1.

A Board of Adjustment is hereby created. The Board shall consist of seven members, appointed by the Mayor and approved by the City Council, each to be appointed for a term of three years, excepting that when the Board shall first be created, three members shall be appointed for a term of three years, two for a term of two years, and two for a term of one year. Members shall be removable for cause by the Mayor and the City Council upon written charges and after public hearing. Vacancies for any member with an expired term, shall be filled by Mayoral appointment with the approval of the City Council.

2.

The Board of Adjustment shall adopt rules for the conduct of its business, elect a chairman and a vice-chairman, establish a quorum and procedure, and keep public record of all findings and decisions. Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. Each session of the Board of Adjustment shall be a public meeting with notice of said meeting and business agenda to be published in a newspaper of general circulation in the city, at least one time seven days prior to the meeting.

3.

Any person or group that is affected by a zoning decision of the City Council, may make appeal to the Board of Adjustment, if that decision is subject to appeal as outlined herein. Such appeal shall be within such time as prescribed by the Board by general rule, by filing with the Zoning Administrator a Notice of Appeals. The Zoning Administrator shall forthwith transmit to the Board all papers constituting the record upon which the action appealed was taken.

4.

The Board of Adjustment shall have the following powers:

a.

To hear and decide appeals where it is alleged there is any type of procedural error in [an] order, requirement, decision or determination made by the City Council in the enforcement of this Ordinance, and may affirm or reverse, in whole or part, said decision of the Council.

b.

To hear requests for variances from the literal provisions of the Zoning Ordinance in instances where strict enforcement of the Zoning Ordinance would cause undue hardship due to circumstances unique to the individual property under consideration, and grant such variances only when it is demonstrated that such action will be in keeping with the spirit, intent and provisions of the Zoning Ordinance. The Board of Adjustment shall not permit, as a variance, any use in a district that is not permitted under the Ordinance. The Board of Adjustment may impose conditions in the granting of a variance to insure compliance and to protect adjacent property.

c.

To hold public hearings on and decide the following exceptions to or variations of this Ordinance.

1)

To permit the extension of a district where the boundary line thereof divides a lot held in a single ownership at the time of adoption of this Ordinance.

2)

Interpret the provisions of this Ordinance in such a way as to carry out the intent and purpose of the plan, as shown upon the Zoning District Map, where the street layout on the ground varies from the street layout as shown on this map.

3)

Vary the yard regulations where there is an exceptional or unusual physical condition of a lot, not generally prevalent in the neighborhood, which condition when related to the yard regulations of this Ordinance would prevent a reasonable or sensible arrangement of building on the lot.

4)

Vary the parking regulations by not more than 50 percent where it is conclusively shown that the specific use of a building would make unnecessary the parking spaces otherwise required by this Ordinance, or where it can be conclusively shown that adequate off-street parking to serve a particular use has been provided by or is controlled by the municipality.

5)

Decisions of the Board in respect to the above shall be subject to appeal to the District Court of Scurry County, Texas.

(Ordinance 982 adopted 9/8/08)