The City Administrator, Code Official, or designee, charged with the enforcement of this Ordinance, acting in good faith and without malice in the discharge of the duties described in this Ordinance, shall not be personally liable for any damage that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the City Administrator, Code Official or employee of the jurisdiction because such act or omission performed by the City Administrator, Code Official or employee in the enforcement of any provision of this Ordinance, or other pertinent laws or ordinances implemented through the enforcement of this Ordinance, or enforced by the enforcement agency shall be defended by the jurisdiction until final termination of such proceedings, and any judgment resulting from [such suit] shall be assumed by the jurisdiction. This provision shall not be deemed to waive any governmental immunity or other defenses which may be applicable to such City officials or employees.

This Ordinance shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or parcel of land for any damages to persons or property caused by defects, nor shall the enforcement agency or its jurisdiction be held as assuming any such liability by reason of the reviews or permits issued under this Ordinance.

There is hereby created a Board of Adjustment which shall consist of five (5) members who are residents of the City, each to be appointed by the City Council for a staggered term of two (2) years and removable for cause by the City Council. The City Council shall designate one (1) member as chairperson. 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. Provided, however, that the City Council may appoint up to four (4) alternate members of the Board who shall serve in the absence of one (1) or more of the regular members when requested to do so by the chairperson of the Board, the City Administrator or the mayor. All cases to be heard by the Board will always be heard by a minimum of four (4) members. Alternate members shall serve a term of two (2) years and any vacancy shall be filled in the same manner. Alternate members are 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 or state law. Meetings of the Board shall be held at the call of the chairperson and at such other times as the Board may determine, and in accordance with the Texas Open Meetings Law. The chairperson, or in his or her absence, the vice-chairperson or acting chairperson, may administer oath and compel the attendance of witnesses.

The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep record of its examinations and other official actions, all of which shall be immediately filed in the office of the City Administrator and shall be a public record.

Appeals to the Board can be taken by any person aggrieved by any zoning decision of the City Administrator or his or her designated Zoning Administrator or by any officer or department of the City. Such appeal shall be filed within fifteen (15) days after the decision has been rendered by the City Administrator or administrative officer by filing with the City Administrator and with the Board of Adjustment, a notice of appeal specifying the grounds thereof. The administrative officer or department from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the records upon which the action appealed from was taken.

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the City Administrator or designated administrative officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him or her, that by reasons of facts stated in the certification, a stay would, in his or her 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 or a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.

No appeal to the Board for the same or related special exception or variance on the same piece of property shall be allowed prior to the expiration of one hundred eighty (180) days from a previous ruling of the Board on any appeal to such body unless other property in the immediate vicinity has, within the said one-hundred-eighty-day period, been changed or acted on by the Board or City Council so as to alter the facts and conditions on which the previous Board action was based. Such change of circumstances shall permit the re-hearing of an appeal by the Board, prior to the expiration of one-hundred-eighty-day period, but such conditions shall in no way have any force in law to compel the Board, after a hearing, to grant a subsequent appeal. Such subsequent appeal shall be considered entirely on its merits and the peculiar and specific conditions related to the property on which the appeal is brought.

At a public hearing relative to any appeal, any interested party may appear in person or by his or her agent or attorney. The burden of proof shall be on the applicant to establish the necessary facts to warrant favorable action of the Board on any appeal or variance request. Any special exception or variance granted or authorized by the Board under the provisions of this Ordinance shall authorize the issuance of a building permit or Certificate of Occupancy, as the case may be, for a period of ninety (90) days from the date of the favorable action of the Board unless said Board shall have in its action approved a longer period of time and has so shown such specific longer period in the minutes of its action. If the building permit and/or Certificate of Occupancy shall not have been applied for within said ninety-day period or such extended period as the Board may have specifically granted, then the special exception or variance shall be deemed to have been waived and all rights there under terminated. Such termination and waiver shall be without prejudice to a subsequent appeal and such subsequent appeal shall be subject to the same regulation and requirement for hearing as herein specified for the original appeal.

