§ 23-93. Appeals.

When the director of planning or his/her designee does not approve a landscape plan, irrigation plan, tree removal request, or the installation or removal of these improvements, the owner or duly authorized representative may appeal that decision to the City of Eagle Pass Board of Adjustment (BA). The BA may only grant exceptions to this chapter for the following circumstances:

(1)

For in-fill development when surrounding landscaping or prevailing practices in the vicinity, if superior to the minimum standards required by this chapter, dictate different standards than those contained in this chapter.

(2)

When the requirements of this chapter create a safety hazard as determined by the BA.

The BA may only grant exceptions when the applicant has provided evidence sufficient to show that the proposal meets or exceeds the purpose of this chapter. Granting of a request for alternative compliance as provided in this chapter shall not have the effect of nullifying the intent and purpose of this chapter. Special conditions may be imposed by the BA where necessary to assure conformity with the purpose and intent of this chapter.

(Ord. No. 05-22, § 1, 8-2-2005)