Article 2. Ordinance Interpretation

3.200 Request for Interpretation

A request for official interpretation of this Zoning Ordinance shall be filed with the Board of Adjustment in accordance with the Board of Adjustment’s established rules of procedure.

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3.201 Fee Required

Every request shall be accompanied by the appropriate filing fee as provided in the Schedule of Fees and Charges contained in Chapter 25 of the City Code. No fee shall be charged for requests filed upon recommendation of the Zoning Commission, Plan Commission, Board of Adjustment or City Council.

3.202 Notice

  1. Written Notice
    Written notice of all appeals seeking an interpretation of the Zoning Ordinance concerning a specific property shall be given to owners of real property lying within 300 feet of the subject property.  Such notice shall be given not less than ten days before the date set for the hearing to all such owners who have rendered their property for City taxes, as the ownership appears on the last approved City Tax Roll.  Such notice may be served by depositing the same, properly addressed and postage paid, in the United States Mail. When property lying within 300 feet of the subject property is located in territory which was annexed to the City after the final date for making the renditions which are included on the last approved City Tax Roll, at least 15 days notice of the time and place of the public hearing shall be published in an official newspaper or a paper of general circulation in the City.
  2. Published Notice
    Public notice of all appeals seeking an interpretation of the Zoning Ordinance, which interpretation would apply throughout the City, shall be given by means of a legal advertisement appearing in the official newspaper or a paper of general circulation not less than ten days before the hearing. The notice shall identify the applicant, the nature of the question, and the affected provisions of the Zoning Ordinance.

3.203 Board of Adjustment Action

  1. Interpretation Procedure
    In making an interpretation of this Zoning Ordinance, the Board of Adjustment shall:
    1. Review and evaluate the request in light of the text of this Zoning Ordinance, the official zoning maps, the comprehensive plan and any other relevant information;
    2. Consult with City staff, as necessary; and
    3. Render a decision.
  2. Guidelines for Future Action
    In reaching its decision, the Board of Adjustment shall establish firm guidelines for future administrative actions on like matters.

3.204 Appeal

Any person aggrieved by any decision of the Board of Adjustment may present to a court   of record a petition duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of such illegality.  The petition shall be presented to the court within ten days after the filing of the decision in the Planning and Development Department in accordance with the procedures in Section 211.011, Texas Local Government Code, as amended.