The Zoning Board of Adjustment, created by city charter and state law, is comprised of five (5) members and three alternate members appointed by City Council. Members and alternates serve staggered two-year terms. The chair and the vice chair are appointed annually by City Council for one-year terms.
The board is a quasi-judicial body authorized under state law and city regulations to uphold the meaning and spirit of the zoning ordinance and to provide relief from strict adherence to certain development regulations. The Board is charged with hearing three types of cases: Zoning Variances, Special Exceptions, and Appeals. Decisions of the board are not subject to review by City Council; further action is to a court of law if an applicant chooses to further appeal a decision.
Under Texas law, the board cannot consider use regulations or change an ordinance regulation; laws limit the actions of the board based on the type of case.
Variances to regulations are considered when an applicant has demonstrated unique circumstances related to a site; when a variance is granted, it changes the way an existing ordinance is applied to the property.
Special Exceptions allow a single-family residence to be built or added onto in accordance with pre-annexation setback building lines; when granted the applicant is allowed to build to an older, less restrictive building line established through deed restrictions instead of the current building line established by zoning regulations.
An appeal may occur when a staff member has made a decision regarding a regulation and the applicant believes the interpretation or application of the standard was made incorrectly. If an applicant prevails, the board interpretation becomes the new standard and supplants the previous one.