There is hereby created a zoning board of adjustment. Such board is established in accordance with the provisions of V.T.C.A., Local Government Code § 211.008. Such board shall have and exercise those powers and duties as prescribed of V.T.C.A., Local Government Code § 211.009 and this chapter.

(Ord. No. 1089, § 1, 6-28-2017; Ord. No. 1151, § 1, 10-16-2019)

(a)

The board of adjustment shall consist of five members, each to be appointed by the mayor and confirmed by the city council. Members shall be appointed for terms of two years, which terms shall run concurrently with that of the mayor. Vacancies shall be filled by the same procedures for original appointment, and shall be for the unexpired term of the position vacated.

(b)

The board shall have four alternate members, appointed in the same manner and for the same terms as regular members. Alternate members shall serve in the absence of one or more regular members.

(c)

Members of the board, whether regular or alternate, may be removed only for on a written charge by the city council after a public hearing.

(Ord. No. 1089, § 1, 6-28-2017; Ord. No. 1151, § 1, 10-16-2019)

One regular member of the board of adjustment shall be appointed as its chairperson, and another as vice-chairperson. The chairperson and vice-chairperson shall be appointed by the mayor, subject to approval by the city council. Such officers shall be appointed for terms of one year.

The selection order for alternate service shall be determined by the alternate position number, with alternate one serving for the first absence and so on. Alternate members of the board may also serve in the absence of a regular member when requested to do so by the mayor. Alternate members are authorized to attend and participate during meetings when not serving in the place of a regular member, but vote the alternate member's shall not count or be recorded during those meetings.

(Ord. No. 1089, § 1, 6-28-2017; Ord. No. 1151, § 1, 10-16-2019)

Meetings of the board of adjustment shall be held at the call of the chairperson and at such times as the board may determine. All meetings of the board shall be open to the public in accordance with the provisions, limitations and exceptions of applicable open meetings laws.

In the absence of the chairperson, the vice-chairperson shall act as the chairperson and shall have all powers of the chairperson. The members of the board shall be authorized to select one of its members to preside over meetings in the absence of the chairperson and the vice-chairperson. The chairman, or in the chairman's absence the vice-chairman, shall preside at all meetings, shall decide all points of order or procedure, and as necessary shall administer oaths and compel attendance of witnesses. the city secretary or the city secretary's designee shall keep minutes, books, files and other records of the board and perform such other duties as are incidental to the office, and shall cause to be given such notices as are required in the manner prescribed by state law and the city's ordinances.

Public notice of all meetings of the board shall be given as prescribed in the Texas Open Meetings Act. All notices shall be made in accordance with applicable state law and the applicable zoning ordinance provisions. All notices shall identify the applicant, the location of the property in issue, the nature of the application, and the applicable zoning ordinance provisions. The board may, on motion by an affected party or on its own, determine due notice to the parties in interest. The city secretary shall provide notice of each meeting as required by state law and the city's ordinances.

A quorum to conduct business, including to consider an appeal, request for variance or request for special exception, shall consist of four voting members.

Agenda. An agenda for each meeting of the board shall be prepared. The agenda shall describe the matters scheduled for consideration by the board, which may include, but not be limited to, appeals, requests for special exceptions, requests for variances, other matters for which the board is required to act under the city's ordinances, and matters pending that require further action by the board.

Any party in interest may appear in his own behalf or be represented by an agent and/or counsel.

(Ord. No. 1089, § 1, 6-28-2017; Ord. No. 1151, § 1, 10-16-2019)

(a)

The official records of the board shall include these rules of procedure and the minutes of the board, together with all appeal and application forms and documentation submitted either in favor or against a request findings, decisions, and other official actions. Notes taken by individual board members for their personal use, and not filed with the city secretary, are not official records of the board.

(b)

Zoning official shall mean the administrative official of the city that makes an administrative decision under the city's zoning ordinances.

(c)

Zoning ordinance shall mean the ordinances of the city adopted under authority of V.T.C.A., Local Government Code ch. 211, including the city's zoning regulations and the city's zoning boundaries.

The minutes of the board's proceedings shall show the vote of each member, excluding alternate members, present on each decision of the board.

Records of all matters coming before the board shall be filed in the records of the board. Original papers shall be retained in accordance with the city's applicable records retention schedules. Records of the board shall be kept on file in the city's offices and shall be made available for public inspection in accordance with applicable open records laws.

(Ord. No. 1089, § 1, 6-28-2017; Ord. No. 1151, § 1, 10-16-2019)

The board of adjustment shall have the authority to grant relief in the form of variances, special exceptions, and appeals to the provisions of this section, subject to the standards established herein.

(1)

Variances. The board of adjustment shall have the authority to grant variances from the technical requirements of this section, such as those relating to height, yard, and area regulations, if:

a.

A variance is necessary to allow the reasonable use of a particular parcel of land that is restricted by attributes inherent in the land such as its area or shape and, when applying the standards of this section, it cannot otherwise be appropriately or reasonably used;

b.

