There is hereby created a board of adjustment consisting of five members, each to be appointed by a majority of the city council for a term of two years and removable for cause by the appointing authority upon written changes and after public hearing. Vacancies shall be filled by the appointment by the original appointing authority of a suitable person to serve out the unexpired term of any member whose place on the board has become vacant for any cause.

The board shall hold an organizational meeting in July of each year and shall elect a chairman and vice-chairman from among its members before proceeding to any other matters of business. The board shall elect a secretary and such other officers as it deems necessary, either from its membership or from staff representatives assigned by the city manager to work with the board.

The board is hereby vested with power and authority, in appropriate causes and subject to appropriate conditions and safeguards to make such exceptions to the terms of this article in harmony with its general purpose and intent and in accordance with general or special rules therein contained for the purpose of rendering full justice and equity to the general public. The board may adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with this article. Meetings of the board shall be held at the call of the chairman, who may administer oath 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, indicate 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.

Appeals to the board of adjustment can be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the administrative officer. Such appeals shall be taken within 15 days’ time after the decision has been rendered by the administrative officer, 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 forthwith transmit to the board all papers constituting the record upon which the action appealed was taken. An appeal shall stay all proceedings upon 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 him, that by reason of facts, stated in the certificate, a stay would, in his 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 or application on notice to the officer from whom the appeal is taken and on due cause shown.

The board of adjustment shall have the following powers:

In exercising its powers, the board may, in conformity with the provisions of Articles 1011-A and including 1011-J of the revised Civil Statutes of Texas, reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken.

A quorum for the conduct of business shall consist of four (4) members of the board. The concurring vote of four members of the board shall be necessary to reverse any order, requirements, decision or determination of any such administrative official, or to decide in favor of the application on any matter upon which it is required to pass under this article or to effect any variance in said ordinance. No members of the board shall abstain from participation unless they have a conflict of interest as defined by state law or local ordinance. The chairman may participate in the discussion of all matters coming before the board and shall be entitled to vote.

Any person or persons, jointly or severally, aggrieved by and [any] decision of the board of adjustment or any taxpayer or any officer, department, board or bureau of the city may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented within ten days after the filing of the decision in the office of the board and not thereafter.