A board of adjustment is hereby created. The word "board" when used in this ordinance shall be construed to mean the board of adjustment.

The board of adjustment shall consist of five members appointed by the city council, two for a term of one year and three for a term of two years, and thereafter for terms of two years. The city council of the City of Alice, Texas, may appoint four alternate members to the board of adjustment who shall serve in the absence of one or more of the regular members when requested to do so by the mayor or city manager as the case may be. Any vacancies shall be immediately filled for the unexpired term by appointment by the city council. The board shall elect its own chair who shall serve for a period of one year or until his successor is elected. Meetings of the board shall be held at the call of the chair or at such times as the board may determine. All meetings shall be open to the public, except as otherwise permitted by applicable state and federal statutes and regulations. The board shall adopt its own rules of procedure and keep a record of its proceedings showing the action of the board and the vote upon each question considered. The presence of four members shall be necessary to constitute the quorum.

Appeals to the board may be taken by any person aggrieved or by an officer, department, board or bureau of the municipality, affected by any decision of the city manager concerning the enforcement of the provisions of this ordinance. Such appeal shall be taken within such time as provided by the rules of the board by filing with the city manager and with the board a notice of appeal specifying the grounds thereof. The city manager shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

All proceedings for the board of adjustment shall be in compliance with V.T.C.A., Local Government Code § 211.008.

(Ord. No. 1348, § 1, 1-12-1987)

The board shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision and determination made by the city engineer, or other properly appointed administrative officer, in the enforcement of this ordinance.

(2)

To hear and decide special exceptions to the terms of this ordinance upon which said board is required to pass.

(3)

To authorize, in special cases, such variance from the terms of this ordinance as will not be contrary to the public interest where owing to special conditions a literal enforcement of the provisions of this ordinance will result in unnecessary hardship, and in such a manner that the spirit and purpose of this ordinance will be observed.

(4)

To grant a permit for a temporary building for commerce or industry in a residential district which is incidental to the residential development. Said permit to be issued by the board not to exceed two years [sic].

(5)

To grant a permit for the extension of a use or area regulation into an adjoining district for a distance of not more than 25 feet where the boundary line of the district divides a lot in single ownership at the time of the adoption of this ordinance.

(6)

To grant a permit for the reconstruction within 12 months of a building permitted in a district restricted against its use, which building has been destroyed by fire or other calamity to an extent of not more than 75 percent of its reasonable value.

(7)

To grant a permit for the alteration or enlargement of an existing building located in a district restricted against its use where such alteration or enlargement is necessarily incident to a use existing at the time of the adoption of this ordinance; provided, however, that such alteration shall not unduly prolong the life of the building and; provided, further, that in no case shall any such enlargement be more than 50 feet from the existing structure, and be on property in the same ownership as the existing structure at the time of the passage of this ordinance.

(8)

It shall have all other powers and duties as are provided for such board of adjustment in the state zoning enabling act under which this ordinance is authorized. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination by the city manager, or to effect any variation in this ordinance.

(9)

Application for appeal to the board of adjustment shall be accompanied by a fee of $93.75, if the appeal is to be heard at a regular monthly meeting of such board. If, however, the person, firm or corporation requesting the appeal also requests that the appeal be heard at a special meeting prior to the next regular meeting of the board, then such appeal shall be accompanied by a fee of $187.50. Fees are nonrefundable in whole or part.

(Ord. No. 1090, § 1(17-3-2), 10-24-1983; Ord. No. 1650, § 1, 9-25-2000)