The Building Official appointed under the provisions of the Building Code of the city, is hereby charged with the enforcement of this article. The City Manager may charge such other city officers or officials with the enforcement of this article, in whole or in part, as may be necessary without amending this article.

(1962 Code, § 11-6-1)

No land shall be used or occupied and no building hereafter structurally altered or erected shall be used or changed in use, until a certificate of occupancy shall have been issued by the Building Inspector, stating that the building or the proposed use of the land, complies with the provisions of this renewing, changing or extending of nonconforming use. A certificate of occupancy either for the whole or a part of a building or structure shall be applied for coincidentally with the application for a building permit, and shall be issued within the 10 days after the erection or structural alteration of such building or structure, or part thereof, shall have been completed in conformity with the provisions of this article.

(1962 Code, § 11-6-5)

Cross reference— Penalty, see § 15-6-999.

(A)

Organization. The Board of Adjustment shall consist of five members each to be appointed by the City Commission for a term of two years. The Board of Adjustment shall also consist of three alternate members, each to be appointed by the City Commission for a term of two years, who will serve in the absence of one or more regular members when requested to do so by the mayor or city manager. Any member may be removed by the City Commission upon written charges after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. A maximum of five members may attend and vote at a Board of Adjustment meeting.

(B)

Chairman. The Board shall elect a chairman and adopt rules to govern its proceedings in accordance with this article and the statutes of the State of Texas. Meetings shall be held at the call of the chairman or such times as designated by the Board. The Board shall have the power to administer oaths 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 the question, or if absent and failing to vote, indicating such fact, and shall keep records of its examinations and other official action; all of which shall be immediately filed in the office of the Planning Department and shall be a public record.

(C)

Appeals. Appeals to the Board of Adjustment may be taken by any person aggrieved or by an officer, department, board or department municipality affected by any decision of an administrative officer. Such appeal shall be made 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 secure all papers and facts constituting the basis of the action being appealed for transmittal to the Board.

(D)

Stay of proceeding. An appeal stays all proceedings in furtherance of the action appealed, unless the officer from whom the appeal is taken certifies to the Board of Adjustment that by reason of acts stated in his certificate that a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed except by a restraining order granted by the Board of Adjustment or by the District Court on applications and notice and on the cause shown.

(E)

Notice. The secretary of the Planning Division of the Management Services Department in charge of handling Board of Adjustment appeals shall: mail announcements of appeals to all property owners within 200 feet of the site or parcel in question; advertise the hearing; and collect an application fee of $250.00 (to cover the actual costs of materials used, mailing and publication costs), which must be collected prior to scheduling any hearing or appeal. Interested parties may appear in person, or be represented by an agent or attorney.

(F)

Powers of the Board of Adjustment. The Board of Adjustment shall have the following powers: to hear and decide appeals where it is alleged that there is error in any order, requirement, decision, or determination made by an administrative official. To authorize upon appeal such variance from the terms of the ordinance as will not be contrary to the public interest, where, owning to special conditions, a literal enforcement of the provisions of this article will result in unnecessary hardship; provided, that the spirit of the ordinance shall be observed and substantial justice done. Before any variance may be authorized, the Board shall find specifically all of the following conditions exist:

(1)

The variance will not authorize the operation of a use other than those uses specifically enumerated for the district in which is located the property for which the variance is sought.

(2)

The development or use of the property for which the variance is sought, if limited by a literal enforcement of the provisions of this article, cannot yield a reasonable return in service, use or income as compared to adjacent conforming property in the same district.

(3)

The variance will not substantially or permanently injure the appropriate use of adjacent conforming property in the same district.

(4)

The variance will not alter the essential character of the district in which is located the property for which the variance is sought.

(5)

The variance will not weaken the general purposes of this article or the regulations herein established for the specific district.

(6)

The variance will be in harmony with the spirit and purposes of this article.

(7)

The variance will not adversely affect the public health, safety, or welfare.

(8)

The variance will not substantially affect the comprehensive plan or zoning in the city and that adherence to the strict letter of the article will cause difficulties and hardships, the imposition of which upon the petitioner is unnecessary in or to carry out the general purpose of the plan.

(9)

Special circumstances attached to the property covered by the application which do not generally apply to the other property in the same district.

(10)

Because of the special circumstances, property covered by application is deprived of privileges possessed by other properties in the same district; and that the granting of the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district.

(G)

Findings of fact. Every decision of the Board shall be based upon findings of fact and every finding of fact shall be supported in the record of its proceedings. The enumerated conditions required to exist on any matter upon which the Board is required to pass under this article shall be construed as limitation on the power of the Board to act. A mere finding or recitation of the enumerated conditions unaccompanied by findings of specific fact shall not be deemed findings of fact, and shall not be deemed compliance with this article.

(H)

Decisions permitted. The Board may affirm, modify, or reverse the order, requirement, decision or determination appealed.

(I)

Vote for modification or reversal. The concurring vote of four members of the Board shall be necessary to modify or reverse any order, requirement, decision or determination of any administrative officer or to decide in favor of the appellant or to effect any variation in the ordinance.

(J)

Appeal from Board. The city or any person aggrieved by any decision of the Board may have and maintain plenary action for relief therefrom in any court of competent jurisdiction; provided, petition for such relief is presented to the court within 10 days after the filing of such decision in the office of the City Recorder.

(K)

Advertisement and announcement procedure. When required, advertisement giving the time, place and subject of the hearing shall be published in a newspaper of general circulation in the city no less than 15 days prior to such hearing for the Board of Adjustment. Mailings to property owners in the vicinity, when required, shall contain the time, place, and subject of the hearing and be mailed at least 10 days prior to the hearing.

(1962 Code, § 11-6-7; Ord. 84009, passed 6-18-84; Ord. 90027, passed 6-25-90; Ord. 200022, passed 11-20-00; Ord. No. 2015-05, § I, paseed 1-26-2015, eff. 2-11-2015)

Statutory reference—Board of Adjustment, see Tex. Loc. Gov't Code, §§ 211.008 et seq.

Nothing contained herein shall require any change in the plans, construction, or designated use of a building actually under construction at the time of passage of this article provided that the entire building shall be completed within one year from the date of the passage of this article.

(1962 Code, § 11-6-8)