The granting of a variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, nor substantially increase the congestion in the public streets, nor increase the danger of fire, or in any way endanger the public health, safety and well-being of the neighborhood in which the subject property is located;

c.

The literal enforcement of this section would create an undue hardship;

d.

The need for the variance is not self-imposed by the applicant;

e.

The hardship to be suffered through the literal enforcement of the ordinance would not be financial alone; and

f.

The granting of the variance would not be injurious to the public health, safety, and welfare nor be contrary to the purpose and intent of this section.

The board may establish and impose appropriate conditions to the granting of a variance to safeguard the character of the area and to protect adjacent property owners, which conditions shall be expressed in the written order of the board relating thereto. Violation of any such condition shall be deemed a violation of this section. The board shall not be authorized to consider or grant a variance to allow a use not permitted in the district in which the applicable property is located, nor to change the zoning district designation of any land.

(2)

Special exceptions. The board of adjustment shall have the authority to grant special exceptions when required to do so under this section, if:

a.

The establishment, maintenance or operation of the use will not be materially detrimental to or endanger the public health, safety, morals or general welfare;

b.

The establishment of the use will not significantly impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zoning district; and

c.

All reasonable steps have been taken to minimize any adverse effect of the proposed special exception on the immediate vicinity through building design, site design, landscaping, buffering and screening.

The board may establish and impose appropriate conditions to the granting of a special exception to safeguard the character of the area and to protect adjacent property owners, which conditions shall be expressed in the written order of the board relating thereto. Violation of any such condition shall be deemed a violation of this section.

(3)

Administrative review. The board of adjustment shall have the authority to hear and decide appeals where it is alleged there is error of law in any order, requirement, decision, or determination made by the zoning administrator or building official in the interpretation or enforcement of this section. Appeals may be taken to and before the board by any person aggrieved, or by any officer, department, or bureau of the city.

(4)

The board of adjustment may hear and decide other matters authorized by the city by ordinance.

(Ord. No. 1089, § 1, 6-28-2017; Ord. No. 1151, § 1, 10-16-2019)

In exercising its authority under this chapter, the board of adjustment may reverse or affirm, in whole or in part, or modify an order, requirement, decision, or determination of the zoning administrator or building official, and for that purpose the board shall have the same authority as the zoning administrator or building official. The concurring vote of four members shall be necessary to:

(1)

Reverse an order, requirement, decision, or determination of the zoning administrator or building official;

(2)

Decide in favor of an applicant on a matter on which the board is required to pass under this chapter; or

(3)

Authorize a variance or special exception from the items of this chapter.

(4)

Dismiss an appeal or application when the board finds that is has been improperly filed or upon notification by the zoning administrator or building official that a permit has been issued which negates the appeal or application.

(Ord. No. 1089, § 1, 6-28-2017; Ord. No. 1151, § 1, 10-16-2019)

(a)

An application for variance, special exception, or appeal shall be prepared in the prescribed form, to be furnished by the zoning administrator, and filed with the city secretary and with the zoning administrator. To apply for a variance or special exception under the provisions of this chapter, the applicant must be an owner of the property to be affected by the variance or special exception, or must have a contractual interest in the property to be affected by the variance or special exception.

(b)

Each application shall be accompanied by a nonrefundable application fee, in such amounts as may be established from time to time by city council, to defray the costs of processing such application and conducting necessary hearings relating thereto.

(c)

The city secretary is authorized to act for the board to reject any appeal or application that is: (1) not filed by the applicable deadline; (2) not substantially complete; or (3) that is not accompanied by the required fee. An applicant who believes that his or her appeal or application was wrongfully rejected may appeal the city secretary's decision to the board by filing a written notice of appeal with the city secretary who shall place the matter on the agenda for the next meeting of the board.

(Ord. No. 1089, § 1, 6-28-2017; Ord. No. 1151, § 1, 10-16-2019)

Appeals shall be filed within 20 days of the decision, determination, or interpretation which is the subject of the appeal. Failure to file as required herein shall constitute a waiver of any rights under this chapter to appeal any such decision, interpretation, or determination. Upon the filing of an application on an appeal, the zoning administrator shall transmit to the board of adjustment all of the papers constituting the record upon which the action appealed from was taken. Filing a notice of appeal shall stay any proceedings in furtherance of the action appealed.

The board of adjustment shall decide an appeal at the next regular meeting for which notice can be provided following the hearing and not later than the 60th day after the date the appeal is filed.

(Ord. No. 1089, § 1, 6-28-2017; Ord. No. 1151, § 1, 10-16-2019)

(a)

Notice of hearings. The board of adjustment shall fix a reasonable time for required hearings on all matters referred to it and, at least ten days prior to the date set for the hearing, 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 variance is requested, as listed in the most current tax rolls of the city.

(b)

Subpoena of witnesses. The board shall have the power to subpoena witnesses, administer oaths, and punish for contempt, and may require the production of documents, under such regulations as it may establish.

