In accordance with the provisions of Texas Local Government Code, Section 211.008, as amended, there is hereby created a Board of Adjustment. Said Board shall consist of five (5) members, each to be appointed by the Mayor, subject to approval by a majority of the City Commission, for a term of two years and removable for cause on written charges after hearing, by the appointing authority. A vacancy may be filled through the same process as a regular appointment with the appointee to serve out the unexpired term of any member whose place on the Board has become vacant for any cause. The City Commission may also appoint four (4) alternate members of the board who shall serve in the absence of one or more of the regular members when requested to do by the chairman of the board, so that all cases to be heard by the Board will always be heard by a minimum number of four (4) members. The concurring vote of at least four (4) of the members is required to reverse administrative decisions, grant exceptions, authorize variances, and take any other action authorized by this ordinance.

The Board may adopt rules governing its proceedings provided, however, that such rules are not inconsistent with the provisions of this ordinance. Meetings 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 oaths 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, or, if absent or failing to vote, indicating such fact, 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 any officer, department, board, or department of the municipality affected by any decision of the administrative officer. Such appeal, after payment of the two hundred dollar ($200) application fee, 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. 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, should, 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 or notice to the officer from whom the appeal is taken and on due cause shown.

The Board of Adjustment shall fix a reasonable time for the hearing of an appeal, give the public notice thereof by posting such notice in the mail addressed to all owners of real property located within two hundred (200) feet of the property on which the appeal is made and by publishing notice of such hearing in a newspaper of general circulation in the City of Bonham. Both the posted and published notice shall be given at least ten (10) days prior to the date set for the hearing. At the hearing, any party may appear in person or be represented by attorney or by agent.

The Board is hereby vested with power and authority, in appropriate cases and subject to appropriate conditions and safeguards, (1) to hear and decide appeals when error is alleged in any order, requirement, decision, or determination made by an administrative official in enforcement of this ordinance; (2) to hear and decide special exceptions to the terms of this ordinance when the ordinance requires the board to do so, as long as such exceptions are consistent with the general purpose and intent of the ordinance; and (3) to authorize on appeal variances from the terms of the ordinance that will not be contrary to the public interest, when because of special conditions a literal enforcement of the ordinance will result in unnecessary hardship, so the spirit of the ordinance will be observed and substantial justice done.

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:

In exercising its powers the Board may, in conformity with the provisions of Chapter 211 of the Local Government Code of Texas, revise or reform, wholly or partly, or may modify the order, requirement, decision or determination [and may make such determination] as ought to be made and shall have the powers of the officer from whom the appeal is taken.

The concurring vote of four (4) members of the Board shall be necessary to revise any order, requirements, 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 effect any variance in said ordinance.

In conformity with the Texas Local Government Code, Section 211.011, 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 grounds 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.