There is hereby created a Board of Adjustment consisting of five (5) members, each to be appointed by resolution of the City Council for a term of two (2) years and removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment was made. Two (2) members shall serve two (2) years, as heretofore appointed, and three (3) members, as heretofore appointed, shall serve three (3) years and thereafter each member reappointed or each new appointee shall serve for a full term of two (2) years unless removed as hereinabove provided. Provided, however, that the Council may appoint two (2) alternate members of the Board of Adjustment who shall serve in the absence of one (1) or more of the regular members when requested to do so by the Mayor or City Manager, as the case may be, so that all cases to be heard by the Board of Adjustment will always be heard by five (5) members. These alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two (2) years, and any vacancy shall be filled in the same manner and they shall be subject to removal the same as the regular members.

The Board shall adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with this ordinance. Meeting of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman, or in his absence, the Acting Chairman, may administer oath and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.

Appeals to the Board of Adjustment can be taken by any person aggrieved or by an officer, department or board of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within fifteen (15) days time after the decision has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the Board of Adjustment, a notice of appeal specifying the grounds thereof and a two hundred dollar ($200.00) fee. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

An appeal shall stay all proceedings of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate, a stay would in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, otherwise, than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.

The Board of Adjustment shall hold a public hearing on all appeals made to it and written notice of all such public hearings shall be sent to the applicant and all other persons who are owners of real property lying within two hundred (200) feet of the property on which the appeal is made, such notice shall be given not less than the tenth (10th) day before the date set for hearing to all such owners who have rendered their said property for City taxes as the ownership appears on the last City tax roll. Such notice may be served by depositing the same properly addressed and postage paid in the City Post Office. Notice shall also be given by publishing the same in the official publication of the City before the fifteenth (15th) day prior to the date set for hearing which notice shall state the time and place of such hearing.

At a public hearing relative to any appeal for a variance, any interested party may appear in person or by agent or by attorney. The burden of proof shall be on the applicant to establish the necessary facts to justify the action of the Board of Adjustment on any appeal. Any special exception or variance granted or authorized by the Board of Adjustment under the provisions of this ordinance shall authorize the issuance of a building permit, or a certificate of occupancy, as the case may be, for a period of one hundred eighty (180) days from the date of the favorable action of the Board unless said Board shall in its action approve a longer period of time and so show such specific long period in the minutes of its action. If the building permit and/or certificate of occupancy shall not have been issued within said one hundred eighty (180) day period or such extended period as the Board may specifically grant, then the special exception or variance shall be deemed to have been waived and all rights thereunder terminated. Such terminating and waiver shall be without prejudice to a subsequent appeal to said Board in accordance with regulations herein contained.

When in its judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, the Board of Adjustment may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards authorize the following special exceptions to the regulations herein established:

(1)

The reconstruction, extension, alteration, or enlargement of a building occupied by non-conforming use on the lot or tract occupied by such building provided such reconstruction does not prevent the eventual return of such property to a conforming use.

(2)

Permit such modifications of the height, yard, area, coverage, floor area ratio and parking regulations as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area, shape, or slope that it cannot be appropriately developed without such modifications.

(3)

Decide any question involving the interpretation of any provisions of this ordinance wherein uncertainty has arisen concerning the intent of specific requirements of the ordinance having due regard for the purpose of the zoning ordinance as set out in section 2-100 herein.

(4)

Require the discontinuance of non-conforming uses under any plan whereby the full value of the structure can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this ordinance, and having due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated non-conforming use and the conservation and preservation of property. The Board shall from time to time on its own motion or upon cause presented by interested property owners inquire into the existence, continuation or maintenance of any non-conforming use within the City.

(5)

Grant a special exception for signs as it relates to location and height. The special exception does not include modifying the allowable square footage of a sign. When determining whether to grant or deny a special exception, the Board may consider the location and height of the surrounding signs. The Board may impose conditions, such as increased setbacks, to protect abutting residential areas, scenic views and/or major thoroughfares. The action of the Board should take into account potential adverse impacts to surrounding properties.

(Ord. No. 2016-4150, 06/06/2016)

In exercising its powers the Board may, in conformity with the provisions of the Statutes of the State of Texas as existing or hereafter amended, revise or affirm, wholly or partly, or may modify the order, requirement, decisions, or determination appealed from and make such order, requirement, decision or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken including the power to impose reasonable conditions to be complied with by the applicant.

(a)

The concurring vote of four (4) members of the Board shall be necessary to revise any order, requirement, decision or determination of any such administrative official, or to decide in favor of the application on any matter upon which it is required to pass under this ordinance or to affect any variance in said ordinance.

(b)

Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment or any taxpayer or any officer, department or Board of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the ground of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the Office of the Board and not thereafter.

The Director of Development Services has the authority to vary the requirements established by this Zoning Ordinance. The administrative adjustment authorized cannot exceed ten percent (10%).

(Ord. No. 2016-4150, 06/06/2016)