(c)

Decision by board. The board shall decide all matters within a reasonable time. The board may reverse or affirm, wholly or partly or modify the order, requirements, decisions, or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer from whom the appeal is taken. The board shall file its decision in the board's office. The board may dismiss an appeal or application when the board finds that it has been improperly filed or upon notification by the zoning administrator that a permit has been issued which negates the appeal or application.

(d)

Submission of evidence and withdrawal. Evidence relating to any matter before the board shall be submitted only to the board in public meeting. Any request for board action may be withdrawn upon written notice to the city secretary; but no request shall be withdrawn after the giving of public notice and prior to board action thereon without formal consent of the board.

(e)

Judicial review. Any person or persons aggrieved by a decision of the board, or any taxpayer, or any officer, department, board or bureau of the city may appeal the board's decision in accordance with applicable law.

(f)

Successive applications. No application for a variance, special exception or appeal which has been denied shall be again filed earlier than one year from the date that said application was denied.

(g)

Order of business. The chairman shall call the board to order and the secretary shall record the members present and absent. The chairman shall publicly advise those present of the procedures to be followed in the hearing and the disposition of applications; the chairman shall call each matter in the order in which it was filed, and shall announce the name of the applicant, the location of the property involved, and the nature of the request. Supporting evidence for and against each case shall be presented to the board. Each case may be taken under advertisement until all have been heard.

(h)

Procedure for hearing.

(1)

The chairman shall first call upon the appellant/applicant to present the appellant/applicant's case and all evidence supporting the appellant/applicant's plea. The chairman shall then inquire of the appellant/applicant if there are others affected who support the appeal/application.

(2)

The chairman shall next call on the zoning official to present any information that the zoning official deems necessary or appropriate relative to the appeal/application.

(3)

The chairman shall next call on those opposed to the granting of the appeal/application to present their evidence and arguments. The appellant/applicant shall then have the right of rebuttal. Following rebuttal, the chairman shall order the hearing closed.

(4)

Each side shall proceed without interruption by the other, and all arguments and pleadings shall be addressed to the chairman. No questioning or arguments between individuals appearing before the board will be permitted.

(5)

The board may elect to continue a hearing on any matter for which the appellant/applicant fails to appear unless the appellant/applicant has requested that the board act without the appellant/applicant being present at the hearing; provided, however, the board shall hear those persons appearing in response to the notice of such hearing.

(6)

The board may direct any question to the appellant/applicant, or to any person speaking on the appeal/application, in order to bring out all relevant facts, circumstances, and conditions affecting the appeal/application, and the chairman shall call for questions from other members of the board and from the staff before closing the hearing on each appeal/application.

(i)

Procedure for formal hearing.

(1)

The following additional procedures shall be applicable in all appeals and applications where: (a) one or more persons, other than the appellant/applicant or zoning administrator, are admitted as formal parties; or (b) in appeals from decisions of the zoning official, where the appellant specifically requests that these procedures be followed.

(2)

The appellant/applicant shall be given the right to open and close the evidence.

(3)

The appellant/applicant may, at its sole election, permit city staff to present its recommendation on the matter during the appellant/applicant's opening. Otherwise, the staff shall present its recommendation, if any, after the appellant/applicant and any other parties have completed their presentations.

(4)

If one or more of the parties file a written request for the right to cross examine witnesses, all witness testimony shall be submitted in question and answer form, and all parties shall have the right to cross-examine any witnesses whose testimony is adverse to that party's position.

(5)

Members of the board may question any witness or party, regardless of whether the witness testimony is presented in question and answer form.

(6)

Any written or physical evidence offered by the parties or by city staff shall be submitted through the chairman to the board during a public meeting. Strict rules of evidence shall not be followed with regard to physical or written evidence, but the board may allow any party or city staff to point out questions of authenticity, reliability.

(Ord. No. 1089, § 1, 6-28-2017; Ord. No. 1151, § 1, 10-16-2019)

The mayor shall appoint, with the concurrence of the city council, a zoning administrator whose duties and responsibilities shall include, but not be limited to, the following:

(1)

Receive, review, and administratively process all applications for amendments to the zoning code, including specific use permits, and variances and special exceptions, that may from time to time be submitted in accordance with the Texas Local Government Code and this chapter;

(2)

Serve as staff support to the mayor and city council and the board of adjustment regarding development proposals and related zoning matters;

(3)

Appear on behalf of the city at all public hearings under this chapter before the city council and the board of adjustment, and present facts and information as required by this chapter and as requested by each of said bodies;

(4)

Establish administrative procedures and maintain all records related to zoning matters brought before the city council and the board of adjustment;

(5)

Assist the city secretary in maintaining the official zoning district map and maintain copies of all maps and plans that provide documentation for planning and zoning or that are otherwise required by this chapter;

(6)

Serve as the enforcement officer to ensure compliance with this chapter; and

(7)

Perform such other duties as are required or prescribed under this chapter.

(Ord. No. 1089, § 1, 6-28-2017)