The word "board" when used in this article shall be construed to mean the board of adjustment.

(Ord. No. 91500)

1.

Establishment. A board of adjustment is hereby re-established in accordance with the provisions of Article 211.008, Local Government Code, regarding the zoning of cities and with the powers and duties as provided in said Code.

2.

Membership. The board shall consist of five members which shall be citizens to be appointed or re-appointed by the mayor and confirmed by the city council, for staggered terms of two years respectively. Members of the board shall be removable for just cause by city council upon written charges and after public hearings. Vacancies shall be filled by the city council for the unexpired term of any member whose term becomes vacant. The board shall elect its own chairperson, who shall serve for a period of two years or until a successor is elected. The city council may appoint four alternate members of the board who shall serve in the absence of one or more regular members when requested to do so by the mayor or city manager. The alternative members, when appointed, shall serve for the same period as regular members and any vacancies shall be filled in the same manner and shall be subject to removal as regular members.

3.

Rules and regulations. The board shall adopt rules and regulations and keep minutes of its proceedings, showing the vote of each member. The board shall adopt from time to time such additional rules and regulations as it may deem necessary to carry into effect the provisions of the article, and shall furnish a copy of the same to the building inspector, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and orders shall be in accordance therewith. All proceedings of the board shall be a public record, and all meetings shall be open to the public.

4.

Meeting. Meeting 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 acting chairman may administer oaths and compel the attendance of witnesses. All meetings, hearing or proceedings shall be heard by at least four members of the board.

(Ord. No. 91500; Ord. No. 91500-A-79)

1.

Procedure. Appeals may be taken to and before the board of adjustment by any person aggrieved, or by any officer, department, board, or bureau of the city. Such appeal shall be made by filing with the office of the board a notice of appeal and specifying the grounds thereof. The office or department from which the appeal is taken shall forthwith transmit to the board of adjustment all of the minutes constituting the record upon which the action appealed from was taken.

2.

Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the building inspector shall certify to the board of adjustment that by reason of facts in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which 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 equity, after notice to the office from whom the appeal is taken and on due cause shown.

3.

Notice of hearing on appeal. The board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of such hearing to the petitioner and to the owners of property lying within 200 feet of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the board to be affected thereby, such owners and persons being determined according to the current tax rolls of the city depositing of such written notice in the mail shall be deemed sufficient compliance therewith.

4.

Decision by board.: The board shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The board may reverse or affirm wholly or partly or may modify the order, requirements, decision, or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer or department from whom the appeal is taken.

(Ord. No. 91500)

1.

Subpoena witnesses, etc. The board shall have the power to subpoena witnesses, administer oaths, and punish for contempt, and may require the production of documents, under such regulations as it may establish.

2.

Appeals based on error. The board shall have the power to hear and decide appeals where it is alleged there is an error of law in any order, requirements, decision or determination made by the building inspector in the enforcement of this ordinance.

3.

Special exceptions. The board shall have the power to hear and decide special exceptions to the terms of this ordinance upon which it is required to pass as follows:

(A)

Permit the erection and use of a building or the use of premises for railroads if such uses are in general conformance with the master plan and present no conflict or nuisance to adjacent properties.

(B)

To permit a public utility or public service or structure in any district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety, or general welfare.

(C)

To grant a permit for the extension of a use, height or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership on the effective date of this Ordinance.

(D)

Waive or reduce the parking and loading requirements in any of the districts, whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.

(E)

To determine whether an industry should be permitted within the "LI", light industrial district, because of the methods by which it would be operated and because of its effect upon uses within surrounding zoning districts.

4.

Variances. An application or request for a variance shall not be heard by the board of adjustment or granted with regard to any parcel of property or portion thereof upon which a concept plan, detail site plan, preliminary plat or final plat, when required by this article for any parcel of property or portion thereof, has not been finally acted upon by both the planning and zoning commission and city council consideration and action, on concept plans, detail site plans, preliminary plats, and final plats, must be exhausted prior to requesting a variance from the terms of this article.

The board shall have the power to authorize upon appeal in specific cases such variance from the terms of this article as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this article will result in unnecessary hardship, and so that the spirit of this article shall be observed and substantial justice done, including the following:

(A)

Permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare.

(B)

Authorize upon appeal, whenever a property owner can show that a strict application of the terms of this article relating to the construction or alterations of building or structures will impose upon him unusual and practical difficulties or particular hardship, such variances from the strict application of terms of this article as are in harmony with its general purpose and intent, but only when the board is satisfied that a granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance from the standards or regulations established by this article, and at the same time, the surrounding property will be properly protected.

(C)

Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than 50 percent of its fair market value, where the board finds some compelling necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly.

5.

Changes. The board shall have no authority to change any provisions of this article and its jurisdiction is limited to time. The board may not change the district designation of any land either to a more restrictive or less restrictive zone.

6.

Termination of nonconforming uses. The board shall have the power to bring about the discontinuance or termination of a nonconforming use under a plan whereby the owner's actual investment in the structure(s) prior to time that the use became nonconforming can be amortized within a definite time period as set forth in section 12-40-8.

(Ord. No. 91500-A-30; Ord. No. 91500-A-31; Ord. No. 91500-A-419, § 1, 10-11-05)