There is hereby created a board of adjustment consisting of five members, each to be appointed by the mayor, subject to approval by a majority of the city commission, for a term of two years and removable for cause by the appointing authority. Vacancies shall be filled by the appointment by the mayor of a suitable person to serve out the unexpired term of any member whose place on the board has become vacant for any cause.
(Ordinance 443, sec. XV(1), adopted 11/16/59; 2008 Code, sec. 98-31)
The board of adjustment is hereby vested with power and authority, in appropriate cases and subject to appropriate conditions and safeguards, to make such exemptions to the terms of this chapter in harmony with its general purpose and intent and in accordance with general or special rules therein contained for the purpose of rendering full justice and equity to the general public.
(Ordinance 443, sec. XV(2), adopted 11/16/59; 2008 Code, sec. 98-32)
The board of adjustment may adopt rules to govern its proceedings, provided that such rules are not inconsistent with this chapter. Meetings of the board shall be held at the call of the chair and at such other times as the board may determine. The chair, or in his absence the acting chair, 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, and 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 443, sec. XV(3), adopted 11/16/59; 2008 Code, sec. 98-33)
(a) 
Appeals to the board of adjustment can be taken by any person aggrieved or by any officer, board or department of the city affected by any decision of the administrative officer. Such appeal shall be taken within 15 days’ time after the decision has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer 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.
(b) 
An appeal shall stay all proceedings 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 him, that, by reason of facts stated in the certificate, a stay would, in his 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.
(c) 
The board of adjustment shall meet as required, provided there is a request for an appeal.
(d) 
The public shall be given ten days’ notice through two advertisements a week apart in a local newspaper. The day of the appearance of the first advertisement is not to be included within the ten-day period.
(e) 
The person requesting a hearing shall, at the time of making such request, pay to the building official a fee to cover the actual cost of advertising and mailing.
(f) 
Due notice shall be given to the parties in interest and a decision on the appeal shall be rendered within a reasonable length of time. Upon the hearing, any party may appear in person or by attorney or by agent.
(Ordinance 443, sec. XV(4), adopted 11/16/59; 2008 Code, sec. 98-34)
(a) 
The board of adjustment shall have the following powers:
(1) 
Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter.
(2) 
Hear and decide special exceptions to the terms of the chapter upon which the board is required to pass under this chapter.
(3) 
Authorize upon appeal, in special cases, such variances from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provisions of the chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done.
(b) 
In exercising its powers, the board may, in conformity with the provisions of V.T.C.A., Local Government Code sections 211.001 and 211.013, revise or reform, 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 shall have all the powers of the officer from whom the appeal is taken.
(Ordinance 443, sec. XV(5), adopted 11/16/59; 2008 Code, sec. 98-35)
The concurring vote of four members of the board of adjustment shall be necessary to revise any order, requirement, decision or determination of the administrative official, 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 variance from this chapter.
(Ordinance 443, sec. XV(6), adopted 11/16/59; 2008 Code, sec. 98-36)
Any person or persons jointly or severally aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, or board of the city, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the board and not thereafter.
(Ordinance 443, sec. XV(7), adopted 11/16/59; 2008 Code, sec. 98-37)
Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building actually under construction at the time of passage of the ordinance from which this chapter is derived and which entire building shall be complete within one year from such date of passage. Nothing contained in this chapter shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and which entire building shall be complete within six months from the date of passage of the ordinance from which this chapter is derived. If any amendment to this chapter is hereafter adopted changing the boundaries of districts, the provisions of this article shall apply.
(Ordinance 443, sec. XV(8), adopted 11/16/59; 2008 Code, sec. 98-38)
When in its judgment the public convenience and welfare will not be substantially or permanently injured, the board of adjustment may, in a specific case, after public notice and a public hearing, authorize special exceptions to this chapter as follows:
(1) 
Permit the location of a state or municipal building, aviation field, public utility plant, athletic field, or philanthropic institution in any use district.
(2) 
Permit the reconstruction of a building occupied as a nonconforming use, or permit the extension of a nonconforming use of a building upon a lot occupied as a nonconforming use.
(3) 
Permit in any district such modification of the requirements of this chapter as such board of adjustment may deem necessary to secure an appropriate development of a lot where adjacent to such lot on two or more sides there are buildings that do not conform to this chapter.
(4) 
Permit such modification of the yard, lot area or lot width regulations as may be necessary to secure an appropriate improvement of the lot where such lot was separately owned at the time of passage of the ordinance from which this chapter is derived and is not adjacent to another lot of the same ownership, and where such lot is of such size that it cannot be improved without such modifications.
(Ordinance 443, sec. XV(9), adopted 11/16/59; 2008 Code, sec. 98-39)