§ 11.3. Jurisdiction.

When in its judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, the board of adjustment may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards, authorize the following special exceptions to the regulations herein established:

A1.

Appeal of an administrative decision. Consider an appeal from any person aggrieved by a decision of any administrative officer with authority over any matter regulated by this Unified Development Code or by any officer, department, board or division of the city affected by any decision of the administrative officer. Such appeal shall be received within 15 calendar days after the decision has been rendered by the administrative officer, by filing with the officer whose decision is being appealed and with the board of adjustment, a notice of appeal specifying the grounds of the appeal and the city's required fee.

A2.

Appeal of a Code decision. Consider an appeal from any person aggrieved by orders, decisions or determinations made by the building official, fire official or city engineer relative to the application and interpretation of the 2015 International Residential Code, International Building Code, International Plumbing Code, International Mechanical Code, International Energy Conservation Code, International Fuel Gas Code, International Fire Code, International Existing Building Code, 2014 National Electrical Code and City of Rockwall Standards of Design and Construction (Engineering Standards).

The officer from whom the appeal is taken shall forthwith transmit to the board, all papers constituting the record from which the action appealed was taken.

An appeal shall stay all proceedings of the action which has been appealed, unless the officer from whom the appeal is taken, certifies to the board that a stay would, in the officer's opinion, cause imminent peril to life or property.

In such case, proceedings shall not be stayed unless there is a restraining order granted by the board or by a court of competent jurisdiction on application, and notice is given to the officer whose decision is the subject of appeal.

B.

Odd shaped parcels. Permit such modifications of the height, yard, area, coverage and parking regulations as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area, shape, or slope that it cannot be appropriately developed without such modification.

C.

Nonconforming use. Permit the expansion or enlargement of a building occupied by a nonconforming use on the lot or tract occupied by such building, provided such reconstruction does not prevent the return of such property to a conforming use. Upon review of the facts, the board may establish a specific period of time for the occupancy to revert to a conforming use.

D.

Change of nonconforming use. To authorize a change of use from one nonconforming use to another nonconforming use, provided that such change is to a use of the same or more restricted classification. In the event that a nonconforming use is changed to a nonconforming use of a higher or more restrictive classification, the building or structure containing such nonconforming use shall not later be reverted to the former lower or less restricted classification. The board may establish a specific period of time for the conversion of the occupancy to a conforming use.

E.

Discontinuance of a nonconforming use. Require the discontinuance of nonconforming areas of land or structures under any plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this [Unified Development Code].

1.

All actions to discontinue a nonconforming use of land or structure shall be taken with due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of property.

2.

The board shall from time to time on its own motion or upon cause presented by interested property owners inquire into the existence, continuance or maintenance of any nonconforming use within the city.

F.

Structure for a legal nonconforming use. Permit the construction, reconstruction, enlargement or addition of a structure occupied by or for a use, normally ancillary to a single-family residential use, when such single-family residential use or structure, is legally nonconforming; provided, however, such construction, reconstruction, enlargement or addition does not prevent the return of such property to a conforming use.

G.

Nonconforming structure. To authorize the reconstruction and occupancy of a nonconforming structure, or a structure containing a nonconforming use, where such structure has been damaged by fire or other causes to the extent of more than 50 percent, but less than the total, of the replacement cost of the structure on the date of the damage. Such action by the board of adjustment shall have due regard for the property rights of the person or person affected, and shall be considered in regard to the public welfare, character of the area surrounding such structure, and the conservation, preservation and protection of property.

H.

Expansion of a nonconforming structure. To authorize the enlargement, expansion or repair of a nonconforming structure in excess of 50 percent of its current value. In such instance, the current value shall be established at the time of application for a hearing before the board. If such expansion or enlargement is approved by the board, all provisions of the district in which such structure is located shall apply to the new construction on the lot or parcel.

I.

Occupation of an abandoned nonconforming structure. To authorize the occupancy of an abandoned nonconforming structure. Such action by the board shall have due regard for the property rights of the person or persons affected, and shall be considered in regard to the public welfare and safety, character or the area surrounding such structure, and the conservation, preservation and protection of property.

J.

Violation of other ordinances. The board is not authorized to permit or approve any request that would be in violation of any other ordinances or city regulations that would prohibit such improvement or construction to be made.

(Ord. No. 18-13, § 2, 3-5-2018)