Zoning Board of Adjustment

Overview

Section 211.008 of the Local Government Code provides that the governing body of a municipality may provide for a board of adjustment and may authorize the board of adjustment, in appropriate cases and subject to appropriate conditions and safeguards, to make special exceptions to the terms of the zoning ordinance that are consistent with the general purpose and intent of the zoning ordinance. Section 211.009 provides that the board of adjustment may hear and decide special exceptions to the terms of a zoning ordinance when the ordinance requires the board to do so. Section 211.009 further provides that the board of adjustment may authorize a variance from the terms of a zoning ordinance 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.

When faced with request for a variance, it is the duty of a zoning board of adjustment to determine whether literal application of the zoning ordinance to the particular piece of property would be unreasonable in light of the general statutory purpose to secure reasonable zoning. The reasonableness test is viewed in light of the practical difficulty of applying the ordinance to the property in question. A board of adjustment must act within strictures set by the legislature and the city council and may not stray outside its specifically granted authority. 

Meetings

The Zoning Board of Adjustment hears cases referring to variances to the building codes. Meetings are called as needed and held at City Hall. 

Agendas, Minutes and Streaming

View agendas, minutes or video stream

Agendas are posted at least 72 hours prior to the meeting, as required by state law.  Minutes are posted after they have been formally approved by the committee.  Meetings are live streamed at the time the meeting is held.  On-demand streaming of meetings is generally made available within one day following the meeting. 

Members

Contact

Contact members of the Zoning Board of Adjustments

Documents

• ZBA Attendance
• ZBA Bylaws

Request to Speak

Persons wishing to speak at a meeting can use the Request to Speak form to request to speak during Public Testimony, a Public Hearing or an Action Item.