(a)
This division creates the zoning
board of adjustment and appeals (“board”) appointed by
the city council. The board shall consist of five (5) members and
two (2) alternate members. All of the members and alternate members
shall be residents of the city at the time they are appointed and
during their term in office.
(b)
Members and alternate members shall
serve two-year staggered terms with four (4) members being appointed
in April of even-numbered years and three (3) members being appointed
in April of odd-numbered years.
(c)
The initial board shall consist of
three (3) regular members appointed to two-year terms and two (2)
regular members appointed to a one-year term; and one alternate member
appointed to a two-year term and an alternate member appointed to
a one-year term. After the initial one-year terms have expired, all
members, both regular and alternate, shall be appointed to two-year
terms.
(d)
When there will be an absence of
one or more members at a scheduled board meeting, alternate members
may serve when requested to do so by the city manager or his/her designee.
(e)
Members and alternate members may
only be removed for cause as found by the city council, on a written
charge after a public hearing.
(Ordinance 2013-21, sec. 1, adopted 8/20/13; Ordinance 2016-20, sec. 2, adopted 10/11/16)
(a)
When appointing members, the city
council shall make every reasonable and practical attempt to appoint
board members and alternate board members from different geographical
locations within the corporate limits of the city and from different
interest groups. The council shall avoid appointing a board that has
a concentration of members from the same or similar economic, business,
racial or vocational interests, but instead shall endeavor to the
extent reasonably practical to diversify the membership of the board
to the end that the entire community is represented thereon.
(b)
If a city resident member of the
board ceases to reside in the city and his or her relocation reduces
the number of city residents, that person shall give notice of such
fact and may be deemed to have resigned, upon approval by the city
council, from the board as of the date his or her residence changed,
and, if approved by council, the city council shall appoint a resident
board member to fill the remainder of the resigning member’s
term. A quorum of the board shall be required to open meetings, conduct
business and take action on any agenda items.
(c)
The city council may take into consideration
an applicant’s history on delinquency in payment of any city
taxes, utility bills, citations, municipal court judgments and assessments
and so forth in qualifying the applicant.
(d)
Notwithstanding any city ad hoc committees
or except where duplicate appointments are authorized by ordinance,
city charter or by state law, a person may not serve as a member of
the zoning board of adjustment and appeals if he or she is also serving
on the economic development corporation board of directors or local
government corporation.
(Ordinance 2013-21, sec. 1, adopted 8/20/13; Ordinance 2018-05, sec. 2, adopted 4/3/18)
(a)
All cases before the board must be
heard by at least 75% of the members. The concurring vote of 75% of
the 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
or issue; or
(3)
Authorize a variation from the terms
of a zoning ordinance or issue.
In all other cases, a simple majority
of the members present at an official meeting is necessary to approve
a matter.
(b)
The board shall have a chairperson
and a vice-chairperson elected from its membership to serve for a
one-year term. Officers shall be elected annually by the board.
(c)
The chairperson shall preside over
the board and shall have the right to vote on all items before the
board. The vice-chairperson shall fulfill the duties of the chairperson
when the chairperson is not available for any reason.
(d)
The city manager or his or her designee
shall be an ex officio member of the board.
(e)
The board, by majority vote, may
adopt rules or bylaws in accordance with this division and the requirements
of the Local Government Code as necessary for the orderly conduct
of its business, subject to approval by the city council.
(f)
The board shall meet upon the call
of the presiding officer and at other times as determined by the board
rules. The presiding officer or acting presiding officer may administer
oaths and compel attendance of witnesses. All meetings of the board
shall comply with the Texas Open Meetings Act.
(g)
The board shall keep minutes of its
proceedings and indicate the vote of each member on each question
or the fact that a member is absent or abstains. The board shall keep
records of its examinations and other official actions. The minutes
and records shall be filed with the city secretary and its records
are public records.
(h)
A board member shall be required
to complete any state-mandated training, to include but not limited
to Open Meetings Act training, within ninety (90) days after appointment.
Any training expenses incurred by the member may be eligible for reimbursement
by the city subject to the city’s travel and training policy.
(i)
A board member having any potential conflict of interest on any policy, decision, or determination before the board shall disclose to each of the other members the nature of his potential conflict and shall abstain from voting on such policy, decision or determination. In the event that the board member recognizes a conflict or clear potential for conflict of interest, he or she shall recuse him or herself from discussion and action on the topic involving such conflict. The disclosure shall be recorded in the board’s minutes. Intentional or knowing failure to disclose a conflict of interest shall be governed under the general penalty section as set forth in section 1.01.009 of this code.
(j)
When there will be an absence of
one or more members at a scheduled board meeting, alternate members
may serve when requested to do so by the mayor, city manager or his
or her designee, or presiding officer or acting presiding officer.
(Ordinance 2013-21, sec. 1, adopted 8/20/13; Ordinance 2018-05, sec. 2, adopted 4/3/18)
The board shall have the following
powers and duties:
(1)
To hear and decide appeals where
the applicant alleges that there is an error in any order, requirement,
decision or determination made by city staff or the city council in
the enforcement of the city’s zoning regulations and ordinances;
(2)
To hear and decide requests for special
exceptions to the city’s zoning regulations and ordinances;
(3)
To hear and decide judicial variances;
and
(4)
To decide such other matters as may
be assigned by the city council from time to time.
(Ordinance 2013-21, sec. 1, adopted 8/20/13; Ordinance 2018-05, sec. 2, adopted 4/3/18)
(a)
Any of the following persons may
appeal to the board a decision made by an administrative official:
(b)
Appeal of a board decision.
Appeal of any decision of the board
shall be taken to a state court of competent jurisdiction by filing
a verified petition stating that the decision of the board is illegal
in whole or in part and specifying the grounds of the illegality.
The petition must be filed within ten (10) days after the date that
the board’s decision is filed with the city clerk.
(Ordinance 2013-21, sec. 1, adopted 8/20/13; Ordinance 2018-05, sec. 2, adopted 4/3/18)
