(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)