(a)
There is hereby created a board of adjustment. The board of adjustment shall act in a quasi-judicial capacity. The composition and activities of the board shall be in accordance with V.T.C.A., Local Government Code, chapter 211. The board shall be composed of six regular members who are residents of the city. Each member of the city council, including the mayor, immediately after election and assumption of office shall appoint one member to the board of adjustment. The term of office for each member of the board of adjustment shall be for two (2) years and shall be concurrent with that of the councilman who appointed them to the board. The members of the board shall be residents of the city and shall serve without compensation. Members may be removed by the city council only for inefficiency, neglect of duty or malfeasance in office. Vacancies occurring other than through the expiration of terms shall be filled only for the unexpired term and in the same manner the original appointment was made. The term of office for the initial members of the board of adjustment shall end at the same time as the term of the councilman who appointed said board member.
(b)
The board of adjustment shall elect a chairperson and a vice-chairperson and may create and fill other offices as may be deemed necessary. The term of the chairperson and vice-chairperson shall be for one (1) year with eligibility for reelection.
(c)
The board of adjustment shall hold meetings as necessitated by requests for rulings on matters authorized to come before them by this code. Such meeting shall be open to the public.
(d)
The board shall adopt rules of operation and shall keep a record of its resolutions, transactions, findings and determinations, which shall become items of public record.
(f)
An appeal stays all proceedings in furtherance of the action that is appealed unless the code enforcement officer certifies in writing to the board facts supporting the officer’s opinion that a stay would cause imminent peril to life or property. In such a case, the proceedings may be stayed only by a restraining order granted by the board or a court of record.
(g)
Five members of the board of adjustment shall be required for the transaction of business.
(h)
An affirmative vote of five or more members is required to approve a variance, or to overturn a decision of an official in an appeal made under the terms of this division.
(i)
Any resident or property owner may request relief from, or an appeal of a decision under a provision of chapter 14 of this code, by making such request in writing to the city manager or the city secretary and paying an administrative fee, as fixed from time to time by the council. The city manager, or his designee, shall investigate the request and shall prepare a report, which will be presented to the board of adjustment as fact evidence during a public hearing considering such request of variance.
(Ordinance 2016-004 adopted 5/10/16)