There is hereby established a Hempstead Board of Adjustment. The Board of Adjustment shall act in a quasi-judicial capacity. The composition and activities of the Board shall be in accordance with Chapter 211, of the Texas Local Government Code, as amended. The Board shall be composed of five (5) regular members, and two (2) alternate members, all of whom shall be residents of Hempstead, nominated by the Mayor and confirmed by the City Council. Alternate members shall serve in the absence of the regular Board members. Each appointed member of the Board shall hold that office for a period of two (2) years or until his/her successor takes office. However, during the initial creation of the Board, three (3) regular members shall be appointed for two (2) years; and (2) regular members for one (1) year. The members of the Board shall be appointed solely with reference to their fitness and without reference to party affiliation, and shall serve without compensation. Members may be removed by the City Council only for inefficiency, neglect of duty, or malfeasance in office. Vacancies other than those occurring through the expiration of terms, shall be filled only for the unexpired term by the Mayor with confirmation by the City Council.

The Board of Adjustment shall elect a chairperson and an associate chairperson and may create and fill other offices as may be deemed necessary. The term of the chairperson and associate chairperson shall be for one (1) year with eligibility for re-election.

The Board of Adjustment shall hold meetings as necessitated by requests for rulings on Ordinance interpretation and variances. Said meeting shall be open to the public and shall be noticed as required by State law.

The Board shall adopt rules of operation and shall keep a record of its resolutions, transactions, findings and determinations, which shall become items of public record.

Any of the following persons may appeal to the Board of Adjustment a decision made by the Zoning Officer: (1) a person aggrieved by the decision; or (2) any officer, department, board or bureau of the City of Hempstead. An appeal stays all proceedings in furtherance of the action that is appealed unless the Zoning Officer certifies in writing to the Board facts supporting the officer's opinion that a stay would cause imminent peril to life or property. In such a case, the proceedings may be stayed only by a restraining order granted by the Board or a court of record.

Four (4) members of the Board of Adjustment shall be required for the transaction of business.

In exercising its authority the board may reverse or affirm, in whole or in part, or modify the Zoning Officer's decision pertaining to the Zoning Ordinance. A concurring vote of four (4) members of the board shall be necessary to: (1) reverse an order, requirement, decision, or determination of the Zoning Officer; (2) decide in favor of an applicant on a matter on which the board is required to pass under the Zoning Ordinance; or (3) authorize a variance.

As a part of the City's regular budgetary process the City Council shall provide funds for the necessary and appropriate expenses of the Board of Adjustment. A public accounting of the Board's expenditures for the fiscal year shall be provided in the Board's Annual Report. The Board may recommend to the City Council the employment of professionals such as engineers, architects, landscape architects, urban planners, and other individuals to assist in the performance of the Board of Adjustment's duties.

On or before the first day of September of each year, the Board of Adjustment shall produce and disseminate to the City Council and the citizens of Hempstead, a report on the activities of the Board during the past year. Said report shall include, but shall not be limited to the following: (1) the number, nature, location, and record of approvals/denials of requests for zoning ordinance test and map interpretations; and (2) the number, nature, location, and record of approvals/denials of requests for variances. The report from the Board of Adjustment may be included as a part of a larger and more comprehensive report for the City Council by the Planning and Zoning Commission.

It shall be unlawful for the Board of Adjustment to accept or act on a request for a variance allowing a land use activity in a zoning district where it is specifically excluded by the terms of the Zoning Ordinance.