The appointment and service of commissioners on the Planning & Zoning Commission shall be subject to all applicable requirements of Article IX of the City Charter and Chapter 2 (Administration), Article III of the Code of Ordinances. The term of office shall be for three (3) years. In the event of a conflict between provisions of this Subsection 5.02.04, Article IX of the City Charter, Chapter 2 of the Code of Ordinances and/or other law, the provisions of Article IX of the City Charter, this Subsection 5.02.04, Chapter 2 of the Code of Ordinances and other law shall control in that order.

No commissioner shall serve on the Planning & Zoning Commission for more than three (3) consecutive terms or nine (9) consecutive years, whichever is less, unless extended by the affirmative vote of at least three-fourths (3/4ths) of the members of the City Council. The Mayor shall be entitled to vote when a vote of three-fourths (3/4ths) of the members of the City Council is required under this subsection.

Except for a commissioner whose tenure has been extended by the City Council as provided in subsection (B) above, a commissioner who has reached his or her term limit may be reappointed to serve on the Commission after being off the Commission for at least one (1) year, and upon reappointment, the commissioner is eligible to serve another three (3) consecutive terms or nine (9) consecutive years, whichever is less. Such commissioner is eligible, however, for appointment to a different board or commission without waiting.

A mid-term appointment necessary to fill a vacancy shall be subject to Section 2-66 of the Code of Ordinances. Each commissioner serves at the pleasure of the City Council and may be removed at the discretion of the City Council."

The Board of Adjustment (Board) is established by the City Charter.

All rules and regulations adopted by the Board shall be reviewed and approved by the City Council.

The Board shall function according to the laws of the State of Texas, the Charter of the City of Frisco, Texas, and the provisions of this Ordinance.

The Board shall consist of five (5) members, to be appointed by the City Council for a term of two (2) years; provided, however, that of the first five (5) appointments made under this Ordinance, three (3) shall be appointed to serve a two (2) year term and two (2) shall be appointed to serve a one (1) year term; and, thereafter, three (3) shall be appointed during even-numbered years and two (2) shall be appointed during odd-numbered years, for said two (2) year term.

No Board Member shall serve for more than three (3) consecutive terms or six (6) consecutive years (whichever is less).

When vacancies occur on the Board, the City Council shall appoint, by majority vote, a replacement to serve the remainder of that term.

Each case before the Board must be heard by at least four (4) members.

The Board shall have three (3) alternate Board Members appointed by the City Council to serve in the absence of one (1) or more regular Board Members when requested to do so by the Mayor or City Manager.

The Board shall have the power to develop and revise by-laws for its own governance, which shall be subject to review and approval by the City Council. The by-laws shall include provisions for:

Appeal of an administrative decision, see Subsection 6.19 Appeals and the Appeal Process.

The Board may permit the reconstruction, extension or enlargement of a structure occupied by nonconforming uses, on the lot or tract occupied by such building, provided such reconstruction does not prevent the return of such property to a conforming use.

The Board may, in specific cases, amortize a nonconforming use in accordance with those procedures set forth in Subsection 6.11 Amortization of Nonconforming Uses.

The Board of Adjustment is authorized in specific cases to grant a variance from the Zoning Ordinance terms, standards and criteria as outlined within Subsection 6.09 Variance Procedures.

The Board is authorized, in specific cases, to grant a special exception from the Zoning Ordinance terms, standards and criteria as outlined within Subsection 6.10 Special Exception for Building Official Error.

The Board is authorized in specific cases to reinstate nonconforming rights pursuant to Subsection 6.12 Reinstatement of Nonconforming Rights.

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

Decide in favor of an applicant on a matter on which the Board is required to pass under a zoning ordinance (See 5.04.06(B) and (C)).

Authorize a variation from the terms of a zoning ordinance.