A board of adjustment is hereby established in accordance with the provisions of V.T.C.A., Local Government Code § 211.008. Such board shall have those powers and duties prescribed by § 211.009 of such Code or by this ordinance.

The board of adjustment shall be composed of five (5) members, each of whom shall be appointed by the city council for a term of two (2) years. Any member of the board may be removed by the city council for cause upon written charges and after public hearing. Any vacancy on the board shall be filled by the city council for the remainder of the unexpired term of the person originally appointed to such position. In addition to the five (5) regular members, the city council shall appoint four (4) alternate members to the board of adjustment. An alternate member shall serve in the absence of a regular member when requested to do so by the mayor. Alternate members shall be appointed for the same term as regular members; and vacancies among them shall be filled and they shall be subject to removal in the same manner as regular members.

Appeals to the board of adjustment may be taken by any person aggrieved, or by any officer or department of the city affected, by any decision of an administrative official in the enforcement of this ordinance. Such appeal shall be taken within fifteen (15) days after the day on which the decision was rendered by such administrative official by filing with the officer from whom the appeal is taken and the board of adjustment a notice of appeal specifying the grounds therefor. The officer from whom the appeal is taken shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken.

The board of adjustment shall have the following powers and responsibilities:

A.

Administrative review. To hear and decide appeals where it is alleged that there is error in any order, requirement, decision, or determination made by an administrative official of the city in the interpretation or enforcement of this ordinance.

B.

Variances. To authorize in special cases such variance from the terms of this ordinance as will not be contrary to public interest where, because of special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship, and so that the spirit of this ordinance shall be observed and substantial justice done. In granting any such variance, the board may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance. Under no circumstance shall the board grant a variance to allow a use not permissible in the district involved, or a use expressly or impliedly prohibited by the provisions of this ordinance. Such a variance shall not be granted unless and until (1) the applicant therefor files a written request with the board for a variance and sets forth therein the special conditions he feels would justify the granting thereof, and (2) a hearing by the board is held on such application for a variance.

C.

Special exceptions. To hear and to decide, in appropriate cases and subject to appropriate conditions and safeguards, special exceptions to the terms of this ordinance upon which such board is required or authorized to pass by the provisions of this ordinance. A special exception shall not be granted unless and until (1) the applicant therefor files a written request with the board for a special exception, indicating therein the section of this ordinance under which the special exception is sought and the grounds on which it is sought, and (2) a hearing by the board is held on such application for a special exception.

D.

Decisions of the board. In exercising the powers set forth in this section, the board may, in conformity with the provisions of this ordinance, reverse or affirm, in whole or in part, or modify the order, requirement, decision, or determination appealed from and make such other requirement, decision, or determination as in its judgment should have been made and, to that end, the board shall have all the powers of the administrative official from whom the appeal is taken.

The board of adjustment shall fix a reasonable time for the hearing of an appeal or a request for a variance or special exception, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time after the hearing. Any party may appear in person at the hearing or may appear by agent or attorney.

The concurring vote of four (4) members of the board of adjustment shall be required to reverse any order, requirement, decision, or determination of any administrative official of the city or to decide in favor of any applicant on any matter upon which the board is required to pass under the provisions of this ordinance, or to grant or effect any variance or special exception to the terms of this ordinance.