The Zoning Board of Adjustment shall not have the power to grant any special exception or variance which allows a use permitted in a less restricted Zoning District to be placed in a more restrictive Zoning District except for those uses provided for as "Conditional Uses", or in accordance with this section.

The Board shall have the power to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this article.

Special Exceptions. In order to provide for adjustment in the relative locations of uses and buildings of the same or different classifications, to promote the usefulness of this article, and to supply the necessary elasticity to its different operation, special exceptions are permitted by the terms of this article to be granted by the Board of Adjustment upon a showing of good cause.

Where there is now a commercial use on a portion of the lot to allow a nonconforming commercial use to extend to the entire lot or a large portion of that lot.

To waive or reduce the parking and loading requirements in any district whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot.

To authorize additions or substantial alternates to special permits.

To determine in cases of uncertainty the classification as to district of any use not specifically named in this article, provided, however, such use shall be in keeping with uses specifically named in the district regulations.

To authorize business signs to exceed the maximum height limitations of twenty-five (25) feet upon a finding by the board that the taller sign is so engineered as to be capable of withstanding the stresses of sustained winds in excess of one hundred ten (110) mph. A certification signed by a licensed engineer of the State of Texas will be prima facia evidence that the sign meets the wind stress requirement.

In granting any special exceptions under the provisions of this article, the board may designate such conditions in connection therewith, in its opinion, which will secure substantially the purpose and intent of this article. If the board's conditions are not met within sixty (60) days of the granting of the special exceptions, the board, on its own motion, may revoke the special exception and order the removal of all improvements made by the applicant for the special exception.

To authorize special exceptions to the strict compliance with the provisions of Article 9.300 “Sign Regulations.”

The Board of Adjustment shall have the power to vary the regulations of any district so as to relieve difficulties or hardships in cases when and where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of such regulation or restriction, or by reason of exceptional topographical conditions or other extraordinary and exceptional situations or conditions of such piece of property, the strict application of each regulation or restriction would result in peculiar and exceptional practical difficulties to, or exceptional hardship upon, the owner of such property. Such grant or variance shall comply, as nearly as possible, in every respect with the spirit, intent, and purposes of the zoning plan, it being the purpose of provision to authorize the granting of variation only for reasons of demonstrable and exceptional hardship as distinguished from variation sought by applicants for purposes or reasons of convenience, profit or caprice.

In granting any variance under the provision of this article, the Board may designate such conditions in connection therewith, which, in its opinion, will secure substantially the purpose and intent of this article.

In the event that an applicant who is granted a variance with conditions attached, failed to meet those conditions within a reasonable time, the Board on its own motion, and due public hearing, may revoke the applicant's variance and order the property to be returned to the condition it was in prior to the application of the variance to the property.

For a request for a Special Exception, Conditional Use, Appeal or Variance, the Board of Adjustment shall cause to be issued by mail, written notice of a public hearing before the Board of Adjustment to all owners of city real property (owners as shown on the last approved city tax roll) whose property lies within two hundred (200) feet of the property in controversy.

If part of the property within the two hundred (200) feet was annexed to the city since the approval of the last city tax roll, notice shall be given to those property owners by newspaper publication at least fifteen (15) days before the hearing.

The mailed notices shall be properly addressed, postage paid and deposited in the city post office at least ten (10) days before the hearing date.

At least fifteen (15) days before the public hearing before the Board of Adjustment for City Planning and Zoning Commission, notice shall be published one time in a newspaper of general circulation in the city.