There shall be a board of adjustment established in accordance with and controlled by the provisions of Chapter 211 of the Texas Local Government Code. The board shall consist of five members and two alternate members who shall serve in the absence of one or more regular members when requested to do so by the mayor or city manager.

(Ord. No. 2011-07, § 2, 3-22-2011)

A.

Errors. The board shall have the power to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this title.

B.

Special Exceptions. In order to provide for adjustment in the relative locations of uses and buildings of the same or of different classifications, to promote the usefulness of this title as an instrument for fact finding, interpretation, application and adjustment, and to supply the necessary elasticity of its efficient operation, special exceptions are permitted by the terms of this title. The following special exceptions are permitted if the board finds that, in its opinion, as a matter of fact, such exceptions will not substantially affect adversely the uses of adjacent and neighboring property permitted by this title:

1.

A nonconforming commercial use to extend to the entire lot or a larger portion of the lot where there is now a commercial use, or a portion of the lot.

2.

To waive or reduce the parking and loading requirements in any district whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot.

3.

Additions or structural alterations by special permits.

C.

Variances. The board of adjustment shall have the power to grant the following variances: To vary the regulations of any district, except for use regulations, so as to relieve difficulties or hardships in cases when and where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of such regulation or restriction, or by reason of exceptional topographical conditions, or other extraordinary and exceptional situations or conditions of such piece of property, the strict application of each regulation or restriction would result in peculiar and exceptional practical difficulties to, or exceptional hardship upon, the owner of such property. Such grant or variance shall comply, as nearly as possible, in every respect with the spirit, intent and purposes of the zoning plan; it being the purpose of this provision to authorize the granting of variation only for reasons of demonstrable and exceptional hardship as distinguished from variation sought by applicants for purposes or reasons of convenience, profit or caprice.

(Ord. No. 2011-07, § 2, 3-22-2011)

In exercising the above powers, the board may 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, in the interest of the public and the individual affected, and to that end shall have the powers of the building inspector from whom the appeal is taken. Reason for granting or denying of a variation, together with accompanying testimony shall be included in the minutes of the meeting in which such action was taken. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of the building inspector, or to decide in favor of the applicant upon any matter which it is required to pass under any such ordinance, or to affect any variation in such ordinance.

(Ord. No. 2011-07, § 2, 3-22-2011)

After the board of adjustment has approved a special exception or granted a variance, the special exception or variance so approved or granted shall lapse after the expiration of one year, if no substantial construction or change of use has taken place in accordance with the plans for which such special exception or variance was granted, and the provisions of this title shall thereafter govern.

(Ord. No. 2011-07, § 2, 3-22-2011)

The board has no other powers than those specified in section 17.08.020.

(Ord. No. 2011-07, § 2, 3-22-2011)

An application for a special exception must be accompanied by a fee of $200.00 and the said $200.00 shall be paid to the city.

(Ord. No. 2011-07, § 2, 3-22-2011)