(a) 
Creation.
There is hereby created a zoning board of adjustment to be composed of five (5) regular members and four (4) alternate members who shall be qualified electors of the city and be appointed by city council. It is the declared policy of the city council that it will consider and appoint only those persons who have demonstrated their civic interest, general knowledge of the community, independent judgment, and availability to prepare for and attend meetings.
(b) 
Terms of office.
The members shall serve for a period of two (2) years or until their successors are duly appointed and qualified. The regular members of the board shall be identified by place numbers one (1) through nine (9). The members and alternate members of the board in the even-numbered places shall be appointed to serve terms in the even-numbered years and the members in the odd-numbered places shall be appointed to serve terms in the odd-numbered years. Members may be appointed to succeed themselves.
(c) 
Vacancy.
Vacancies shall be filled for unexpired terms. A vacancy in a term of office shall occur whenever the council finds that a member has resigned or has not maintained the qualifications required for appointment.
(d) 
Officers/procedures.
The board shall elect a chairman from among its members to preside at meetings. Such chairman, or in his absence the vice-chairman elected from among the members, may administer oaths and compel the attendance of witnesses. The board shall designate the time and place of its meetings. The board shall adopt its own rules of procedure and keep a record of its proceedings in accordance with state law and these regulations. Newly appointed members shall be installed at the first regular meeting after their appointment.
(e) 
Meetings and quorum.
Four (4) members of the board shall constitute a quorum for the conduct of business. The members of the board shall regularly attend meetings and public hearings of the board and shall serve without compensation, except for reimbursement for authorized expenses attendant to the performance of their duties. All meetings shall be open to the public. Minutes shall be kept showing the vote of each member on each question or the absence or failure of each member to vote. Such minutes shall be a public record and shall be retained for at least five (5) years.
(Ordinance 2016-03-001, sec. 2 (64-261), adopted 3/15/16)
(a) 
Authority.
The zoning board of adjustment shall have the powers and exercise the duties of a board in accordance with V.T.C.A., Local Government Code, chapter 212. Board members are representatives of the city and shall have the right to inspect premises where required in the discharge of their responsibilities under the laws of the State of Texas and the ordinances of this city. The board’s jurisdiction shall extend to and include the hearing and deciding of the following types of appeals and applications and to that end shall have the necessary authority to ensure continuing compliance with its decision.
(b) 
Interpretation.
The zoning board of adjustment shall render an interpretation of the zoning regulations or the manner of their application where it is alleged that there is error in any order, requirement, or determination made by the zoning administrator in the administration of such provisions. In reaching its decision, the board shall establish firm guidelines for future administrative actions on like manners.
(c) 
Variance.
To authorize upon appeal in specific cases such variance from the terms of this article as will not be contrary to the public interest. Such variances shall not be authorized unless the board makes an affirmative finding to all the following requirements:
(1) 
That literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property;
(2) 
That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district;
(3) 
That the relief sought will not injure the permitted use of adjacent conforming property;
(4) 
That the granting of the variance will be in harmony with the spirit and purposes of these regulations.
No variance shall be granted except on the concurring vote of four (4) members of the board.
(d) 
Actions of the board.
(1) 
In exercising its powers, the board may, in conformity with the provisions of the statutes of the State of Texas, reverse or affirm wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made and shall have all the powers of the zoning administrator or other administrative official whose decision is under appeal. The board shall have the power to impose reasonable conditions to be complied with by the applicant or time limitations on the appeal or variance.
(2) 
The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision, or determination of the zoning administrator or other administrative official, or to decide in favor of the application for variance.
(Ordinance 2016-03-001, sec. 2 (64-262), adopted 3/15/16)
(a) 
Interpretation request; variance appeal.
A request for interpretation of regulations or an appeal for variance may be taken by any person aggrieved or by any officer, department, or board of the city affected by a decision of the zoning administrator. Such appeal shall be taken within thirty (30) days’ time after the decision has been rendered, by filing with the zoning administrator a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.
(b) 
Stay of proceedings.
An appeal shall stay all proceedings of the action appealed from unless the zoning administrator after the notice of appeal has been filed with him certifies to the board that, by reason of facts stated in his certificates, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by a restraining order which may be granted by the board or by a court of record.
(c) 
Denial of request.
No application for variance or appeal to the board on the same piece of property shall be considered within six (6) months from the previous ruling of the board on any appeal to such body unless, within said time frame, any action by the board or city council on other property in the immediate vicinity has altered the facts and conditions on which the previous board action was based. Such change of circumstances shall permit the rehearing of an appeal by the board prior to the expiration of the six (6) months period, but such change of circumstances shall in no way have any force in law to compel the board, after the rehearing, to grant the appeal. At the rehearing, the appeal shall be considered entirely on its merits and the peculiar and specific conditions related to the property on which the appeal is brought.
(d) 
Appeals of board decision.
Any person or person, jointly or severally aggrieved by any decision of the board, any taxpayer or any officer, department, or board of the municipality may submit to a court of record (district court) a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of illegality. Such petition shall be presented to said court within ten (10) calendar days after the decision of the board and not thereafter.
(Ordinance 2016-03-001, sec. 2 (64-263), adopted 3/15/16)
(a) 
Public hearing required.
The board shall hold a public hearing on all appeals and variance requests made to it.
(b) 
Form of appeal or application.
The appeal or application shall be in such form and shall contain such information as the board may require. It shall be accompanied by the required fee. An incomplete appeal or application shall be deemed only to give notice of intent to appeal or apply to the board and shall not be reviewed or scheduled for hearings until brought to completion.
(c) 
Notice of hearing.
Official written notice of public hearing on every application for a variance or for an interpretation of regulations applying solely to an individual property shall be sent to all owners of property, or the person rendering the same for taxes, affected by such application, located within two hundred (200) feet of any property affected thereby, at least ten (10) days before such hearing is held. Such notice shall be served by using the last known address as listed on the city tax roll and depositing the notice, postage paid, in the United States mail. Notice of hearings shall also be given by causing publication of the time and place of such hearing in the official newspaper at least fifteen (15) days prior thereto, together with a brief description of the subject matter of the hearing.
(d) 
Public hearing.
(1) 
Upon the hearing, any party may appear in person or by attorney or agent. Evidence supporting the grant or denial of an appeal shall be submitted only through the zoning administrator or to the board in public meeting.
(2) 
Any appeal or application may be withdrawn upon written notice to the zoning administrator but no appeal shall be withdrawn after posting of hearing notice and prior to board action thereon without formal consent of the board.
(e) 
Decision and voting.
(1) 
Every decision of the board shall be based upon findings of facts that every finding of fact shall be supported in the record of proceedings. The enumerated conditions required to exist on any matter upon which the board is authorized to pass under these regulations shall be construed as limitations on the power of the board to act.
(2) 
Nothing herein contained shall be construed to empower the board to change the terms of these regulations, or to effect changes in the zoning districts. The powers of the board shall be so applied that the terms of these regulations will be strictly enforced.
(3) 
The concurring vote for [of] four (4) members of the board shall be necessary to reverse, on appeal, any order, requirement, decision or determination of the zoning administrator, or to approve any application upon which it is required to pass under these regulations or to effect any variances in said regulations.
(A) 
A member shall disqualify himself from voting whenever he has a personal or monetary interest in the property under appeal, or will be directly affected by the decision of the board.
(B) 
A member may disqualify himself from voting whenever any applicant, or his agent, has sought to influence the member’s vote on the appeal, other than in the public hearing.
(Ordinance 2016-03-001, sec. 2 (64-264), adopted 3/15/16)