There is hereby established a board to be called the board of adjustment and appeals, which shall consist of five members. The board shall be appointed by the city council.
(1991 Code, sec. 2-151; Ordinance 92-454, sec. 1, adopted 3/25/92; Ordinance 93-469, sec. 1, adopted 8/12/93; 2007 Code, sec. 2-174)
(a) 
Membership.
The board of adjustment and appeals shall consist of five members. A board member shall not act in a case in which the member has a personal or financial interest.
(b) 
Terms; vacancies; absence from meetings.
The terms of office of the board members shall be staggered so no more than one of the members is appointed or replaced in any 12-month period. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Continued absence of any member from required meetings of the board shall, at the discretion of the city council, render any such member subject to immediate removal from office.
(c) 
Quorum and voting.
A simple majority of the board shall constitute a quorum. In recommending a variance of any provision of the city technical codes and/or city ordinances or in recommending a modification of any decision of the same, a majority vote is required.
(d) 
Secretary.
The city secretary or designee shall act as secretary of the board and shall make a detailed record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member and any failure of a member to vote.
(e) 
Powers.
The board of adjustment and appeals shall have the power to hear appeals of decisions and interpretations relating to the city technical codes and/or city ordinances and to consider variances of the same. The board shall recommend appropriate action to the city council.
(1991 Code, sec. 2-152; Ordinance 92-454, sec. 2, adopted 3/25/92; Ordinance 93-469, sec. 2, adopted 8/12/93; 2007 Code, sec. 2-175)
(a) 
Right of appeal.
The owner of a building, structure, service system, vacant lot or undeveloped property, or his duly authorized agent, may appeal a decision relating to the city technical codes or city ordinances to the board of adjustment and appeals.
(b) 
Variances authorized.
The board of adjustment and appeals, when so appealed to and after a hearing, may recommend to the city council that the city vary the application of any of the provisions of the city technical codes and/or city ordinances when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this code or the technical codes and/or city ordinances or public interest.
(c) 
Conditions of variance.
In recommending the granting of a variance to the city council, the board may prescribe a reasonable time limit within which the action for which the variance is requested shall be commenced or completed or both. In addition, the board may recommend appropriate conditions and safeguards in conformity with the city technical codes and/or city ordinances. Violations of the conditions of a variance shall be deemed a violation of the same.
(d) 
Notice of appeal.
Notice of appeal of the city technical codes and/or city ordinances shall be in writing and filed with the city manager or designee.
(e) 
Unsafe, unsanitary or dangerous conditions.
In case of an unsafe, unsanitary or dangerous building, structure, service system, vacant lot or undeveloped property, the city manager may limit the time for such appeals to be a shorter period.
(1991 Code, sec. 2-153; Ordinance 92-454, sec. 3, adopted 3/25/92; 2007 Code, sec. 2-176; Ordinance adopting 2022 Code)
(a) 
Rules and regulations.
The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of the city technical codes and/or city ordinances. The board shall meet within 30 calendar days after notice of appeal has been received. Board meetings shall comply with the provisions of V.T.C.A., Government Code chapter 551, the Texas Open Meetings Act.
(b) 
Decisions.
The board of adjustment and appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. The board shall immediately notify the city council of the decision and recommend appropriate action. If the recommendation of the board and the decision of the city council reverse or modify a decision relating to the city technical codes and/or city ordinances or vary the application of any provision of the same, immediate action shall be taken in accordance with such decision. Every decision shall be promptly filed in writing in the office of the city manager or designee and shall be open to public inspection. A certified copy of the decision shall be sent certified mail to the appellant. The decision of the city council shall be final, subject, however, to such remedy as any aggrieved party might have at law or in equity.
(1991 Code, sec. 2-154; Ordinance 92-454, sec. 4, adopted 3/25/92; 2007 Code, sec. 2-177; Ordinance adopting 2022 Code)