(a) 
A board of adjustments and appeals is hereby established.
(b) 
The word “board” when used in this division shall mean the board of adjustments and appeals.
(c) 
The city council created a board of adjustments and appeals on April 6, 2000, by Ordinance 2000-O-178, making the members of the city council also the members of the board of adjustments and appeals. On August 7, 2003, the city council amended the ordinance to create a separate board.
(d) 
The board shall sit as the board of appeals provided for in the city’s building codes, and the provisions of this division governing membership, member qualifications, alternate members, notice of board meetings, postponed hearing, and board decisions, shall replace and control in the event of a conflict with such provisions governing the board of appeals set forth in the building codes.
(Ordinance 2014-O-461 adopted 2/13/14)
(a) 
Regular membership.
The board shall consist of five regular members and two alternate members, appointed as follows: Each member of the city council will nominate one member and the mayor will nominate two alternate members, each to be appointed or reappointed in conjunction with the term of office for the individual councilmember or mayor who appoints him/her. The member shall be appointed by a majority vote of the city council. Each member of the board shall be removed upon the appointment of their replacement when the city council member who nominated him/her leaves the city council.
(b) 
Organization; election of officers.
The board shall hold an organizational meeting in January of each year, or as soon as practicable. The board shall elect a secretary and such other officers as it deems necessary either from its membership or from staff representatives assigned by the city administrator to work with the board.
(Ordinance 2014-O-461 adopted 2/13/14)
(a) 
Meetings of the board shall be held at the call of the chair and at such other times as the board may determine. A quorum shall consist of three members for cases heard under articles 3.02, 3.03, 3.06, or 3.09. A quorum shall consist of four members for cases heard under article 14.02 or chapter 211, Tex. Loc. Gov’t Code. The board chair shall only vote in the event of a tie vote.
(b) 
The hearings of the board shall be posted as provided in chapter 551, Tex. Gov’t. Code, and shall be public, provided that upon the advice and consent of the city attorney the board may go into executive session pursuant to chapter 551, Tex. Gov’t. Code.
(Ordinance 2014-O-461 adopted 2/13/14)
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 such minutes shall be immediately filed in the office of the board and shall be a public record. The board shall act by resolution in which four members must concur for cases heard under article 14.02 or chapter 211, Tex. Loc. Gov’t Code. In all other matters, the board shall act by majority vote of those members present and voting. The board shall adopt rules in accordance and consistent with this division as necessary and required. A copy of any such rules shall be furnished. All rules and regulations shall operate uniformly in all cases and all resolutions and orders shall be in accordance therewith.
(Ordinance 2014-O-461 adopted 2/13/14)
(a) 
Procedure.
Any person aggrieved by a decision of an administrative officer in the enforcement of chapter 211, Tex. Loc. Gov’t. Code, or article 3.02, article 3.06, article 3.09, or article 14.02 of this code, or any officer, department, board or bureau of the city affected by any such decision by an administrative officer, may appeal such decision to the board. Such appeal shall be made by filing with the office of the board, and the officer whose action is being appealed, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from is taken.
(b) 
Stay of proceedings.
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer whose decision is appealed shall certify to the board that, by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed other than by a restraining order granted for just cause by the board, or by a court of record, on application and after notice to the officer from whom the appeal is taken.
(c) 
Notice of hearing.
The board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall give public notice of the hearing and due notice to the parties in interest.
(d) 
Decision.
The board shall decide appeals within a reasonable time. Any party to the appeal may appear in person or by agent or attorney at any hearing. The board may, upon the concurring vote of four (4) members (in the case of appeals brought under article 14.02 or chapter 211, Tex. Loc. Gov’t Code), or upon a majority concurring vote of those members present and voting (in the case of appeals brought under article 3.02, article 3.06, or article 3.09), reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement or decision, or determination on the matter appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made, and to that end shall have all powers of the officer or department from whom the appeal is taken.
(e) 
Deadline for filing.
Unless otherwise specified in this code, the deadline for filing an appeal shall be twenty days from the date of the administrative officer’s decision.
(f) 
Findings to be filed in the county records.
Using the form provided by the city attorney, the approved variance results for each case shall be filed in the deed records of the county.
(Ordinance 2014-O-461 adopted 2/13/14)
(a) 
Appeals.
The board shall have the power to 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 chapter 211, Tex. Loc. Gov’t. Code, or article 3.02, article 3.06, article 3.09, or article 14.02 of this code, or as otherwise authorized by the city council.
(b) 
Special exceptions.
The board shall have the power to hear and decide special exceptions to the terms of the zoning ordinance when the zoning ordinance requires the board to do so. Such special exceptions shall be as follows:
(1) 
To permit a public utility or public service use or structure in any district as necessary to house equipment, pumps, switching gear, and similar devices only, required for the provision of the utility service or a public utility or public service building, of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the provision of utility service and the public health, convenience, safety or general welfare.
(2) 
Authorize a special exception from the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, and where the topography or unusual shape of the lot and regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
(c) 
Variances.
The board shall have the power to authorize upon appeal in specific cases such variance from the terms of the zoning ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the zoning ordinance will result in unnecessary hardship, and so that the spirit of the zoning ordinance shall be observed and substantial justice done, including the following:
(1) 
Permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardship in the carrying out of these provisions due to an irregular shape of the lot, topography or other conditions; provided that such variance will not significantly affect any adjoining property or the general welfare.
(2) 
Authorize upon appeal, whenever a property owner can show that a strict application of the terms of the zoning ordinance relating to the construction or alterations of a building or structure or the use of land will impose unusual and practical difficulties or particular hardship, such variances from the strict application of the terms of the zoning ordinance as are in harmony with its general purpose and intent, but only when the board is satisfied that a granting of such variance will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance as established by the zoning ordinance, and, at the same time, the surrounding property will be properly protected; provided that the board shall not in any event permit a use on any property that is not permitted within the zoning category for which such property is zoned.
(d) 
Limitation.
The board shall have no authority to change or amend any provision of this code and its jurisdiction is limited to hardship and borderline cases which may arise from time to time.
(Ordinance 2014-O-461 adopted 2/13/14)