(A)

Creation of Board of Adjustment. There is hereby created a board of adjustment consisting of five (5) members and three (3) alternate members to be appointed by the City Council pursuant to procedures adopted by the City Council. All members, including alternates, must be residents of the City of South Padre Island. Said board shall have all powers vested by the Texas Local Government Code Ch. 211.

(B)

Terms, Removal of Members. All members of the board, including alternate members, shall be appointed for two-year terms and shall serve until their successors are appointed and qualified and shall be removable for cause by the City Council upon written charges and after public hearing.

(C)

Vacancies. Vacancies in the regular membership of the board of adjustment shall be filled by the City Council pursuant to procedures adopted by the City council. Vacancies of the alternate board of adjustment member(s) shall be appointed at large by the city council, and determined by majority vote, for the unexpired term of vacancy. The alternate members serve for the same period and are subject to removal the same as regular members.

(D)

Minimum of four (4) Members at Hearings. The alternate members of the board of adjustment shall serve in the absence of one (1) or more regular members when requested by the Mayor or City Manager so that all cases heard by the board of adjustment will always be heard by a minimum of four (4) members, in conformity with state law requiring that seventy-five (75) percent of the members of the board hear each case.

(E)

Minutes/Records. 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 action, all of which shall be immediately filed in the office of the City Secretary and shall be a public record. The presiding officer or acting presiding officer may administer oaths and compel the attendance of witnesses.

(F)

Meetings and Rules. The board shall have monthly meetings or at the call of the chairman or in his absence the acting chairman, and at such other times as the board may determine. All board meetings shall be open to the public and be governed by the Texas Open Meetings Act. The board may adopt rules consistent with this chapter or state law to govern its proceedings.

(G)

Authority and Powers of Board. The board of adjustment shall have the following authority, powers and duties which must be exercised in accordance with this chapter and state law:

(1)

To hear and decide appeals where it is alleged by an aggrieved person that there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the Zoning Ordinance.

(2)

To hear and decide special exceptions to the terms of a zoning ordinance when the ordinance requires the board to do such.

(3)

To authorize upon appeal in specific cases, and subject to appropriate conditions and safeguards, such variances from the terms of this chapter if not contrary to the public interest, where due to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, as defined above in this chapter in Section 20-3, and so that the spirit of the chapter shall be observed and substantial justice done. A variance may not be granted to relieve a self-created or personal hardship, nor for financial reasons, except the grounds outlined below in subsection (G)(4) may be considered. All requests for variances must be supported by strong evidence and a compelling argument to justify the variance. In exercising its authority, under subsection (G)(1) above, the board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the board has the same authority as the administrative official. The concurrent vote of seventy-five (75) percent of the members of the board is necessary to reverse an order, requirement, decision, or determination of an administrative official or decide in favor of an applicant on a matter on which the board is required to pass under the zoning ordinance, or authorize a variation from the terms of a zoning ordinance.

(4)

In exercising its authority under Subsection (G)(3) above, regarding variances, the board may consider the following grounds to determine whether compliance with the ordinance as applied to a structure or other matter that is the subject of the appeal would result in unnecessary hardship:

1.

The financial cost of compliance is greater than 50 percent of the current appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the city.

2.

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

3.

Compliance would result in the structure being a violation of any other city requirement, ordinance, or building code.

4.

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

5.

The city considers the structure to be a non-conforming structure or non-conforming matter.

(H)

Compensation of Members. None.

(I)

Notice of Hearings. Public notice of hearings before the board of adjustment shall be given for each separate appeal, request for a variance, request for a special exception or a request for the rezoning of an area by publication one (1) time in a paper of general circulation in the city, stating the time and place of such hearing which shall not be earlier than fifteen (15) days from the first date of such publication, and in addition thereto, the board of adjustment shall mail notice of such hearing to the petitioner or applicant, and to the owners of property lying within two hundred (200) feet of any point of the lot or portion thereof on which a variation, or exception, is desired, which a notice of appeal has been filed, or which there is an application to rezone, 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.

(Ord. No. 24-05, 10-2-2024)