A.

Establishment. The city council is established within article II of the city's charter.

B.

Key responsibilities. Table 5.01.1 is a summary of the city council's responsibilities within the zoning ordinance.

Table 5.01.1. City Council Responsibilities

(Ord. No. 2395, § 1, 3-2-21)

A.

Establishment. The city's code of ordinances establishes the standards governing the planning and zoning commission within chapter 2 of the city's code of ordinances.

B.

Key responsibilities. Table 5.02.1 is a summary of the planning and zoning commission's responsibilities within the zoning ordinance.

Table 5.02.1. Planning and Zoning Commission Responsibilities

(Ord. No. 2395, § 1, 3-2-21)

A.

Establishment, membership, vacancies.

1.

There is hereby created a zoning board of adjustment consisting of five members and two alternate members, each to be appointed by a majority of the city council for a term of two years and removable for cause by the appointing authority.

2.

Vacancies shall be filled by the appointment by the city council of a suitable person to serve out the unexpired term of any member whose place on the zoning board of adjustment has become vacant for any cause.

3.

The zoning board of adjustment is hereby vested with power and authority, in appropriate cases and subject to appropriate conditions and safeguards, to make such exceptions to the terms of this zoning ordinance in harmony with its general purpose and intent and in accordance with general or special rules therein contained for the purpose of rendering full justice and equity to the general public.

B.

Procedures, rules, and meetings.

1.

The zoning board of adjustment shall adopt rules to govern its proceedings provided that such rules are not inconsistent with this zoning ordinance or state statutes.

2.

Meetings of the zoning board of adjustment shall be held at the call of the chairperson and at such other times as the zoning board of adjustment may determine.

3.

The chairperson, or in their absence, the acting chairperson, may administer oath and compel the attendance of the witnesses.

4.

All meetings of the zoning 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, indicate 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 zoning board of adjustment and shall be a public record.

C.

Authority of the board. The zoning board of adjustment may:

1.

Hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of the zoning ordinance, and for that purpose the zoning board of adjustment has the same authority as the administrative official;

2.

Hear and decide special exceptions to the terms of this zoning ordinance when the ordinance requires the board to do so;

3.

Authorize in specific cases a variance from the terms of the zoning ordinance if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done.

D.

Actions. Per Texas Local Government Code Section 211.009, the concurring vote of four board members (or at least 75 percent of the board members) is necessary to:

1.

Reverse an order, requirement, decision, or determination of an administrative official

2.

Decide in favor of an applicant on a matter on which the zoning board of adjustment is required to pass per this zoning ordinance

3.

Authorize a special exception or variance.

E.

Court remedy.

1.

Any person or persons, jointly or severally, aggrieved by any decision of the zoning board of adjustment, or any taxpayer, or any officer, department, or board of the municipality may present to a district court or county court a petition duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality.

2.

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.

F.

Key responsibilities. Table 5.03.1 is a summary of the Zoning board of Adjustment's responsibilities within the zoning ordinance.

Table 5.03.1. Zoning Board of Adjustment Responsibilities

(Ord. No. 2395, § 1, 3-2-21)

A.

Key responsibilities. Table 5.04.1 is a summary of the city planner's responsibilities within the zoning ordinance.

Table 5.04.1. City Planner Responsibilities

(Ord. No. 2395, § 1, 3-2-21)