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(a) 
Board established.
A zoning board of adjustment is hereby established in accordance with the provisions of Texas Local Government Code Section 211.008. The word "board" when used in this division shall mean the zoning board of adjustment where appropriate.
(b) 
Regular membership.
The board shall consist of five (5) citizens, each to be nominated by the mayor and appointed or reappointed by the city council. The members of the board shall be identified by Place Numbers 1 through 5. Each member of the board shall be removable by the city council for cause based on a written charge after a public hearing. Vacancies shall be filled for the unexpired term of the member whose term becomes vacant. The board shall elect its own chair, who shall serve for a period of one (1) year or until his or her successor is elected.
(c) 
Alternate members.
The board shall also consist of not more than two (2) alternate members, who will serve in the absence of one or more regular members when requested to do so by the mayor or city administrator. Alternate members shall be appointed in the same manner as regular members, shall serve for the same period as a regular member, and are subject to removal in the same manner as a regular member. Alternate members of the board shall be identified by Alternate Place Number 1 and 2. Vacancies among the alternate members shall be filled in the same manner as vacancies among the regular members.
(d) 
Terms.
Except as otherwise provided herein, board members shall serve two (2) year terms. When the term of office expires, the board member shall continue to serve until a new board member is appointed to the member's place. The term of the odd-numbered places shall expire on the date of the first city council meeting in January of odd-numbered years, and the term of the even-numbered places shall expire on the date of the first city council meeting in January of even-numbered years.
(e) 
Meetings; quorum.
Meetings of the board shall be held at the call of the board chair and at such other times as the board may determine. A quorum shall constitute four (4) voting members. A motion to approve any matter before the board shall require a concurring vote of 75% of the members of the board:
(1) 
To reverse an order, requirement, decision, or determination of an administrative official;
(2) 
To decide in favor of an applicant on a matter on which the board is required to pass under a zoning ordinance; or
(3) 
To authorize a variation or special exception from the terms of a zoning ordinance.
(f) 
Hearings.
The hearings of the zoning board of adjustment shall be public, provided that, upon the advice and consent of the city attorney, the board may go into executive session pursuant to Texas Local Government Code Chapter 511.
(g) 
Rules and regulations.
The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and such minutes shall be immediately filed in the office of the board and shall be a public record. The board shall adopt rules, which shall be approved by City Council, in accordance and consistent with this division. A copy of any such rules shall be furnished to all board members and to persons or applicants with cases before the board. All rules and regulations shall operate uniformly in all cases and all resolutions and orders shall be in accordance therewith.
(Ordinance 112106-D, sec. 2, adopted 11/21/06; Ordinance 102108-A, sec. 2, adopted 10/21/08; Ordinance 4-15-25-D adopted 4/15/2025; Ordinance 4-15-25-D adopted 4/15/2025)
(a) 
Procedure.
Any person aggrieved by a decision of an administrative officer in the enforcement of Texas Local Government Code Chapter 211 or the city's zoning regulations, may appeal such decision to the board. The appeal must be filed not later than the 20th day after the date the decision is made. Such appeal shall be made by filing with the office of the city secretary, who shall forward the filing to the board members, and the officer whose action is being appealed, a notice of appeal specifying each of the grounds thereof. The administrative officer from which the appeal is taken shall promptly transmit to the board all of the papers constituting the record upon which the action appealed from is taken, including the applicable codes.
(b) 
Stay of proceedings pending appeal.
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer whose decision is appealed shall certify that, by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed other than by a restraining order granted for just cause by the board, or by a court of record, on application and after notice to the officer from whom the appeal is taken.
(c) 
Notice of hearing.
The board shall fix a reasonable time for the hearing of the appeal or other matter referred to it and shall give public notice of the hearing and due notice to the parties in interest.
(d) 
Decision.
The board shall decide appeals at the next meeting for which notice can be provided following the hearing and not later than the 60th day after the date the appeal is filed. Any party to the appeal may appear in person or by agent or attorney at any hearing. The board may, upon the concurring vote of four (4) members, reverse or affirm, in whole or in part, or modify the administrative official's order, requirement or decision, and make the correct order, requirement, decision, or determination on the matter appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made based upon an ordinance of the city, and, to that end, shall have all powers of the officer or department from whom the appeal is taken. Failure to receive four (4) concurring votes at an appeal hearing shall sustain the decision of the officer appealed from.
(Ordinance 112106-D, sec. 2, adopted 11/21/06; Ordinance 4-15-25-D adopted 4/15/2025; Ordinance 4-15-25-D adopted 4/15/2025)
(a) 
Authorization of certain special exceptions.
The board shall have the power to hear and decide special exceptions to the terms of the city's zoning regulations so granting authority to decide special exceptions when the ordinances require the board to do so. Such special exceptions shall be as follows:
(1) 
Permit a public utility or public service use or structure in any district as necessary to house equipment, pumps, switching gear, and similar devices only, required for the provision of the utility service, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the provision of utility service and the public health, convenience, safety or general welfare.
(2) 
Authorize a special exception from the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, and where the topography or unusual shape of the lot and regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
(b) 
Authorization of certain variances.
The board shall have the power to authorize in specific cases a variance from the terms of the city zoning regulations as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the regulation will result in unnecessary hardship, and so that the spirit of the ordinances shall be observed and substantial justice done, subject to the following criteria:
(1) 
Authorize upon application, whenever a property owner can show that a strict application of the terms of the city zoning regulations will impose unusual and practical difficulties or particular hardship, such variance from the strict application of the terms of the ordinances as are in harmony with its general purpose and intent, but only when the board is satisfied that a granting of such variance will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship resulting from an unusual condition of the property itself and so great as to warrant a variance, and at the same time, the surrounding property will be properly protected; provided that the board shall not in any event permit a use on any property that is not permitted within the zoning category for which such property is zoned.
(c) 
No authority to change regulations.
The board shall have no authority to change any provision of the city's zoning regulations; it has authority to hear as set forth herein and its jurisdiction is limited to hardship and borderline cases which may arise from time to time. The board shall only have the authority to vary substantive requirements and shall not vary procedural requirements of the zoning ordinance.
(d) 
Limitations.
(1) 
The board shall have authority to evaluate whether the variance requested is a unique and special condition to the property in question; ensure the burden is not self-imposed by the applicant; determine that the literal enforcement of the ordinance would result in an unnecessary hardship; and determine if the hardship will prevent the reasonable use of the property, be contrary to public interest, and is in the spirit of the ordinance.
(2) 
When exercising its authority for a variance the board may consider whether the financial cost of compliance exceeds 50% of the structure's appraised value, as shown on the most recent appraisal roll certified to the municipal assessor under Tax Code Section 26.01; whether compliance would result in a loss of at least twenty-five percent (25%) of the lot's developable area on which development may physically occur; whether compliance would cause the structure to violate a municipal ordinance, building code, or other requirement; whether compliance would result in unreasonable encroachment on an adjacent property or easement; and whether the municipality considers the structure a nonconforming structure.
(3) 
For appeals from decisions or interpretations of staff, the board shall similarly evaluate the circumstances, and unless an actual error in the interpretation of the code exists or the conditions for a variance as set forth in this division exists the board shall uphold the decision of the staff.
(Ordinance 112106-D, sec. 2, adopted 11/21/06; Ordinance 4-15-25-D adopted 4/15/2025; Ordinance 4-15-25-D adopted 4/15/2025)