The Board of Adjustment shall consist of five (5) members who are property owners in the City, each to be appointed for a term of two (2) years and removed for cause by the Board of Commissioners upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. (Ord. 95-04-04, 4-4-1995)
The Board shall adopt rules in accordance with the provisions of this Title. Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. Such chairman or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. 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 shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any variation of such ordinance. (Ord. 95-04-04, 4-4-1995)
The Board of Adjustment shall have the following powers:
A. Hearing Of Appeals: To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by any administrative official in the enforcement of this Title.
B. Variances:
1. Where the terms of this Title relating to the use, construction or alteration of buildings or structures or the use of land will impose upon the landowner practical difficulties or particular hardship, the Board may consider and allow variations of the strict application of the terms of this Title if the variations are in harmony with the general purpose and intent of this Title and the Board is satisfied under the evidence heard by it that a granting of the variation will not merely serve as a convenience to the applicant but will alleviate some demonstrable hardship or difficulty so great as to warrant a variation from the Comprehensive Plan by this Title created.
2. The Board may authorize a variance where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property of record at the effective date hereof or by reason of exceptional topographical condition or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of a provision of this Title would result in peculiar and exceptional practical difficulties and particular hardship upon the owner of the property and amount to a practical confiscation of the property as distinguished from a mere inconvenience to the owner; provided, the variation can be granted without substantial detriment to the public good and without substantially impairing the general purpose and intent of the Comprehensive Plan as established by the regulations and provisions contained in this Title.
C. Special Exceptions: When, in its judgment, the public convenience and welfare will not be substantially or permanently injured, the Board of Adjustment may in a specific case, after public notice and hearing and subject to appropriate conditions and safeguards, authorize special exceptions to the regulations herein established as follows:
1. Permit the extension of a building or use into a more restricted district, immediately adjacent thereto, but not more than fifty feet (50') beyond the boundary line of the district in which such building or use is authorized.
2. Grant a permit for the extension of a use, height or area regulation into an adjoining district, where the boundary line of the district divided a lot in a single ownership at the effective date hereof.
3. Permit as an accessory use a parking area for passenger automobiles on a lot or lots in a single-family, duplex or apartment house district adjoining or across a street of not more than sixty feet (60') in width from an R-1 to R-2 District, subject, however, to the following provisions:
a. The area shall be properly enclosed with a hedge screen, fence, wall or other suitable enclosure having a height of not less than three feet (3') nor more than six feet (6'). Such fence or enclosure shall conform to the front yard regulations of the district in which it is located.
b. The area shall be improved with gravel, caliche or blacktop.
c. No parking of vehicles shall be permitted within six feet (6') of any adjoining lot on which is located a single-family residence, duplex or multiple dwelling.
d. One sign, not exceeding two and one-half (21/2) square feet in area may be erected identifying the lot.
e. No charges may be made for parking, and no other business use may be made of the lot.
f. Any light used to illuminate said parking shall be so arranged as to direct the light away from any adjoining premises used for residential purposes.
D. Commencement: Any appeal or permit granted by the Board of Adjustment shall not be valid if construction authorized by said permit is not begun within a period of sixty (60) days.
E. Modifications:
1. In exercising the above mentioned powers, such Board may, in conformity with the provisions of this Title, reverse or affirm, wholly or partly or may modify the order, requirement, decision or determination as ought to be made and to that end shall have all the power of the officer from whom the appeal is taken.
2. In considering all appeals and all proposed variations of this Title the Board shall, before making any finding, in a specific case, first determine that the proposed variation will not constitute any change in the District Map and will not impair an adequate supply of light and air to adjacent property or materially increase the congestion in public streets or increase the public danger of fire and safety or materially diminish or impair established property values within the surrounding area or in any other respect impair the public health, safety, comfort, morals and welfare of the City. (Ord. 95-04-04, 4-4-1995)
Variance requests to the Board of Adjustment may be applied for by any person aggrieved by any decision of the City Inspector or other Planning official. Such appeal shall be presented to the said Board within a reasonable time, with a brief written summary specifying the grounds perceived why variance should be awarded, and by paying a filing fee of two-hundred and fifty dollars ($250.00) to the City of Alamo. An application for variance, properly and completely filed, will normally stay or suspend all proceedings in furtherance of the action appealed from unless the City of Alamo attests, in writing, that a stay or abeyance would cause imminent peril to life and/or property. In such cases, regulatory protocol and proceedings shall not be stayed or abeyed. (Ord. 95-04-04, 4-4-1995; amd. Ord. 123-9-24, 9-3-2024)