There is hereby created a board of adjustment consisting of five (5) members, appointed by the City Council for two (2) year terms, and each having the power to vote.
(Ordinance 2017-001 adopted 2/20/17)
At the first meeting of the board, a chairman and vice-chairman shall be elected. Meetings of the board shall be held at the call of the chairman, who 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, indicate 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 City Secretary and shall be a public record.
(Ordinance 2017-001 adopted 2/20/17)
Appeals to the board of adjustment can be taken by any person aggrieved or by any officer, department, board or department of municipality affected by any decision of the administrative office. Such appeals shall be taken within fifteen (15) days’ time after the decision has been rendered by the administrative office, 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 papers constituting the record upon which the action appealed from was taken. An action appealed from shall stay all proceedings upon the action appealed, 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 of [on] notice to the officer from whom the appeal is taken and on due cause shown.
(Ordinance 2017-001 adopted 2/20/17)
The Board of Adjustment shall have the following powers:
(A) 
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 this article.
(B) 
To hear and decide special exceptions to the terms of the article upon which the board is required to pass under this article.
(C) 
To authorize upon appeal in special cases, such variances from the terms of the article as will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provisions of the article will result in unnecessary hardship, and so that the spirit of this article shall be observed and substantial justice done. No variance shall be granted to permit a use in a zoning district in which that use is prohibited.
(Ordinance 2017-001 adopted 2/20/17)
Any request for an appeal, variance or special exception shall require a public hearing before the Board. Notice of the time and place of such hearing shall be published in a paper of general circulation in the city, at least fifteen (15) days prior to the time set for such hearing. In addition to the foregoing published notice, written notice of all public hearings shall be sent to all owners of property, or to the person rendering the same for city taxes, located within two hundred (200) feet of the exterior boundary of the property with requested to which [with respect to which] such appeal, variance or exception is requested within not less than ten (10) days before any such hearing is held. Such notice may be served by depositing the same, properly addressed and postage paid, in the city post office.
(Ordinance 2017-001 adopted 2/20/17)
In exercising its powers, the board may, in conformity with the provisions of Articles 1011-A through and including 1011-J of the 1926 Civil Statutes of Texas, as amended, revise or reform, wholly or partly, or may modify the order, requirements, decisions or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken.
(Ordinance 2017-001 adopted 2/20/17)
The concurring vote of three (3) members of the board shall be necessary to revise any order, requirements, decision, or determination of any such administrative official, or to decide in favor of the application on any matter upon which it is required to pass under this article or to effect any variance in said article.
(Ordinance 2017-001 adopted 2/20/17)
Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment or any taxpayer or officer, department, or board of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the board and not thereafter.
(Ordinance 2017-001 adopted 2/20/17)