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Zoning Board of Adjustment

Authority

The Zoning Board of Adjustment (ZBA) exercises the authority granted under Texas Local Government Code §211.009, Section 3.3.10 (Zoning Variances and Appeals), and Article X (Nonconformities) of the Ennis Unified Development Ordinance. The Board is responsible for hearing appeals arising from administrative determinations made in the enforcement of the zoning ordinance and for issuing decisions on requests for special exceptions to the provisions of the Unified Development Ordinance, as permitted under specified circumstances.

All decisions on appeals, variances, and required exceptions must receive a 75% affirmative vote of the board (4 out of 5 members) per Section 3.3.10(9) of the UDO. The ZBA’s decisions are final and binding and cannot be appealed to the City Commission. Instead, they are subject only to judicial review.

Conflicts

In accordance with Section 1.9.2 of the Unified Development Ordinance (UDO), the purpose of the UDO is to complement other federal, state and city regulations that impact land use. However, when this ordinance differs from any other applicable law or regulation, the more restrictive provision applies unless preempted by a higher authority law, as determined by the Administrator. Accordingly, when a more restrictive ordinance governs, certain variance requests are not forwarded to the Zoning Board of Adjustment for a public hearing and determination.

Meeting Schedule

The Zoning Board of Adjustment convenes on an as-needed basis when an appeal, variance or special exception request is filed.

Membership and Appointment

The Zoning Board of Adjustment consists of five (5) members and two (2) alternate members who are residents of the city and appointed by the City Commission. The alternate members act in absence of any regular member at the request of the Chair. The members of the Zoning Board of Adjustment serve renewable two‑year terms. All member and alternate terms begin upon appointment by the City Commission. The standard appointment period for new terms is August of each calendar year.