The City Council shall serve as the Board of Adjustment as authorized by Tex. Loc. Gov't Code § 211.008(g). The Board of Adjustment shall have the power granted by and controlled by the provisions of Tex. Loc. Gov't Code, § 211.009.

(Ord. 09-0721, passed 7-21-2009; Am. Ord. 09-0618, passed 6-18-2019)

   The Board of Adjustment is hereby vested with power and authority in appropriate cases and subject to appropriate conditions and safeguards to make such exceptions to the terms of this chapter in harmony with its general purpose and intent and in accordance with general or special rules herein contained for the purpose of rendering full justice and equity to the general public. The Board shall have the following powers:

   (A)   To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Building Official in the enforcement of this chapter.

   (B)   In exercising its powers the Board may, in conformity with the provisions of this section and Tex. Loc. Gov't Code, § 211.009, revise or reform, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken.

   (C)   To authorize upon request in special cases, such variances from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done; however, in no event shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use, expressly or implicitly, prohibited by the terms of this chapter in the district.

(Ord. 09-0721, passed 7-21-2009)

   In exercising its authority under this division, the Board of Adjustment may reverse or affirm, in whole or in part, or modify the Building 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.

(Ord. 09-0721, passed 7-21-2009)

   The concurring vote of 75% of the members of the Board of Adjustment is necessary to:

   (A)   Reverse an order, requirement, decision or determination of the Building Official;

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

   (C)   Authorize a variance from the terms of this chapter.

(Ord. 09-0721, passed 7-21-2009)