There shall be a board of adjustment consisting of five (5) members appointed by the mayor and confirmed by the town council. The members shall be appointed for a term of two (2) years and shall serve without compensation. Members may be removed for cause by the mayor with consent of the council upon written charges and after public hearing. The board of adjustment shall have the powers granted by and be controlled by the provisions of V.T.C.A., Local Government Code Ch. 211.

( Ord. No. 121415-507 , 12-14-2015)

When in its judgment the public convenience and welfare will not be substantially or permanently injured, the board of adjustment may in specific case after public notice and hearing and subject to appropriate conditions and safeguards, authorize special exceptions to the regulations established in this title as follows:

A.

Permit the location in any use district or a state or municipal building, publicly owned aviation field, municipally owned athletic field, commercial radio transmitting station, philanthropic institution, hospital or sanitarium;

B.

Permit the reconstruction of a building occupied by a nonconforming use, or permit the extension of a nonconforming use of the building upon the lot occupied by such use or building at the time of passage of the ordinance codified in this chapter;

C.

Grant temporary permits for not more than two (2) years for any structure or use. No such permit may be renewed or extended beyond the two-year period for substantially the same property;

D.

Permit in any district such modification of requirements of regulations as the board may deem necessary to secure any appropriate development to the lot, where adjacent to such lot on two (2) or more sides there are buildings that do not conform to regulations;

E.

Permit such modification of the yard, open space, lot area, or lot with the regulations as may be necessary to secure an appropriate improvement of the parcel of land where such parcel was separately owned at the time of the passage of said ordinance, and is of such restricted area that it cannot be appropriately improved without such modifications.

To authorize in special cases such variances from the terms of this title will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this title will result in unnecessary hardship, and so that the spirit of this title shall be observed and substantial justice done.

( Ord. No. 121415-507 , 12-14-2015)