(a)

Composition. There shall be a board of adjustment consisting of seven members appointed by the mayor and confirmed by the city council, each member appointed for a term of two years. The members shall hold office and the board of adjustment shall be governed and controlled by the provisions of state law.

(b)

Term of office. The terms of three regular members and one alternate member shall expire on December 31 of each odd-numbered year and the terms of two regular members and one alternate member shall expire on December 31 of each even-numbered year. The members shall be identified by place numbers one through seven. The odd-numbered places shall expire in the odd-numbered years; the even-numbered places shall expire in the even-numbered years. Board members may be appointed to succeed themselves. Vacancies shall be filled for expired terms, but no member shall be appointed for a term in excess of two years. Newly appointed members shall be installed at the first regular commission meeting after their appointment.

(c)

Organization. The board shall elect a chairperson at the first meeting held each year. The commission shall adopt its own rules of procedure and keep a record of its proceedings consistent with the provisions of this chapter and the requirements of law.

(d)

Alternate members. Alternate members shall serve in the absence of one or more of the regular members.

(e)

In addition to the rules established in this section, the rules established in section 2-30 for all city boards and commissions shall also apply to the board of adjustment.

(Code 1985, § 31.1400; Ord. No. 2025-03-19-08, § 1(Exh. A), 3-19-2025)

Editor's note— Ord. No. 2025-03-19-08, § 1(Exh. A), adopted March 19, 2025, amended the title of § 40-221 to read as herein set out. The former § 40-221 title pertained to membership.

The following functions are under the power of the board of adjustment:

(1)

Hear and decide appeals. 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 chapter.

(2)

Hear and decide zoning exceptions. To hear and decide special exceptions to the terms of this chapter upon which the board is required to pass herein.

(3)

Grant zoning variances. To authorize, upon appeals and specific cases, variances from the terms of this chapter as will not be contrary to the public interest. This authority is to be used in instances where, owing to special conditions, a literal enforcement of the provision of this chapter will result in unnecessary hardship, and in such a manner that the spirit of this chapter shall be observed and substantial justice done. The special conditions must be unique to the applicant's property and beyond the applicant's control. Any variance will be deemed contrary to the public interest if it adversely affects other property owners in the vicinity of the subject property.

(4)

When exercising the authority described in the above subsection, the board of adjustment may, but is not required to, consider any of the following as possible grounds in determining whether a requested variance is necessary to avoid an unnecessary hardship:

(a)

The financial cost of compliance is greater than 50 percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the municipality under V.T.C.A. Tax Code § 26.01;

(b)

Compliance would result in a loss to the lot on which the structure is located of at least 25 percent of the area on which development may physically occur;

(c)

Compliance would result in the structure not being in compliance with a requirement of a municipal ordinance, building code, or other requirement;

(d)

Compliance would result in the unreasonable encroachment on an adjacent property or easement; or

(e)

The municipality considers the structure to be a nonconforming structure.

(Code 1985, § 31.1401; Ord. No. 2021-16, § 1, 11-17-2021)

Public notice of hearings before the board of adjustment shall be given for each separate appeal thereto by publication two times in a newspaper of general circulation in the city, stating the time and place of such hearing, which shall not be earlier than ten days from the first date of publication, and in addition thereto, the board of adjustment shall mail notices of such hearing to the petitioner and to the owners of property lying within 200 feet of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the board of adjustment to be affected thereby. Such owners and persons shall be determined according to the current tax rolls of the city. The published notice and the mailed notice may contain notice of a hearing on more than one matter. Substantial compliance with the provisions of this section shall be deemed sufficient, and the depositing of such written notices in the mail by the board of adjustment shall be deemed compliance with the provision for mailed notices.

(Code 1985, § 31.1402; Ord. No. 2000-18, 12-13-2000)

State Law reference— Board of adjustment, V.T.C.A., Local Government Code §§ 211.008—211.013.