Board of Adjustments |
The Board of Adjustment is a quasi-judicial body consisting of five Council appointed members and two alternates. Each member serves a two year term and can be reappointed by the City Council at the term’s expiration. The Board of Adjustment has regularly scheduled meetings on the third Wednesday of each month at 7:00 p.m. in the City Council Chambers. Meetings are only held when a case is to be presented for the Board to hear.
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As established by The Colony Code of Ordinances, Appendix A, Section 21, the Board of Adjustment may authorize special exceptions under the following circumstances: |
1. Permit the reconstruction, extension or enlargement of a building occupied by a nonconforming use on the lot or tract occupied by such building or the reconstruction of a structure destroyed by fire or the elements not to exceed sixty (60) per cent of its reasonable value and the addition of off-street parking or off-street loading to a nonconforming use.
2. To hear and decide appeals where it is alleged there is error on any order, requirement, decision or determination made by the building official in the enforcement of the Zoning Ordinance.
3. Permit such variance or 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. In exercising its power to grant a variance in accordance with the Zoning Ordinance, the Board of Adjustment shall make findings and show in its minutes that:
a) There are special circumstances existing on the property on which the application is made related to size, shape, area, topography, surrounding conditions and location that do not apply generally to other property in the same area and the same zoning district.
b) That a variance is necessary to permit the applicant the same rights in the use of this property that are presently enjoyed, under the ordinance, by other properties in the vicinity and zone, but which rights are denied to the property on which the application is made.
c) That the granting of the variance on the specific property will not adversely affect the land use pattern as outlined by the land use plan and will not adversely affect any other feature of the comprehensive plan of the City of The Colony.
d) That the variance, if granted, will be no material detriment to the public welfare or injury to the use, enjoyment or value of property in the vicinity.
4. Require the discontinuance of nonconforming uses of land or structure 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 of all property to conform to the regulations of this ordinance. All actions to discontinue a nonconforming use of land or structure shall be taken with due regard to 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 the property. The Board, shall, from time to time, on its own motion or upon cause presented by interested property owners inquire into the existence, continuation or maintenance of any nonconforming use within the city. |
The members of the Board of Adjustment also serve as the Sign Board of Appeal. When necessary, the Sign Board of Appeal meets on the third Thursday of the month at 7:00 p.m. in the City Council Chambers.
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Chapter 6, Section 6-32 of the Code of Ordinances grants the Sign Board of Appeal the authority to grant variances to the sign ordinance. The variance process is outlined below: |
1. In considering the request for a variance to requirements of this article, the Sign Board of Appeal shall consider, but not be limited to, the degree of variance, the reasons for variances requested, the location of property, the effect on public safety, protection of neighborhood properties, the use of the premises, the degree of hardship or injustice involved and the effect of the variance on the general plan for signage within the City.
2. The Sign Board of Appeal may only grant a variance for sign size not to exceed a 25 percent increase and sign height not to exceed a 25 percent increase.
3. The Sign Board of Appeal may grant the variance requested, grant a variance of a lesser nature than requested, or deny a variance request. In considering a variance from the area or height limitations of this article, the sign board of appeal shall consider the proximity of nonconforming existing signs to the location of the requested variance and the area and height of such nonconforming signs. |
Current Board of Adjustments Members
| Place |
Member |
Term Expiration Date |
| 1 |
Duane Sanders, Chair |
December 2009 |
| 2 |
Donna McCright |
December 2009 |
| 3 |
Gerald Odum, Vice Chair |
December 2010 |
| 4 |
Cesar Molina, Jr. |
December 2010 |
| 5 |
Rolando Reyes |
December 2009 |
| Alternate 1 |
Constance Yahwak |
December 2010 |
| Alternate 2 |
Vacant |
December 2009 |
Council liaison:
Staff liaison: Wes Morrison, City Planner
Recording secretary: Tracey Sherman
2008 Agendas and Meeting Minutes
Jan |
Feb |
Mar |
Apr |
May |
Jun |
Not Scheduled
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Not Scheduled |
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Jul |
Aug |
Sept |
Oct |
Nov |
Dec |
Not Scheduled |
Not Scheduled |
Not Scheduled |
No Scheduled |
Not Scheduled |
Not Scheduled |
Please visit our Citizen Action Center to submit questions, requests, and receive informational emails.
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6800 Main Street