A board of adjustment is hereby established which shall consist of five members to be appointed by the city commission, each for a term of two years. Members of the board of adjustment may be removed from office by the city commission for cause upon written charges and after public hearing, vacancies shall be filled by resolution of the city commission for the unexpired term of the member affected.

(Code 1996, § 12.2001)

The board of adjustment shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this article. Meetings shall be held at the call of the chairperson, or, in his absence, the acting chairperson may administer oaths and compel the attendance of witnesses. All meetings 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 facts, and shall keep records of its examinations and other official actions, all of which shall be a public records and be immediately filed in the office of the building official.

(Code 1996, § 12.2002)

Any person aggrieved, or any official or department of the governing body of the city affected by any decision or judgment of the building official concerning interpretation or administration of this article, may appeal such decision or judgment to the board of adjustment. Such appeals shall be taken within 20 days by filing with the building official and with the board of adjustment a notice of appeal accompanied by a fee as established by the city commission, specifying the grounds thereof. The building official shall forthwith transmit to the board of adjustments, all papers constituting the record upon which the action appealed from was taken.

The board of adjustment shall fix a reasonable time for the hearing of appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.

(Code 1996, § 12.2003)

Any appeal stays all proceedings in furtherance of the action appealed from, unless the building official from whom the appeal is taken certifies to the board of adjustment after the notice of appeal is filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the board of adjustment or by a court of record on application, on notice of the building official from whom the appeal is taken and on due cause shown.

(Code 1996, § 12.2004)

The board of adjustment shall have the following powers and duties:

(1)

Administrative review. To hear and decide appeals where it is alleged there is an error in any order, requirements, decision or determination made by the building official in the enforcement of this article.

(2)

Exceptions: conditions governing applications; procedures.

(A)

To hear and decide only such exceptions or temporary use permits as the board of adjustment is specifically authorized to pass on by the terms of this article; to decide such questions as are involved in determining whether exceptions should be granted; and to grant exceptions with such conditions and safeguards as are appropriate under this article, or to deny exceptions when not in harmony with the purpose and intent of this article. An exception or temporary use permit shall not be granted by the board of adjustment unless and until:

(i)

A written application for an exception, together with fee, is submitted, accompanied by an accurate legal description, maps site plans drawings, and any necessary date, indicating the section of this article under which the exception is sought and stating the grounds on which it is requested.

(ii)

Notice shall be given as such time and place of such public hearing by one publication in the official newspaper at least 15 days prior to such hearing and also to the owner of such property for which the change is requested. Provided, however, that the board of adjustment may continue any matter before it and require such other notice as it deems necessary and proper.

(iii)

The public hearing shall be held. Any party may appear in person or by agent or attorney.

(iv)

The board of adjustment shall make a finding that it is empowered under the section of this article described in the application to grant the exception and that the granting of the exception will not adversely affect the public interest.

(B)

In granting any exception, the board of adjustment [may] prescribe appropriate conditions and safeguards in conformity with this article. Violation of such conditions and safeguards, when made a part of the terms under which the exception is granted, shall be deemed a violation of this article and punishable under Section 12.1800 of this article. The board of adjustment shall prescribe a time limit within which the action for which the exception is required shall be begun or completed or both. Failure to begin or complete, or both, such action within the time limit set shall void the exception.

(3)

Variance: conditions governing applications; procedures.

(A)

To authorize, upon appeal in specific cases, such variances 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 would result in unnecessary hardship. Variance from the terms of this article shall not be granted by the board of adjustment unless and until:

(i)

A written application for variance, together with fee, is submitted, accompanied by an accurate legal description, maps, site plans, drawings and any necessary data, demonstrating:

a.

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;

b.

That literal interpretation of the provisions of this article would deprive the applicant of the right commonly enjoyed by other properties in the same district under the terms of this article;

c.

That the special conditions and circumstances do not result from the actions of the applicant;

d.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this article to other lands, structures or buildings in the same district;

e.

No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts, shall be considered grounds for the issuance of a variance;

f.

May grant approval, up to a period of two years, for hardship cases to place an inhabited mobile home on the back of any lot subject to the prior approval of the property owners within 200 feet. The permit must be reviewed for renewal and is also subject to review at any time. Fees for such permit will be $50.00 per year.

(ii)

Notice of public hearing shall be given as in subsection 12.2005(2)(A)(ii) above.

(iii)

The public hearing shall be held. Any party may appear in person or by agent or by attorney.

(iv)

The board of adjustment shall make findings that the requirements of subsection 12.2005(3)(A)(i) above have been met.

(v)

The board of adjustments shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.

(vi)

The board of adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this article, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

a.

In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this article. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this article and punishable under Section 12.1800 of this article.

b.

Under no circumstances shall the board of adjustment grant a variance to allow a use not permissible under the terms of this article in the district involved, or any use expressly or by implication prohibited by the terms of this article in said district.

(Code 1996, § 12.2005)

(a)

In exercising the above mentioned powers, the board of adjustment may, so long as such action is in conformity with the terms of this article, reverse or affirm, wholly or partly, or may modify the order requirements, decisions or determination appealed from and may make such order, requirements, decisions, or determination as ought to be made, and to that end shall have powers of the administrative official from whom the appeal is taken.

(b)

The concurring vote of four of the members of the board shall be necessary to reverse any order, requirement, decision or determination of the building official, or to decide in favor of the applicant on any matter upon which it is required to pass under this article, or to affect any variation in the application of this article.

(Code 1996, § 12.2006)

Any person, or any board, taxpayer, department, board or bureau of the city aggrieved by any decision of the board of adjustment may seek review by a court of record of such decision, in the manner provided by the laws of the State of Texas.

(Code 1996, § 12.2007)

It is the intent of this article that all questions of interpretation and enforcement shall be first presented to the board of adjustment only on appeal from the decision of the building official, and that recourse from the decisions of the board of adjustment shall be to the courts as provided by the laws of the state.

(Code 1996, § 12.2008)

It is further the intent of this article that the duties of the city commission in connection with this article shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this article. Under this article, the city commission shall have only the duties of:

(1)

Considering and adopting or rejecting proposed amendments or the repeal of this article, as provided by law; and

(2)

Establishing a schedule of fees and charges as stated in section 12.2010 below.

(Code 1996, § 12.2009)

The city commission shall establish a schedule of fees, charges and expenses, and a collection procedure for building permits, amendment applications, appeals and other matters pertaining to this article, The schedule of fees shall be posted in the office of the building official, and may be altered or amended only by the city commission.

(Code 1996, § 12.2010)

No permit, amendment, special exception or variance shall be issued unless or until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken or public hearing be held unless or until preliminary charges and fees have been paid in full.

(Code 1996, § 12.2011; Ord. No. 2007-03, 4-3-2007)