Creation of the board of adjustment.

The city council shall provide for the appointment of a board of adjustment and the regulations and restrictions adopted shall be pursuant to the provisions of applicable statutory requirements of the State of Texas. The board of adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of this zoning ordinance in harmony with its general purpose and intent and in accordance with general and specific rules herein contained.

Powers and duties.

The board of adjustment shall have the following powers:

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, interpretation, or determination made by the building official in the enforcement of this ordinance;

To interpret the intent of the zoning district map where uncertainty exists because the physical features on the ground vary from those on the zoning district map and none of the rules set forth in section 2 apply;

To hear and decide request for use permits for:

To initiate on its motion, or cause to be presented by interested property owners, action to bring about the discontinuance of a nonconforming structure under any plan whereby full value of the structure can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this ordinance;

To authorize upon appeal variances of the yard, lot width, lot depth, signs, minimum setback, off-street parking or off-street loading regulations from the terms of this ordinance as will not be contrary to the public interest, where owing to unique and special conditions of the land not normally found in like districts a strict enforcement of the provisions of the ordinance by the building official would result in unnecessary hardship, and so that the spirit of this ordinance shall be observed and substantial justice done.

Organization of the board.

The board of adjustment shall consist of five (5) members who are residents of the city and qualified voters. Each shall be appointed for a term of two (2) years, except that two (2) members appointed initially shall have terms of only one (1) year. After the initial appointments, two (2) members and a chairperson shall be appointed in even-numbered years, and two (2) members shall be appointed in odd-numbered years to maintain a membership of five (5) members.

Members shall be removable for cause by the city council upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. However, the city council may provide for the appointment of four (4) alternate members of the board of adjustment who shall serve in the absence of one (1) or more regular members when requested to do so by the mayor. All cases to be heard by the board of adjustment will always be heard by a minimum number of four (4) members. These alternate members, when appointed, shall serve for the same period as the regular members and any vacancies shall be filled in the same manner and shall be subject to removal as the regular members.

Rules and regulations.

The board [of adjustment] shall develop and adopt rules in accordance with the provisions of this ordinance. Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. Such chairperson, or in his or her absence the acting chairperson, 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 (the office of the city secretary) and shall be a public record (filing fee required).

Editor’s note–Ordinance adopted October 19, 2015 added the filing fee to the fee schedule but did not specifically amend the zoning ordinance. At the request of the city, the filing fee mentioned in the section above was removed from the zoning ordinance and placed in the fee schedule provided in appendix A to the Code of Ordinances.

Appeals.

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board, commission or committee of the city affected by any decision of the building official. Such appeal shall be made within thirty (30) days by filing with the building official and with the board of adjustment a notice of appeal specifying the grounds thereof. The building official 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 building official certifies to the board of adjustment after the notice of appeal shall have been filed with him or her that by reason of facts stated in the certificate a stay would, in his or her 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.

The board of adjustment shall hear the appeal within thirty (30) days or such extension as requested by the applicant, 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.

Revision of appealed decisions.

In exercising the above-mentioned powers such board [of adjustment] may, in conformity with the provisions of this ordinance, reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the power of the building official from whom the appeal is taken.

Votes necessary.

The concurring vote of four (4) members of the board [of adjustment] shall be necessary to reverse any order, requirement, decision or determination of the building official, to decide in favor of the applicant on any variation in this ordinance.

Appeals from the board of adjustment.

Any person or persons or any taxpayer or any officer, department, board, commission or committee of the city, jointly or severally, aggrieved by any decision of the board of adjustment, may present to a court of record a petition, verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the board.

Public hearing and notice thereof.

The chairperson of the board [of adjustment] shall give public notice by publication in a local newspaper at least fifteen (15) days prior to a date set for a public hearing before the board and shall notify all property owners of record within two hundred (200) feet of the property in question at least ten (10) days prior to the date set for the public hearing by letter.