(a)

Composition and appointment. There is created a board of adjustment, consisting of five members who are owners of real property situated in the city and who are not members of the city council, each to be appointed by the mayor and confirmed by the city council for a term of two years and removable for cause by the appointing authority upon written charges and after a public hearing.

(b)

Vacancies; alternates. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant for any cause, in the same manner as the original appointment was made. The mayor shall also appoint, and the city council shall confirm, two alternate members of the board of adjustment, who shall serve in the absence of one or more of the regular members when requested to do so by the mayor. All cases to be heard by the board of adjustment shall always be heard by a minimum of four members. These alternate members, when appointed, shall serve for the same period as the regular members, and any vacancy shall be filled in the same manner and shall be subject to removal as the regular members.

(Code 1999, § 17.40.010)

The board of adjustment shall adopt rules of procedure in accordance with the provisions of this article. Meetings of the board of adjustment shall be held at the call of the chairperson, and at such other times as the board of adjustment may determine. Such chairperson, or in his absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment shall be open to the public. The board of adjustment 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 of adjustment and shall be a public record.

(Code 1999, § 17.40.020)

The board of adjustment shall have the following powers:

(1)

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

(2)

To hear and decide special exceptions to the terms of this chapter upon which it is required to pass under section 82-425;

(3)

To authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of the chapter shall be observed and substantial justice done.

(Code 1999, § 17.40.030)

The appellant must file with the board and the official from whom the appeal is taken a notice of appeal specifying the grounds for the appeal. The appeal must be filed not later than the 20 ^th day after the date the decision is made. On receiving the notice, the official from whom the appeal is taken shall immediately transmit to the board all the papers, constituting the record of the action that is appealed.

(Code 1999, § 17.40.040; Ord. No. 2020-15, § 8, 8-4-2020)

An appeal stays all proceedings in furtherance of the action appealed from, unless the zoning administrator from whom the appeal is taken certifies to the board of adjustment (after notice of appeal shall have been filed with the zoning administrator) that by reason of facts stated in the certificate a stay would, in the zoning administrator's opinion, cause immediate 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 zoning administrator from which the appeal is taken and on due cause shown.

(Code 1999, § 17.40.050)

The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or by attorney.

(Code 1999, § 17.40.060)

In exercising the powers set forth in section 82-388, the board of adjustment may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the zoning administrator from whom the appeal is taken.

(Code 1999, § 17.40.070)

All applications for special exceptions to the terms of this chapter and for variations from the terms of this chapter shall be in writing and shall specify the facts involved, the relief desired, and the grounds therefor. Each such application shall be filed with the zoning administrator, who after investigation shall transmit such application together with his report to the board of adjustment within ten days after the filing of the application with the zoning administrator.

(Code 1999, § 17.40.080)

The board of adjustment shall fix a reasonable time for the hearing of all applications for special exceptions and variances, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or by attorney.

(Code 1999, § 17.40.090)

The concurring vote of four members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of the zoning administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in the chapter.

(Code 1999, § 17.40.100)

The notice of public hearings provided for in this section shall be given by publication once in the official newspaper of the city, stating the time and place of such hearing, which time shall not be earlier than ten days from the date of such publication. In addition thereto, the board of adjustment shall mail notices of such hearing to the petitioner and to all owners of property lying within 200 feet of any point of the lot or portion thereof on which a special exception or variance is desired, and to all other persons deemed by the board of adjustment to be affected thereby, such owners and persons to be determined according to the last approved tax roll of the city. Such notice may be served by depositing the same, properly addressed and postage paid, in the United States post office.

(Code 1999, § 17.40.110)

Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board or bureau of the city may present to a court of record a petition for a writ of certiorari as provided by V.T.C.A., Local Government Code § 211.011 duly verified, setting forth that such decision is illegal in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the board of adjustment.

(Code 1999, § 17.40.120)