width by 30 feet in length.
b. If the above criteria are met, the city manager or his designee will mail notice of the
proposed carport to every property owner within 200 feet of the property. The letter
must include the procedure and time limits for protest.
c. Within 14 days from the date of the notification letter, a petition with signatures from
35% of the property owners within the notification area must be returned to the city
manager or his designee or the special exception is considered granted without a hearing
before the board of adjustment.
2) Granting a Variance with a Public Hearing
a. If the criteria listed above are not met, or if a petition is filed with the city manager or his
designee as described above, a public hearing will be scheduled by the board of
adjustment to determine if a variance will be granted.
b. Notice of a public hearing to allow the construction of a carport shall be mailed to every
property owner within 200 feet of the property for which the special exception is
requested at least ten days prior to the meeting date.
c. Notice of the public hearing shall be published in the newspaper of record at least ten
days prior to the meeting date.
d. The concurring vote of 75% of the members of the board will be required to grant the
special exception.
,.^ 3) The city manager or his designee shall issue to the applicant appropriate documentation showing
the grant of the special exception. Such documentation and grant may contain restrictions, use
limitations, building requirements, and other matters determined to be appropriate and/or
necessary to meet the terms of this section.
21.3.D Variance for Off-Premises Signs (Billboards)
_ 1) In considering whether to grant a special exception from the regulations specified in 154.12-11
Prohibited Signs,the Board of Adjustment shall consider the following factors:
a. The effect on public health, safety, and welfare of the citizens;
b. The effect on the value of the surrounding property;
c. The potential for interference with the enjoyment and/or use of surrounding properties;
d. Aesthetics;
e. The necessity of the special exception for the public health, safety, and welfare of the
citizens, or for governmental purposes; and
f. The zoning district and the adjoining zoning districts of the property for which the special
exception is sought.
21.3.E Variance for Wireless Communication Facilities
1) In considering whether to grant a special exception from the regulations specified in 154.74
Wireless Communication Facilities,the Board of Adjustment shall consider the following factors:
a. The effect on public health, safety, and welfare of the citizens;
b. The effect on the value of the surrounding property;
c. The potential for interference with the enjoyment and/or use of surrounding properties;
d. Aesthetics;
e. The necessity of the special exception for the public health, safety, and welfare of the
citizens, or for governmental purposes; and
f. The zoning district and the adjoining zoning districts of the property for which the special
exception is sought.
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This ordinance shall be effective immediately upon its passage.
PASSED AND APPROVED this 7th day of August, 2018.
kv Doug Svie , Mayor
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