(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.
(e) 
Any of the following persons may appeal to the board of adjustment a decision made by the code enforcement officer:
(1) 
A person aggrieved by the decision; or
(2) 
Any officer, department, board or bureau of the city.
(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)
(a) 
Subpoena witnesses, etc.
The board of adjustment shall have the power to subpoena witnesses, administer oaths, and punish for contempt, and may require the production of documents, under such regulations as it may establish.
(b) 
Appeals.
(1) 
Appeals based on error.
The board shall have the power to hear and decide appeals where it is alleged there is an error of law in any order, requirement, decision, or determination made by the code enforcement officer in the enforcement of this division.
(2) 
Procedure.
Appeals may be taken to and before the board of adjustment by any person aggrieved, or by any officer, department, board or bureau of the city. Such appeal shall be made by filing with the office of the board a notice of appeal and specifying the grounds of appeal. The office or department from which the appeal is taken shall forthwith transmit to the board of adjustment all of the papers constituting the record upon which the action appealed from was taken.
(3) 
Stay of proceedings.
An appeal shall stay all proceedings in furtherance of the action appealed from unless the code enforcement officer shall certify to the board of adjustment that by reason of facts stated in the certificate, a stay would, in his opinion, 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 by the board of adjustment or by a court of equity, after notice to the officer from whom the appeal is taken and on due cause shown.
(4) 
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 two hundred (200) feet of any point of the lot or portion on which a variation is desired, and to all other persons deemed by the board to be affected, such owners and persons being determined according to the current tax rolls of the city; and depositing of such written notice in the mail shall be deemed sufficient compliance.
(5) 
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, requirement, decision or determination appealed from and shall make such order, requirement, 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.
(c) 
Special exceptions.
The board shall have the power to hear and decide special exceptions to the terms of this division upon which the board is required to pass as follows or elsewhere in this division:
(1) 
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 division.
(2) 
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 fifty percent (50%) of its fair market value, where the board finds some compelling necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly.
(3) 
Waive or reduce the parking and loading space requirements in any of the districts whenever the character or use of the building makes unnecessary the full requirement of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience. No waiver of the hard, dust free surface requirement may be given.
(d) 
Variances.
The board shall have the power to authorize variances from the terms of chapter 14 of this code, as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this division will result in unnecessary hardship, and so that the spirit of this division shall be observed and substantial justice done.
(e) 
Changes.
The board shall have no authority to change or amend any provisions of chapter 14 of this code, and its jurisdiction is limited to hardship and borderline cases which may arise from time to time.
(Ordinance 2016-004 adopted 5/10/16)