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)