The word “board” when used in this article shall
be construed to mean the board of adjustment and the “administration
official” shall mean the building inspector and/or the building
official of the town.
(Ordinance 05-21, sec. 2, adopted 6/6/05)
(a)
Establishment.
A board of adjustment is hereby reestablished in accordance
with the provisions of Article 211.008, Local Government Code, regarding
the zoning of cities and with the powers and duties as provided in
said code.
(b)
Membership.
The board shall consist of five citizens, each to be appointed
or reappointed by the town council for staggered terms of two years.
Each member of the board shall be removable for cause by the town
council upon written charges and after a public hearing. Vacancies
shall be filled by the town council for the unexpired term of any
member whose office becomes vacant. Each year after the appointment
of new members to the board, the board shall elect from among its
regular members a chairman and a vice chairman who will act in the
absence of the chairman. The town council may appoint six (6) alternate
members of the board who shall serve in the absence of one or more
regular members when requested to do so by the mayor or chairman.
An alternate member serves for the same period as a regular member
and is subject to removal in the same manner as a regular member.
A vacancy among the alternate members is filled in the same manner
as a vacancy among the regular members.
(c)
Rules
and Regulations.
The board shall adopt rules in accordance
with this article and the comprehensive zoning ordinance and keep
minutes of its proceedings that indicate the vote of each member on
each question or the fact that a member is absent or fails to vote.
The board shall keep records of its examinations and other official
actions. The minutes and records shall be filed in the board’s
office and are public records and all meetings shall be open to the
public.
(d)
Meeting.
Meetings of the board shall be held at the call of the chairman
and at such other times as determined by the board. The chairman or
acting chairman may administer oaths and compel the attendance of
witnesses.
(e)
Each
case before the board must be heard by at least four members.
(Ordinance 05-21, sec. 2, adopted 6/6/05; Ordinance 16-12, sec. 2, adopted 10/3/16)
The board of adjustment has the following authority:
(1)
To hear
and decide an appeal that alleges error in an order, requirement,
decision, or determination made by an administrative official in the
enforcement of the comprehensive zoning ordinance. In exercising the
authority under this subsection, the board 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.
(2)
To hear
and decide special exceptions to the terms of the comprehensive zoning
ordinance when the ordinance requires the board to do so. In this
regard, the board may grant only special exceptions that are authorized
to be granted by the terms of the ordinance.
(3)
To authorize
in specific cases a variance from the terms of the comprehensive zoning
ordinance if the variance is not contrary to the public interest and,
due to special conditions, a literal enforcement of the ordinance
would result in unnecessary hardship, and so that the spirit of the
ordinance is observed and substantial justice is done.
(4)
To hear
and decide other matters authorized by an ordinance of the town.
(5)
To subpoena
witnesses, administer oaths, and may require the production of documents.
(Ordinance 05-21, sec. 3, adopted 6/6/05)
The concurring vote of four members of the board is necessary
to:
(1)
Reverse
an order, requirement, decision, or determination of an administrative
official.
(2)
Decide
in favor of an applicant on a matter on which the board is required
to pass under a zoning ordinance.
(3)
Authorize
a variation from the terms of a zoning ordinance.
(Ordinance 05-21, sec. 3, adopted 6/6/05)
(b)
The appellant
must file with the board and the official from whom the appeal is
taken a notice of appeal specifying the grounds for the appeal. The
appeal must be filed within a reasonable time as determined by the
rules of the board. On receiving the notice, the official from whom
the appeal is taken shall immediately transmit to the board all the
papers constituting the record of the action that is appealed.
(c)
An appeal
stays all proceedings in furtherance of the action that is appealed
unless the official from whom the appeal is taken certifies in writing
to the board facts supporting the official’s opinion that a
stay would cause imminent peril to life or property. In that case,
the proceedings may be stayed only by a restraining order granted
by the board or a court of record on application, after notice to
the official, if due cause is shown.
(d)
The board
shall set a reasonable time for the appeal hearing and shall give
public notice of the hearing and due notice to the parties in interest.
A party may appear at the appeal hearing in person or by agent or
attorney. The board shall decide the appeal within a reasonable time.
(Ordinance 05-21, sec. 2, adopted 6/6/05)
