El Lago City Zoning Code
CHAPTER XIII
BOARD OF ADJUSTMENT
§ 13.01 Organization.
There is hereby created a board of adjustment consisting of five (5) members who are citizens of the City of El Lago and who are not members of the city council or the city planning and zoning commission, each to be appointed by the mayor and confirmed by the city council for a term of two (2) years and removable for case by the mayor upon written charges. The mayor shall also appoint and the city council shall confirm four (4) alternate members of board of adjustment who shall serve in the absence of one (1) or more of the regular members when requested to do so by the mayor. The members of the board of adjustment shall serve without pay. All cases to be heard by the board of adjustment will always be heard by a minimum number of four (4) members and any vacancy shall be filled in the same manner. Anyone filling a vacancy shall be subject to removal as are the regular members.
§ 13.02 Rules and meetings.
The board of adjustment shall adopt rules of procedures in accordance with the provisions of this ordinance. Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board of adjustment may determine. Such chairman, or in his absence the acting chairman, 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.
§ 13.03 Powers and duties.
The board of adjustment shall function in accordance with Texas Local Government Code secs. 211.008, 211.009, 211.010, and 211.011 and shall have all the powers, duties, and responsibilities therein imposed, except as its powers may herein be specifically limited.
For good cause shown, the board of adjustment shall have the specific power to grant special exceptions to the following portions of this ordinance and only the portions herein designated:
(1)
In Section 5.04, Chapter V, Zone A, special temporary exceptions to the uses described in paragraph (1) may be granted. Provided, however, that the special exception must be a home business that does not create a safety or health hazard, does not affect the aesthetics of the community, and does not constitute a nuisance to the surrounding area. Any special exception granted shall be limited to three (3) years and any renewal shall be obtained in the same manner as the original special exception.
(2)
In Section 5.04, Chapter V, Zone A, special exceptions to paragraphs (2), (3), and (13) may be granted. Provided, however, that paragraph (2) may be waived only for the limited purpose of permitting builders in undeveloped sections within this zone to put or place on lots movable sales offices under permit therefore which permits shall extend from year to year and which must be renewed each year, with the express approval of the board and if the board shall disapprove of the renewal permit, then such buildings shall be removed within thirty (30) days after the rejection of the application for renewal of the permit.