Zoning Board of Adjustments
What to Expect
City of Harlingen 2001

You've been told you need a variance or special exception to a City Ordinance.  What do you do now?

The Process

First, one of our staff members will sit down with you and discuss your options for your particular problem. Explain the situation in detail, we are here to assist you.

If we determine that you need to apply for a variance you will get an application for a hearing with the Zoning Board of Adjustments (ZBA). There is a $125 non-refundable charge to apply. You will be required to provide copies of your latest tax receipts, a copy of the deed for the property in question, and a site plan showing distances between the structure, and street and property lines.

Staff will mail a notice of application with the time, date, and location of the public meeting to be held on the subject. This notice goes to all property owners within 200' of the site in question and to the local newspaper. We will also post the meeting agenda as required by Texas Local Government Code.

Staff members will visit the site and study other relevant information such as neighboring land uses, traffic characteristics, utility line capacities, special physical circumstances, and planning and zoning principles and laws, to determine a recommendation for the board. An information package with the executive summary of staff recommendation and other pertinent information (maps, a copy of the application, any correspondence relevant to the matter, etc.) is provided to board members several days prior to the meeting.

Attend the ZBA meeting. Sometimes Board members will have questions regarding the request, or will seek input from the applicant. You may want to consider bringing your neighbors or any

other support you may have. No one will be forced to speak, nor they will be denied the opportunity to speak during the public hearing portion of the meeting. There will be Spanish interpretation available upon request. The Chairman of the meeting will declare the public hearing closed once everyone who wishes to, has had the opportunity to speak. The Board members will then deliberate their course of action and take a vote. An application requires the consenting vote of at least five members of the Board in order to be passed.

Who is the ZBA and How Does it Work?

The ZBA meets once a month, on the first Wednesday of each month at 9:30 a.m. in City Hall Townhall. Meeting agendas are posted at least 72 hours in advance of the meeting in the bulletin cases located in front of City Hall at 118 E. Tyler Avenue.

If you have any questions throughout the process, feel free to call 427-8727. We understand this may be a new situation for you, and we are happy to help in any way we can.

The Zoning Board of Adjustments is a five member board appointed by the City Commission which hears and decides appeals for variances to the zoning ordinance, special exceptions to ordinance provisions, and administrative review.

There must be at least four members present to make a quorum and allow a public hearing to take place. It takes at least five affirmative votes to pass an item. Any appeals to the decision of the ZBA would go to District Court.