[There] is hereby created and established a Board of Adjustment which shall be organized and have all the powers and authority as set forth in the Charter of the City of Wichita Falls, Texas, and Texas Local Government Code sec. 212.001 et seq., or as the same is hereafter amended.
The Board of Adjustment shall consist of five members who shall be residents of the city. The city council shall also appoint one ex-officio, non-voting member. The ex-officio member of the board does not have to be a resident of the city and shall be nominated by the military installation, Commander of the 82nd Training Wing. The board members shall be appointed by the city council. The terms of such members shall be for a period of two years; however, the terms shall be so staggered commencing on December 31 so that not more than three will be appointed during any one calendar year. The length of service of any member of the Board of Adjustment shall not be for more than six consecutive years; however, a member may be reappointed after an absence of two years. The city council shall nominate one of the voting members as chairperson, and the chairperson shall appoint one of the remaining voting members vice-chairperson, both of which shall not serve more than a two-year term. The city council also shall appoint four alternate members who shall serve in the absence of one or more of the regular voting members. All appointees shall serve without compensation and may not hold an elective office of the state or political subdivision thereof.
(Ordinance 02-2016, sec. 2, adopted 1/5/16, eff. adopted 2/5/16)
Members of the Board of Adjustment may be removed by the city council upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant for any cause.
For the purpose of transacting any business, four voting members of the Board of Adjustment shall constitute a quorum and actions of the board shall be approved by a majority vote; except that a concurring vote of four voting members of the board shall be required to make a favorable determination for an application on any matter upon which it is required to pass under this ordinance or to effect any variation in this ordinance.
(Ordinance 02-2016, sec. 3, adopted 1/5/16, eff. adopted 2/5/16)
The Board of Adjustment shall adopt its own rules of order and procedure to regulate both the actual meeting of the board and the activities directly related, thereto. The rules shall deal only with procedural matters and shall be available to the public and kept on file in the Community Development Department.
The Board of Adjustment shall have the power and it shall be its duty:
A. 
Administrative appeal.
To hear and decide appeals, where it is alleged there is an error in any order, requirement, decision, or determination made by any administrative official of the city in the enforcement of this ordinance. The concurring vote of four members of the board shall be necessary to reverse any such order, requirement, decision, or determination; or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance; or to effect any variation in the ordinance.
B. 
Variance.
To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship and the granting of the variance would provide substantial justice conforming with the spirit and intent hereof.
The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question or if absent of failing to vote indicating such fact, and shall keep a record of its examination and other official actions, all of which shall be filed in the office of the Community Development Department and shall be a public record.