Building Code Board of Adjustments & Appeals

Meetings

  • 7 p.m.
  • As needed
  • City Hall
    105 Ballard Drive
    Lindale, TX 75771
Agendas & Minutes
Agendas are available prior to meetings. Minutes are available following approval.
View Agendas and Minutes
Purpose To hear appeals of decisions and interpretations of the Building Official and consider variances of the technical codes

Duties
The duties of the Building Code Board of Adjustments and Appeals shall be:
  • To hear appeals of decisions and interpretations of the Building Official and consider variances of the technical codes whenever any one of the following conditions are claimed to exist:
    • The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system.
    • The provisions of the International Building Code and/or the Code of Ordinances of the City of Lindale do not apply to this specific case.
    • An equally good or more desirable form of installation can be employed in any specific case.
    • The true intent and meaning of the International Building Code and/or the Code of Ordinances of the City of Lindale or any of the regulations there under have been misconstrued or incorrectly interpreted.
  • To hear appeals of decisions and interpretations of the building official and consider variances of the technical codes whenever any one of the following conditions are claimed to exist:
    • The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system
    • The provisions of the International Building Code and/or the Code of Ordinances of the City of Lindale do not apply to this specific case
    • An equally good or more desirable form of installation can be employed in any specific case
    • The true intent and meaning of the International Building Code and/or the Code of Ordinances of the City of Lindale or any of the regulations there under have been misconstrued or incorrectly interpreted.
  • To vary the application of any provision of the International Building Code and/or the Code of Ordinances of the City of Lindale to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following:
    • That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others
    • That the special conditions and circumstances do not result from the action or inaction of the applicant
    • That granting the variance requested will not confer on the applicant any special privilege that is denied by the International Building Code and/or the Code of Ordinances of the City of Lindale to other buildings, structures or service systems
    • That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system
    • That the grant of the variance will be in harmony with the general intent and purpose of the International Building Code and/or the Code of Ordinances of the City of Lindale and will not be detrimental to the public health, safety and general welfare
  • In granting a variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with the International Building Code and/or the Code of Ordinances of the City of Lindale. Violation of the conditions of a variance shall be deemed a violation of the International Building Code and the Code of Ordinances of the City of Lindale.
Time Commitments
The meets as needed, in the evening, usually requiring 1 to 2 hours. Additional meetings may be required to accommodate particular circumstances.

Members
The City Council appoints 5 members. Such board members should be residents of the City of Lindale and should be individuals with knowledge and experience in the technical codes, such as design professionals, contractors, or building industry representatives. In addition to the regular members, there should be 2 alternate members. A board member shall not act in a case in which he has a personal or financial interest.

Term
Members serve 3-year terms. The terms of office of the board members shall be staggered so no more than 1/3 of the board is appointed or replaced in any 12-month period. The 2 alternates, if appointed, shall serve 1-year terms. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Continued absence of any member from required meetings of the board shall, at the discretion of the City Council, render any such member subject to immediate removal from office.