City of Horseshoe Bay, TX Board of Adjustment

The BOA shall have the authority, granted under chapter 211 of the Texas Local Government Code and those established herein, to exercise powers and to perform duties including the following:

Hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this article;

Authorize, in specific cases, a variance from the terms of this article if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of this article would result in unnecessary hardship, and so that the spirit of this article is observed and substantial justice is done;

(3)

In exercising its authority under this article, the BOA 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 concurring vote of at least seventy-five percent (75%) of the full BOA (4 of 5) is necessary to:

Reverse an order, requirement, decision or determination of an administrative official;

Decide in favor of an applicant on a matter on which the board is required to review under this article;

(3)

Authorize a variance from the terms of this article; or

(4)

Hear and decide special exceptions to this article.

Conflict of interest.

A member shall not vote or participate in any deliberations regarding a matter before the BOA if the member has any personal financial interest in the property in question, whether such interest is direct, indirect, financial or otherwise. In any case where the question of a member’s interest is raised, the chair shall rule on whether the member shall be disqualified.

(Ordinance 07-09-18E, sec. 2.18, adopted 9/18/07)

§ 14.02.193 Limitations on authority of BOA.

The BOA may not grant a variance authorizing a use other than those permitted in the zone and classification for which the variance is sought, except as provided below.

The BOA shall have no power to grant or modify conditional use permits authorized under this article.

The BOA shall have no power to grant a zoning amendment. In the event that a written request for a zoning amendment is pending before the P&Z or the city council, the BOA shall neither hear nor grant any variances with respect to the subject property until final disposition of the zoning amendment application.

(d)

The BOA may grant a variance for any parcel of property or portion thereof upon which a site plan, construction plat, or final plat, where required, is pending on the agenda of the P&Z and, where applicable, by the city council. All administrative and procedural remedies available to the applicant shall have been exhausted prior to requesting a hearing by the board of adjustment.

(Ordinance 07-09-18E, sec. 2.19, adopted 9/18/07)

§ 14.02.194 Creation and terms of office.

The BOA shall consist of five (5) members, all of whom shall be residents and registered voters of the city.

Each year in December, the city council will appoint members to fill expiring terms as necessary and outlined in the city council rules of procedure policy. Additionally, each year in December, up to 5 alternate members may be appointed by the city council. An alternate member may serve in the event of absence or disqualification of a member. The chair of the board shall notify an alternate member or members if his/her/their attendance will be required.

Members' terms of office shall be staggered as follows: three (3) of the five (5) members on the board shall serve for a term of office of two (2) years beginning January 1st of even years, and the other two (2) members shall serve for a term of office of two (2) years beginning January 1st of odd years (those initial members appointed to serve in odd years shall have an initial term ending December 31, 2018). There shall be a limit of two consecutive terms that a person may serve as a board member. A partial term to which a person is appointed or elected shall not be counted as a full two-year term for the purposes of this article.

(d)

Any vacancy(ies) on the BOA shall be filled for the unexpired term via appointment by a simple majority vote of the city council for the remainder of the term. In any case of a tie vote, the city council would vote again, until the replacement member(s) is (are) selected.

(e)

A BOA member’s position is automatically considered vacant if the member is absent for:

Three (3) consecutive, regular meetings; or

Four (4) meetings (cumulative) during the preceding twelve (12) month period

Exceptions shall be granted if the member has first obtained a written leave of absence from the chair of the BOA and absences are due to unusual circumstances beyond the member’s control (such as sickness of the member or someone in the member’s immediate family).

(f)

Members of the BOA may be removed from office at any time by a simple majority vote of the full city council either upon its own motion or upon recommendation of a majority of the BOA.

(g)

The members of the BOA shall regularly attend meetings and public hearings of the BOA, shall serve without compensation, and shall not hold any other office within, or serve as an employee of, the city while serving on the BOA. The BOA shall meet a minimum of once per month, at least two (2) weeks prior to the scheduled city council meeting. If there have been no applications filed for review by the BOA, the development services director shall notify the chair and no meeting shall be required for that month.

(h)

The city council shall appoint a chair from among the membership of the BOA. The BOA shall elect from among its membership, a vice-chair. The BOA may elect from among its membership a secretary. Each officer shall hold office for one (1) year or until replaced. The BOA, at its first meeting each year shall select all the positions.

(i)

The BOA shall have the power to make rules, regulations and bylaws for its own governance, which shall conform to those set forth by the city council, and such rules, regulations and bylaws shall be subject to approval by the city council. Such rules and bylaws shall include, among other items, provisions for the following:

Regular and special meetings;

A record of its proceedings; and

(3)

Reporting to the city council.

(Ordinance 2017-05 adopted 2/21/17; Ordinance 2018-03 adopted 11/21/17; Ordinance 2020-12 adopted 2/18/20)

§ 14.02.195 Voting procedures.

The BOA will follow the parliamentary procedure adopted by the city council, such as Robert’s Rules of Order, Newly Revised, and procedures shall not be in conflict with the laws applicable to the BOA.

Quorum.

A quorum shall consist of four (4) members of the BOA. Motions shall carry with a simple majority vote; however, in no case shall less than three (3) votes in favor or against a motion constitute a majority.

Voting.

All BOA members, including the chair, shall be entitled to one vote each upon any question, a quorum being present. Voting procedures shall be in accordance with the parliamentary procedures adopted by the BOA.

(d)

Conflict of interest.

A member shall not vote or participate in any deliberations regarding a matter before the BOA if the member has any personal financial interest in, or any property within five hundred feet (500') of, the property in question, whether such interest is direct, indirect, financial or otherwise. A member may disqualify him/herself, and in any case where the question of a member’s interest is raised, the chair shall rule on whether the member shall be disqualified.

(Ordinance 2017-05 adopted 2/21/17; Ordinance 2021-36, sec. IV, adopted 9/21/21)

§ 14.02.196 Meetings.

The BOA shall meet at city hall or in some other specified location as may be designated by the presiding chair and coordinated through the development services department.