In exercising its powers, the Board may, in conformity with the provisions of the statutes of the State of Texas, reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination as ought to be made and shall have all the powers of the City Administrator or other administrative official from whom the appeal is taken. The Board shall have the power to impose reasonable conditions to be complied with by the applicant.

The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the City Administrator or other administrative official, or to decide in favor of the application for a specific use permit on any authorized special exception use, or to effect any variance.

Hear and decide appeals where it is alleged there is error on any zoning order, requirement, decision or determination made by the City Administrator, the other Zoning Administrator, or other City official in the enforcement of this Ordinance;

Hear appeals on zoning boundary disputes;

Initiate on its motion or cause presented by interested property owner's action to abate, remove, limit or terminate, a nonconforming use;

Require the discontinuance of a nonconforming use or building under a reasonable plan whereby the owner's investment in the nonconforming use or building can be recouped through amortization over 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;

Permit the expansion or extension of a nonconforming use in accordance with the provisions of this Ordinance;

Within the limits prescribed in this Ordinance, the Board may review nonconforming uses which have been abandoned or discontinued to determine whether such uses should be allowed to resume operation. Such action by the Board shall consider any unnecessary hardship on the property owner if the use is discontinued and shall have due regard for the public welfare, the character of the area surrounding such use, and the conservation, preservation and protection of surrounding properties and their values.

Permit the repair or reconstruction and occupancy of a nonconforming building or a building containing a nonconforming use where the building has been destroyed in excess of fifty (50) percent but less than the total value, provided such reconstruction does not, in the judgment of the Board, prevent the return of such property to a conforming use or increase the nonconformity of a nonconforming building beyond what is permitted. Such action by the Board of Adjustment shall have due regard for the property rights of the person or persons affected, when considered in light of the public welfare, the character of the area surrounding such structure, and the conservation, preservation and protection of surrounding properties and their values.

[sic] Require the vacation and demolition of a nonconforming structure which is deemed to be obsolete, dilapidated or substandard;

Permit variances to the development regulations in this Ordinance such as the front yard, side yard, rear yard, lot width, lot depth, lot coverage, minimum setback, off-street parking, off-street loading, lot area, maximum height, or other building regulations, where the literal enforcement of the provisions of this Ordinance would result in an unnecessary hardship, or where such variance is necessary to permit the reasonable development of a specific parcel of land which differs from other parcels of land in the same district by being of such area, shape or slope that it cannot be developed in a manner commensurate with the development permitted upon other parcels of land in the same district; and

To hear and decide any special exceptions authorized by this Ordinance.

To grant a special exception to permit the erection and use of a building or the uses of premises for railroads of such uses are in general conformance with the Comprehensive Plan and present no conflict or nuisance to adjacent properties.

To grant a special exception to a public utility, or public service for a public utility or public service building or structure of a ground area and of a height at variance with those provided for in the district in which such public utility or public building is permitted to be located, when found reasonably necessary for the public health, convenience, safety or general welfare.

To grant a permit for the extension of a use, height or are regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership on the effective date of this Ordinance.

Allow construction of an accessory building in the Residential, or Commercial Districts with an exterior building material other than wood, stone, brick or vinyl siding.

Allow the continuance for a specified amount of time of a nonconforming building or use of a building or land for more than two (2) years after the date the building or use becomes nonconforming, upon a showing that the owner has not recouped the owner's investment in the nonconforming building or use over the three-year period.

that special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district;

that literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance;

that the special conditions and circumstances do not result from the actions of the applicant;

that granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district; and

that no nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

All departments, officials and employees who are charged with the duty or authority to issue permits or approvals shall issue no permit or approval for uses or purposes where the same would be in conflict with this Ordinance. Any permit or approval, if issued in conflict with this Ordinance, shall be considered null and void.