(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)