There is hereby created a Zoning 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 beginning on November 1st of the year of appointment. 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. The City Council may also 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. The members and alternate members of the Board shall be identified by place numbers one (1) through nine (9). Members in the even-numbered places shall be appointed to serve terms beginning November 1st of even-numbered years, and members in the odd- numbered places shall be appointed to serve terms beginning on November 1st of odd-numbered years. Each member shall serve until their successor has been appointed and qualified. 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. Members and alternate members are subject to removal for cause by the City Council.

The Board shall adopt rules to govern its proceedings, provided, 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 examination and other official actions, all of which shall be immediately filed in the office of the City Secretary and shall be a public record.

Appeals to the Board can be taken by any person aggrieved by any decision of the Zoning Administrator, or by any officer or department of the city. Such appeal shall be filed within sixty (60) days after the decision has been rendered by the Zoning Administrator, officer, or department by filing with the City Secretary and with the Zoning Board of Adjustment a notice of appeal specifying the grounds thereof. The Zoning Administrator, officer, or department whose decision is the subject of the appeal, shall forthwith transmit to the Board all of the papers constituting the records relating to the decision being appealed upon which the action appealed from was taken.

An appeal shall stay all proceedings in furtherance of the action appealed unless the Zoning Administrator or designated administrative officer whose decision is being appealed certifies to the Zoning Board of Adjustment, after the notice of appeal shall have been filed with him or her, that, by reasons stated in the certificate, 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 whose decision is under appeal.

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

[1] 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 variance granted or authorized by the Board under the provisions of this ordinance shall be in effect 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 occupancy permit shall not have been applied for within said ninety (90) day period, or such extended period as the Board may have specifically granted, then the variance shall be deemed to have been waived and all rights thereunder 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.

Hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Administrator or other city officer or department in the enforcement of this ordinance.

Permit variances to the development regulations in this ordinance such as front yard, rear yard, lot width, lot depth, lot cover, lot coverage, minimum setback, off-street parking, off-street loading, lot area, maximum height, or other development regulations 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 zoning 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 zoning district, or where, due to special conditions:

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 Zoning Administrator or other administrative official whose decision is under appeal. The Board shall have the power to impose reasonable conditions to be complied with by the applicant or time limitations on the appeal or variance.

The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator or other administrative officials, or to decide in favor of the application for any variance. The Board minutes shall reflect existing conditions justifying the variance as prescribed by this Section before a vote to approve or deny the variance is permitted.

The Board shall hold a public hearing on all appeals and variance requests made to it.

An application fee to be set by the City Council shall be submitted accompanying any appeal or variance.

Notice shall be given in advance of public hearing by:

The public hearing shall be held with the Board after determining application and public hearing requirements have been met. Any party may appear in person or by agent or attorney.

If the chief of police denies the issuance of a license to operate a sexually oriented business under Chapter 4, Article 4.1100 [Article 4.10] of the Azle Municipal Code because of the special distance requirements of Section 22 - I, Industrial District (Ordinance Number 640-6-94 and 641-6-94), then the applicant may, not later than ten (10) calendar days after receiving notice of the denial, file with the City Secretary a written request for an exemption from the distance requirements.

If the written request is filed with the City Secretary within the ten (10) day limit, the Board of Adjustment shall consider the request. The hearing shall be set for a date within sixty (60) days from the date the written request is received.

The Board of Adjustment may grant an exemption from the distance requirements of Section 22.1, Industrial District of this Zoning Ordinance and Chapter 4, Article 4.1100 [Article 4.10] of the Azle Municipal Code, if it makes the following findings:

In making the findings specified in Subsection C of this Section 34.7, the Board shall take into account among other things:

The concurring vote of four (4) members of the Board shall be necessary to grant an exemption under this ordinance. Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision of the Board is final.

If the Board grants the exemption, the exemption is valid for one (1) year from the date of the Boards action. Upon the expiration of an exemption, the sexually oriented business is in violation of the distance requirements of Chapter 4, Article 4.1100 [Article 4.10] of the Azle Municipal Code and Section 22.1, of this Zoning Ordinance until the applicant applies for and receives another exemption.

If the Board denies the exemption, the applicant may not reapply for an exemption until at least one (1) year has elapsed since the date of the Board’s action.

The granting of an exemption does not exempt the applicant from any provisions of this ordinance other than the distance requirements.