§ XIV. Board of adjustment.

1.

A board of adjustment is hereby established which shall consist of five (5) members who shall be appointed by the mayor and approved by the city council. The term of the members shall be for five (5) years each, except that the members first appointed shall have a term of membership which varies from one (1) to five (5) years in order that not more than one (1) term shall expire each year.

2.

The board shall meet at the call of the chairman and all hearings shall be open to the public. The board shall keep minutes of its proceedings which shall be a public record.

3.

An appeal may be taken to the board of adjustment by any person, firm, or corporation or by any officer or department affected by a decision of the administrative officer. The board may refuse or affirm or may modify or amend the decision made by the administrative officer and to that end the board shall have all the powers of the officer from whom the appeal is made.

4.

The board of adjustment shall have the following powers and it shall be its duty:

(a)

To hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by an administrative officer in the enforcement of this ordinance.

(b)

Upon application by a property owner to permit exceptions to the terms of the zoning ordinance as follows:

(1)

To permit the extension of a district where the boundary line of a district divides a lot held in a single ownership at the time of the passage of this ordinance.

(2)

To interpret the provisions of this ordinance in such a way as to carry out the intent and purpose of the plan, as shown upon the maps fixing the several districts accompanying and made a part of this ordinance where the street layout actually on the ground varies from the street layout as shown on the map aforesaid.

(3)

To permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or public enemy, to the extent of more than fifty (50) percent of its fair market value, where the board finds some compelling public necessity requiring a continuance of the nonconforming use, and the primary purpose of continuing the nonconforming use is not to continue a monopoly.

(4)

To permit a variation in the yard requirements of any district where there are practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographic or other conditions, provided such variation will not seriously affect any adjoining property or the general welfare.

(5)

To permit the erection and use of a building or the use of premises for railroads and for public utility purposes.

(c)

To authorize upon application whenever a property owner can show that a strict application of the terms of this ordinance relating to the use, construction or alteration of buildings or structures or the use of land will impose upon him practical difficulties or particular hardship, such variations of the strict application of the terms of this ordinance as are in harmony with its general purpose and intent, but only when the board is satisfied that a granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable, and unusual, hardship or difficulty so great as to warrant a variation from the comprehensive plan as established by this ordinance and at the same time the surrounding property will be properly protected.

The board of adjustment shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent, or by attorney.

State law reference

Board of adjustment, Texas Local Government Code § 211.008.