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 zoning 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 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 his or her designated administrative officer, 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 zoning administrator or administrative officer by filing with the city secretary 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 zoning 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 a 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 (180) 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 rehearing of an appeal by the board, prior to the expiration of [said] one hundred eighty (180) 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 conditions [sic] 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 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 (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.

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 [of the zoning administrator or other administrative official and make such order, requirement, decision or determination] as ought to be made and shall have all the powers of the zoning 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 zoning administrator or other administrative official, or to decide in favor of the application for a specific use permit on any appearance or any variance.

To hear and decide appeals where it is alleged there is error on any order, requirement, decision or determination made by the zoning administrator or other administrative official in the enforcement of this ordinance;

Interpret the intent of the zoning district map where uncertainty exists because the physical features on the ground vary from those on the zoning district map and none of the rules set forth in Section 4. C apply;

Initiate on its motion or cause presented by interested property owner’s action to bring about the discontinuance of a nonconforming use;

Require the discontinuance of a nonconforming use under any plan whereby 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;

Permit the change of occupancy of a nonconforming use to another nonconforming use in accordance with the provisions of Section 21;

Permit the enlargement of a nonconforming use in accordance with the provisions of Section 21;

Permit the reconstruction of a nonconforming structure or building on the lot or tract occupied by such building, 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 structure beyond what is permitted by Section 21;

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

Permit such variance such as the front yard, side yard, rear yard, lot width, lot depth, coverage, minimum setback standards, off-street parking, off-street loading regulations, lot area, maximum height, or building, where the literal enforcement of the provisions of this ordinance would result in an unnecessary hardship, or where such variance is necessary to permit 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.