There is hereby created a board of adjustment consisting of five members, each to be appointed by the city council for a term of two years and removable, for cause, by the appointing authority. Vacancies shall be filled by the appointment, by the original appointing authority, of a suitable person to serve out the unexpired term of any member whose place on the board has become vacant for any cause.

The board shall receive and consider requests for exemptions, changes or exceptions to the terms of this ordinance, and then make its written recommendation to the city council. The city council thereafter, in regular or special session, shall either approve or disapprove the recommendation. If the recommendation is disapproved, such action shall be noted by resolution on the minutes of the City of Devine. If, however, the recommendation is approved, then the other provisions of the zoning ordinance as to notice and method of changing an area classification by ordinance shall be followed.

The board may adopt rules to govern its proceedings; provided, however, that such rules are not inconsistent with 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 oath 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, indicate such fact, and shall keep records of its examinations and other official actions, all of which shall be filed immediately in the office of the board and shall be a public record.

The city secretary of the City of Devine, Texas, shall be an ex officio member of the board; shall be its secretary; and shall keep all records for the board. All meetings of the board shall be held at the city hall.

(Ord. No. 8-74, §§ 2, 3, 8-13-1974)

Appeals to the board of adjustment can be taken by any person aggrieved or by any officer or department of the municipality affected by any decision of the administration officer. Such appeal shall be taken within 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 was taken.

An appeal shall stay all proceedings of the action appealed from, unless the officer from whom the appeal is taken certified to the board of adjustment, after the notice of appeal shall have been filed with him that, by reason of the facts stated in the certificate, a stay would, 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 on 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, as well as due notice to the parties in interest and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by attorney or by agent.

The board of adjustment shall have the following powers:

(1)

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

(2)

To hear and decide special exceptions to the terms of the ordinance upon which the board is required to pass under this ordinance.

(3)

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

(4)

In exercising its powers the board may, in conformity with the provisions of Article 1011-A and including 1011-J of the 1925 Civil Statutes of Texas, revise or reform, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken.

(5)

The concurring vote of four members of the board shall be necessary to revise any order, requirement, 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 affect any variance in said ordinance.

(6)

Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, any taxpayer, any officer or department 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 days after the filing of the decision in the office of the board and not thereafter.