(a) 
Authority.
This article is enacted pursuant to Texas Local Govt. Code section 211.008 et. seq.
(b) 
Creation.
There is hereby ratified and approved the creation of a board of adjustment, also known as the zoning board of adjustment, or ZBA, or in this article, the “board”; which shall be organized, appointed, and function as follows.
(c) 
Town council shall serve.
Pursuant to the authority granted in the Texas Local Government Code chapter 211, the town council and mayor shall serve as the board of adjustment unless and except the town council passes an ordinance to appoint five individuals not on the town council to serve as the board of adjustment pursuant to subsections (d) through (f) below. Otherwise the council shall serve, and their terms of office for town council and the board of adjustment shall be concurrent. If a separate board is authorized by council, the provisions below applicable to the separate board shall apply. If the town council serves as the ZBA, the councilmembers serve as the five members of the ZBA. The mayor presides as chairperson, and may vote as an alternate for an absent member, and may vote as an alternate member in the event of a tie vote. The council may appoint additional alternate members of the ZBA.
(d) 
Separate board (optional).
The board of adjustment shall consist of five members who are residents of the town or its extraterritorial jurisdiction, each to be appointed by the town council for a term of two years and removable for cause by the appointing authority upon written charges and after public hearing. The town council shall designate one member as chairman. Vacancies shall be filled for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment was made. Provided, however, that the town council may appoint two alternate members who shall serve in the absence of one or more of the regular members when requested to do so by the chairman.
(e) 
Terms.
The terms of three members shall expire in May of each odd-numbered year and the terms of two of the members shall expire in May of each even-numbered year. Members may be appointed to succeed themselves. Vacancies shall be filled for unexpired terms, but no shall be member shall be appointed for a term in excess of two years. Newly appointed members installed at the first meeting after their appointment.
(f) 
Organization.
The commission shall hold an organizational meeting in May of each year. The commission shall meet regularly and shall designate the time and place of its meetings. The commission shall adopt its own rules of procedure and keep a record of its proceedings consistent with the provisions of this article and the requirements of law.
(Ordinance 227-9-2010, sec. 1, adopted 9/13/10; Ordinance adopting Code; Ordinance 332-03-2020 adopted 3/9/20)
(a) 
Appeals based on error.
The board of adjustment shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by an administrative official of the town in the enforcement of this article.
(b) 
Limitation on reapplications.
When the board of adjustment has denied a proposal, no new applications of similar nature shall be accepted by the board or scheduled for 12 months after the date of denial. Applications which have been withdrawn at or before the board meeting may be resubmitted at any time for hearing before the board.
(Ordinance 227-9-2010, sec. 3, adopted 9/13/10; Ordinance 332-03-2020 adopted 3/9/20)
The concurring vote of four members (75% of the members) of the board of adjustment 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; or
(3) 
Authorize a variation from the terms of a zoning ordinance.
(Ordinance 227-9-2010, sec. 2, adopted 9/13/10; Ordinance 332-03-2020 adopted 3/9/20)
(a) 
The board of adjustment shall sit as a board of appeals in public hearings for purposes of the sign ordinance. In considering requests for variances from the requirements of the sign ordinance, the board of adjustment shall consider the following factors, including but not limited to:
(1) 
The degree of the requested variance;
(2) 
The reason for the requested variance;
(3) 
The location of the requested variance;
(4) 
The duration of the requested variance;
(5) 
The effect of the requested variance on public safety;
(6) 
The effect of the requested variance on the general plan for signage within the city;
(7) 
The protection of neighborhood property and property values; and
(8) 
The degree of hardship or injustice involved.
(b) 
The board of adjustment shall either: grant the requested variance, deny the requested variance, or grant a variance of a greater or lesser nature than the requested variance.
(Ordinance 332-03-2020 adopted 3/9/20)
(a) 
Procedure.
Appeals may be taken to and before the board of adjustment by any person aggrieved, or by any officer, department, board or bureau in the city. Such appeal shall be made by filing in the office of the town secretary a notice of appeal and specifying the grounds thereof. The office or department from which the appeal is taken shall forthwith transmit to the board all of the papers constituting the record from which the action appealed was taken.
(b) 
Stay of proceedings.
An appeal shall stay all proceedings in furtherance of the action appealed from unless the building inspector shall certify to the board of adjustment that, by reason of facts in the certificate, a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted or by a court of equity, after notice to the office from whom the appeal.
(c) 
Notice of hearing on appeal.
The board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of such hearing to the petitioner and to the owners of property lying within 200 feet of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the board to be affected thereby, such owners and persons being determined according to the current tax rolls of the city. Depositing of such written notice in the mail shall be deemed sufficient compliance therewith.
(d) 
Decision by board.
The board shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The board may reverse or affirm wholly or partly or may modify the order, requirements, decision, or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer or department from whom the appeal is taken.
(e) 
Variances.
The board of adjustment shall have the power to authorize upon appeal in specific cases such variance from the terms of this article as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this article will result in unnecessary hardship and so that the spirit of this article 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 hardships in the carrying out of the provisions due to an irregular shape of the lot or topographical or other conditions, provided such variance will not seriously 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 this article relating to the construction or alterations of buildings or structures will impose the strict and intent, serve as a upon him unusual and practical difficulties or particular hardship, such variances from application of the terms of this article as are in harmony with its own general purpose but only when the board is satisfied that granting of such variation will not merely convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance from the comprehensive plan as established by this article and at the same time, the surrounding property will be properly protected.
(3) 
The board of adjustment shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirements, decision or determination made by the building inspector in the enforcement of this article. Except as otherwise provided herein, the board shall have, in addition, the following specific powers:
(A) 
To permit the erection and use of a building or the use of premises for railroads if such uses are in general conformance with the master plan and present no conflict or nuisance to adjacent properties.
(B) 
To permit a public utility or public service or structure in any district, 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 public health, convenience, safety, or general welfare.
(C) 
To grant a permit for the extension of a use, height or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership on the effective date of this article.
(D) 
To permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than 90% of its fair market value, where the board finds some compelling necessity requiring a continuance of the nonconforming use.
(E) 
To waive or reduce the parking and loading requirements in any of the districts, when (i) the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities; or (ii) when such regulations would impose an unreasonable hardship upon the use of the lot. The town council shall not waive or reduce such requirements merely purpose of granting an advantage or a convenience.
(4) 
A written application for variance shall be submitted together with the required fee, accompanied by an accurate legal description, maps, site plans, drawings and any necessary data, demonstrating:
(A) 
That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district;
(B) 
That literal interpretation of the provisions of this article would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this article;
(C) 
That the special conditions and circumstances do not result from the actions of the applicant;
(D) 
That granting the variance requested will not confer on the applicant any special privilege that is denied by this article to other lands, structures or buildings in the same district; and
(E) 
No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.
(f) 
Changes.
(1) 
The board of adjustment shall have no authority to change any provisions of this article and its jurisdiction is limited to hardship and borderline cases which may arise from time to time. The board may not change the district designation of any land either to a more or less restrictive zone.
(2) 
It is the intent of this article that all questions of interpretation and enforcement shall be first presented to the administrative official, that such questions shall be presented to the board of adjustment only on appeal from the decision of the building official and that recourse from the decisions of the board of adjustment shall be to the courts as provided by the laws of the state.
(Ordinance 227-9-2010, sec. 4, adopted 9/13/10; Ordinance 332-03-2020 adopted 3/9/20)