1. The Board of Adjustments shall consist of seven members, each to be nominated by Board with the approval of a majority of the City Council for a term of two years.
2. Vacancies shall be filled for the unexpired term of any member whose place becomes vacant for any cause. The terms of three members shall expire in each even-numbered year, and the terms of four members shall expire in each off-numbered year, or until their successors are appointed.
3. Four members of the Board of Adjustments constitute a quorum.
4. Every member shall complete Open Meetings Act training within 90 days of taking office as prescribed by Tex. Gov’t Code § 551.005.

(Ord. 1104, passed 10-13-77; Am. Ord. 03-17, passed 10-16-03; Am. Ord. O-13-08, passed 8-15-13)

The Board shall adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with this chapter or the statutes of the State of Texas. 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, 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 City Secretary and shall be a public record.

(Ord. 1104, passed 10-13-77)

The Board shall have the powers and exercise the duties of a Board in accordance with Tex. Rev. Civ. Stat., Art. 1011g. Board members are representatives of the city and shall have the right to inspect premises where required in the discharge of their responsibilities under the laws of the State of Texas and the ordinances of this city. The Board’s jurisdiction shall extend to and include the hearing and deciding of the order of appeals from the Council and shall have the necessary authority to ensure continuing compliance with its decisions.

(Ord. 1104, passed 10-13-77)

1. Interpretation. To hear and decide all appeals and to render an interpretation of the zoning regulations or the manner of their application where it is alleged that there is error in any order, requirement, or determination made by the Building Inspector in the administration of such provisions.
2. Special exceptions. To hear and decide upon those applications for a special exception to use or develop property when the same is authorized under these regulations subject to the Board’s approval.
3. Variance. To authorize upon appeal in specific cases such variance from these zoning regulations set forth in this chapter as not to be contrary to the public interest. Any variance granted by the Board shall terminate automatically:
   1. When the specific period of use has expired.
   2. When the use ceases to be in full compliance with any condition imposed by the Board.
   3. When the use has been abandoned.

(Ord. 1104, passed 10-13-77)

When in its judgement, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, the Board of Adjustment may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards, authorize the following special exceptions to the regulations herein established:

1. Permit the reconstruction, extension, or enlargement of a building occupied by a non-conforming use on the lot or tract occupied by such building provided such reconstruction does not prevent the return of such property to a conforming use.
2. Permit such modifications of the height, yard, area, coverage, and parking regulations as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area, shape, or slope that it cannot be appropriately developed without such modifications.
3. Require the discontinuance of nonconforming uses of land or structure under any plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this chapter. All actions to discontinue a nonconforming use of land and structure shall be taken with due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated non-conforming use and the conservation and preservation of property. The Board shall, from time to time, on its own motion or upon cause presented by interested property owners, inquire into the existence, continuation, or maintenance of any nonconforming use within the city.
4. Any special exceptions authorized by the Board of Adjustment, either under the provisions of this subchapter, or under the authority granted to the Board of Adjustment under the statutes of the State of Texas, shall authorize the issuance of a building permit or a certificate of occupancy, as the case may be, for a period of 90 days from the date of the favorable action on the part of the Board of Adjustment, unless said Board in its minutes shall, at the same time, grant a longer period. If the building permit or certificate of occupancy shall not have been issued within the said 90-day period, or such extended period as the Board may specifically grant, then the special exceptions shall be deemed waived, and all rights thereunder terminated. Such termination and waiver shall be without prejudice to a subsequent appeal to said Board of Adjustment in accordance with the rules and regulations regarding appeals.

(Ord. 1104, passed 10-13-77)

1. The Board of Adjustment shall fix a reasonable time for the hearing of an appeal, give the public notice thereof by posting such notice in the mail addressed to all owners of real property located within 200 feet of the property on which the appeal is made and by publishing notice of such hearing in a newspaper in general circulation in the City of Gladewater. Both the posted and published notice shall be given at least ten days prior to the date set for the hearing. Upon the hearing, any party may appear in person or by attorney or agent.
2. Appeals to the Board of Adjustment can be taken by any person aggrieved or by an officer, department, or board of the municipality affected by the decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, 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 papers constituting the record upon which the action appealed from was taken.
3. An appeal shall stay all proceedings of the action appealed from unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him that by reason of 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 due cause shown.
4. The Board of Adjustment shall authorize upon appeal in specific cases such variance from the terms of the chapter as will not be contrary to the public interest, where, owning to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of the chapter shall be observed and substantial justice done. Any person, or persons, jointly or severally aggrieved by any decision of the city may present any such matter to a court of record for review, after the final action of the Board thereon, and in the manner and upon the terms provided by the general law.
5. Every decision of the Board on any appeal shall be based upon findings of fact and every finding of fact shall be supported in the record of proceedings.
6. Nothing herein contained shall be construed to empower the Board to change the terms of these regulations, or to effect changes in the adjoining districts. The powers of the Board shall be so applied that the terms of these regulations will be strictly enforced.
7. In exercising its powers, the Board, in conformity with the provisions of Tex. Rev. Civ. Stat., Arts. 1011a through 1011j may modify in whole or in part any order, requirement, decision, or determination as ought to be made.
8. The concurring vote of four members of the Board shall be necessary to revise any order, requirement, decision, or determination of any such Building Inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to affect any variance in said chapter.
9. Any person or persons, jointly or severally aggrieved by any decision of the Board of Adjustment or any taxpayer or any officer, department, or board of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or 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 City Secretary and not thereafter.

(Ord. 1104, passed 10-13-77; Am. Ord. 86-11, passed 11-13-86)