The BOA review process will be required for any permit or application that requires final action from the BOA, as described in this Code.
Initiation of a BOA process may be made upon:
1. Application by the property owner of the affected property or its authorized agent.
2. An administrative exception may only be requested by the City Manager.
3. Appeal of an administrative decision may be initiated by any person aggrieved by the administrative decision, in compliance with section 211.010 of the Texas Local Government Code.
Applications must be made in a format consistent with requirements determined by the City Manager. Applications must include all materials determined necessary by the City Manager. Information regarding format requirements and submittal materials required for the application will be made available by the City Manager in advance of any application.
Appeal of an administrative decision must be made to the BOA in a format acceptable to the BOA.
Upon submission of an application, the City Manager will determine whether the application is complete, as described in Chapter
3.
Appeals of administrative decisions will be forwarded to the BOA regardless of completeness. The BOA will determine whether the appeal is complete.
Once a procedure has been initiated and the application deemed complete, the City Manager will review the application, considering any applicable criteria for approval and prepare a report to the BOA.
The City Manager may establish procedures for administrative review necessary to ensure compliance with this Code and state law.
The City Manager may assign staff to review the application and provide a preliminary report to the Manager.
The City Manager’s report may include a recommendation for final action.
The BOA will review the application, the City Manager’s report, conduct a hearing in accordance with the BOA’s established procedures and state law, and take final action on the application. In accordance with Texas Local Government Code 211.009, the concurring vote of 75 percent of the members of the board is necessary to:
1. reverse an order, requirement, decision or determination of an administrative official,
2. decide in favor of an applicant on a matter on which the board is required to pass under a zoning requirement (Chapter 4 of this Code), or
3. authorize a variation from the terms of the zoning ordinance (Chapter
4) of this Code.
The application must be complete and the information contained within the application must be sufficient and correct enough to allow adequate review and final action.
Specific criteria for considering Administrative Exceptions are provided in Chapter
3.
Specific procedures and criteria for considering appeals of administrative decisions are provided in Chapter
3.
A person aggrieved by a final action on a BOA procedure may appeal to a competent court of record within ten (10) days of the final action (see Texas Local Government Code, section 211.011). Failure to appeal within ten (10) days shall cause the final action to be contractually agreed to and the action will become final and unappealable. The action will be abated upon request of either party for mediation if appealed within 10 days.
Prior to filing an appeal with a competent court of record, any party to an appeal may request that alternative resolution of the dispute be attempted.
See
§ 2.03: Administrative Officials and Review Entities for more detailed information.
See
Chapter 2.00: Review Authority and Procedures for complete, detailed information.
