There is hereby created a board of adjustment. The board of adjustment shall act in a quasi-judicial capacity. The composition and activities of the board shall be in accordance with Tex. Loc. Gov’t Code chapter 211, as amended. The board shall be composed of five regular members, and two alternate members, all of whom shall be residents of the city, nominated by the mayor and confirmed by the city council. Alternate members shall serve in the absence of regular board members. Each appointed member of the board shall hold that office for a period of two years or until his/her successor takes office. The members of the board shall be appointed solely with reference to their fitness and without reference to party affiliation, and shall serve without compensation. Members may be removed by the city council only for inefficiency, neglect of duty, or malfeasance in office. Vacancies occurring other than through the expiration of terms shall be filled only for the unexpired term by the mayor with confirmation by the city council.
(1999 Code, sec. 153.140)
The board of adjustment shall elect a chairperson and an associate chairperson and may create and fill other offices as may be deemed necessary. The term of the chairperson and associate chairperson shall be for one year with eligibility for reelection.
(1999 Code, sec. 153.141)
The board of adjustment shall hold meetings as necessitated by requests for rulings on ordinance interpretation and variances. Said meeting shall be open to the public.
(1999 Code, sec. 153.142)
The board shall adopt rules of operation and shall keep a record of its resolutions, transactions, findings and determinations, which shall become items of public record.
(1999 Code, sec. 153.143)
Any of the following persons may appeal to the board of adjustments a decision made by the code enforcement officer: a person aggrieved by the decision; or any officer, department, board or bureau of the city. An appeal stays all proceedings in furtherance of the action that is appealed unless the code enforcement officer certifies in writing to the board facts supporting the officer’s opinion that a stay would cause imminent peril to life or property. In such case, the proceedings may be stayed only by a restraining order granted by the board or a court of record. Fees for appeal to the board of adjustments by a person aggrieved by the decision of the code enforcement official are located in appendix B of this code in the code compliance fee schedule in section B14.02.052.
(Ordinance 671 adopted 6/24/19)
Four members of the board of adjustment shall be required for the transaction of business.
(1999 Code, sec. 153.145)
(a) 
Variances.
The board shall be authorized to grant variances from the terms of this article if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in an unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done.
(b) 
Scheduled dates and notification on variance applications.
Upon receipt of a complete application for a variance, the board shall set a date for a hearing on said application before the board of adjustment. Not less than ten days before said hearing, written notice of the hearing with a copy of the application shall be sent to all owners of real property, as indicated on the most recently approved municipal tax roll, located within 100 feet of the property to be subject to the variance. The notice may be served by its deposit in the United States mail, properly addressed with postage paid.
(c) 
Building permit.
Variance applicants shall apply for and obtain a building permit for the requested variance within six months of approval by the board of adjustment. Variances shall become null and void upon the owner’s failure to obtain the building permit within the six-month period and the property shall return to its prior zoning status.
(1999 Code, sec. 153.146)
In exercising its authority the board may reverse or affirm, in whole or in part, or modify the code enforcement officer’s decision pertaining to this article. A concurring vote of four members of the board shall be necessary to: reverse an order, requirement, decision, or determination of the code enforcement officer; decide in favor or an applicant on a matter on which the board is required to pass under this article; or authorize a variance.
(1999 Code, sec. 153.147)
As a part of the city’s regular budgetary process the city council shall provide funds for the necessary and appropriate expenses of the board of adjustment. A public accounting of the board’s expenditures for the preceding year shall be provided in the board’s annual report. The board may recommend to the city council the employment of professionals such as engineers, architects, landscape architects, urban planners, and other individuals to assist in the performance of the board of adjustment’s duties.
(1999 Code, sec. 153.148)
On or before the first day of September of each year, the board of adjustment shall produce and disseminate to the city council and the citizens of the city, a report on the activities of the board during the past year. Said report shall include, but shall not be limited to the following: the number, nature, location, and record of approvals/denials of requests for zoning ordinance text and map interpretations; the number, nature, location, and record of approvals/denials of requests for variances; any activities associated with amortization.
(1999 Code, sec. 153.149)
It shall be unlawful for the board of adjustment to accept or act on a request for a variance which would allow a land use activity in a zoning district where it is specifically excluded by the terms of this article.
(1999 Code, sec. 153.150)