There is hereby created and established a commission to be known as the zoning and planning commission to make recommendations regarding annexations, recommend the boundaries of the various zoning districts and appropriate regulations to be enforced therein and general amendments to this chapter. The commission may grant specific permits or variances as provided herein.

The term of office shall be one year, which shall end on June 30 each year. Vacancies shall be filled in the same manner as appointment.

Before submitting a recommendation to the city council or before granting a permit or variance as provided for in this chapter, the commission shall hold a public hearing thereon. Written notice of all public hearings before the commission on proposed annexations, changes in classification and applications for variances or original special uses shall be sent to owners of real property lying within two hundred feet (200') of the property on which the action is proposed, such notice to be given not less than ten (10) days before the date set for hearing. Such notice may be served by depositing the same, properly addressed and postage paid, in the United States post office. Where property lying within two hundred feet (200') of the property proposed for action is located in territory which was annexed to the city after the final date for making renditions which are included on the last approved city tax roll, notice to such owners shall be given by publication in the manner provided by law.

A quorum shall consist of four (4) members of the commission.

A board of adjustment is hereby established in accordance with Local Government Code section 211.008 et seq. of the state.

The board of adjustment shall have the following powers:

The board of adjustment shall adopt rules in accordance with the provisions of this chapter. Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board may determine. Such chairman, or in the chairman’s absence the acting chairman, may 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 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 board and shall be a public record.

Board of adjustment members shall serve for a term of two (2) years. Vacancies shall be filled by the city council for the remainder of the unexpired term of any member whose term becomes vacant.

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

All cases to be heard by the board of adjustment will always be heard by a minimum of six (6) members.

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality affected by any decision of an administrative officer or commission as provided for by other city ordinances. Such appeal shall be taken within 30 days from the date the decision was made as provided by the rules of the board, by filing with the officer or commission from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer or commission from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

An appeal stays all proceedings in furtherance 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 the officer him, that by reason of facts stated in the certificate a stay would, in the officer’s 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 on due cause shown.

In exercising the above-mentioned powers, the board of adjustment may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer or commission from whom the appeal is taken.

The concurring vote of six (6) members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or commission, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in this chapter.

The zoning and planning commission or the code official may order all work or activity of any kind stopped on any site where a significant violation of this chapter is found. Any person, including a workman on the site, who fails to comply with a stop work order shall be guilty of a misdemeanor punishable as provided in the penalty section hereof.

Any structure used, or any activity contrary to any of the provisions of this chapter is hereby declared to be unlawful and shall constitute a violation of this chapter. The city council may authorize injunction, mandamus, abatement, or any other action available in law or equity to prevent, enjoin, abate, correct, or remove such unlawful structure, use, or activity.