A board of adjustment is hereby established
in accordance with Local Government Code section 211.008 et seq. of
the state.
(Ordinance 2018-07-16-07 adopted 7/16/18)
(a)
The board shall be composed of seven
(7) members and two (2) alternates who shall serve in the absence
of one or more regular members when requested to do so by the chair.
(b)
The board is composed of one member
appointed by the mayor, and one member appointed by each city councilmember.
The alternates shall be appointed by the mayor and the mayor pro tem.
(c)
Eligibility for membership on the
commission is as specified in the charter.
(d)
The mayor in consultation with the
council liaison for this commission shall designate a member to serve
in the capacity of chair.
(Ordinance 2022-02-22-02 adopted 2/22/22)
The board of adjustment shall have
the following powers:
(1)
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 or a commission
in the enforcement of this, or other ordinances of the city, which
specifically delegate that authority to the board of adjustment.
(2)
To authorize upon appeal in specific
cases such variance from the terms of an ordinance as will not be
contrary to the public interest, where, owing to special conditions,
a literal enforcement of the provisions of the ordinance will result
in unnecessary hardship, and so that the spirit of the ordinance shall
be observed and substantial justice done.
(3)
To bring about the discontinuance
of a nonconforming use or noncomplying structure upon direction of
city council. In determining a termination date for nonconforming
uses and structure, the board shall set such a date so as to provide
the owner with a reasonable opportunity to recoup or recover the owner’s
investment in the nonconforming use or structure, taking into account
the actual dollars invested, the investment recouped, the life expectancy
of the use or structure, any contingencies which are particular to
the use or structure, the expected salvage value, amount recouped
through depreciation as allowed by the Internal Revenue Service, necessary
demolition and clearing costs, and all other relevant information.
(Ordinance 2018-07-16-07 adopted 7/16/18)
The board of adjustment shall adopt
rules in accordance with the provisions of this chapter. Meetings
of the board of adjustment shall be held at the call of the chairman
and at such other times as the board may determine. Such chairman,
or in the chairman’s absence the acting chairman, may administer
oaths and compel the attendance of witnesses. All meetings of the
board shall be open to the public. The board shall keep minutes of
its proceedings, showing the vote of each member upon each question,
or, if absent or failing to vote, indicating such fact, and shall
keep records of its examinations and other official actions, all of
which shall be immediately filed in the office of the board and shall
be a public record.
(Ordinance 2018-07-16-07 adopted 7/16/18)
Board of adjustment members shall
serve for a term of two (2) years. Vacancies shall be filled by the
city council for the remainder of the unexpired term of any member
whose term becomes vacant.
(Ordinance 2018-07-16-07 adopted 7/16/18)
The board of adjustment shall fix
a reasonable time for the hearing of the appeal, give public notice
thereof, as well as due notice to the parties in interest, and decide
the same within a reasonable time. Upon the hearing any party may
appear in person or by agent or by attorney.
(Ordinance 2018-07-16-07 adopted 7/16/18)
All cases to be heard by the board
of adjustment will always be heard by a minimum of six (6) members.
(Ordinance 2018-07-16-07 adopted 7/16/18)
A board member shall be removable
for cause by the city council upon written charges and after public
hearing.
(Ordinance 2018-07-16-07 adopted 7/16/18)
Appeals to the board of adjustment
may be taken by any person aggrieved or by any officer, department,
board, or bureau of the municipality affected by any decision of an
administrative officer or commission as provided for by other city
ordinances. Such appeal shall be taken within 30 days from the date
the decision was made as provided by the rules of the board, by filing
with the officer or commission from whom the appeal is taken and with
the board of adjustment a notice of appeal specifying the grounds
thereof. The officer or commission from whom the appeal is taken shall
forthwith transmit to the board all the papers constituting the record
upon which the action appealed from was taken.
(Ordinance 2018-07-16-07 adopted 7/16/18)
An appeal stays all proceedings in
furtherance of the action appealed from, unless the officer from whom
the appeal is taken certifies to the board of adjustment, after the
notice of appeal shall have been filed with the officer him, that
by reason of facts stated in the certificate a stay would, in the
officer’s opinion, cause imminent peril to life or property.
In such case proceedings shall not be stayed otherwise than by a restraining
order which may be granted by the board of adjustment or by a court
of record on application on notice to the officer from whom the appeal
is taken and on due cause shown.
(Ordinance 2018-07-16-07 adopted 7/16/18)
In exercising the above-mentioned
powers, the board of adjustment may reverse or affirm wholly or partly,
or may modify the order, requirement, decision or determination appealed
from and make such order, requirement, decision or determination as
ought to be made, and to that end shall have all the powers of the
officer or commission from whom the appeal is taken.
(Ordinance 2018-07-16-07 adopted 7/16/18)
The concurring vote of six (6) members
of the board of adjustment shall be necessary to reverse any order,
requirement, decision or determination of any such administrative
official or commission, or to decide in favor of the applicant on
any matter upon which it is required to pass under this chapter, or
to effect any variation in this chapter.
(Ordinance 2018-07-16-07 adopted 7/16/18)
