(a) Creation and appointment. There is hereby created a board of adjustment, consisting of 22 regular members, divided into two panels of 11 members each, all of whom shall be residents of the City of Fort Worth. Members of each panel shall serve as alternates of the other panel as needed. It is the declared policy that the city council will consider for appointment to the board of adjustment only those persons who have demonstrated their civic interest, general knowledge of the community, independent judgment, understanding of zoning and planning and availability to prepare for and attend meetings. Preference will be given, where feasible, to appointees who possess knowledge or background in one of the following fields:
(1) Law;
(2) Property development;
(3) Building design;
(4) Mortgaging and financing; or
(5) Architecture with emphasis on historic preservation.
As nearly as is reasonably possible, the board of adjustment members as a whole shall fairly represent the ethnic makeup of the City of Fort Worth.
(b) Terms of office. Each panel of the members of the board of adjustment shall be identified by place numbers one through 11. The odd-numbered places shall expire on October 1 of each odd-numbered year and the even-numbered places shall expire on October 1 of each even- numbered year. Board of adjustment members may be appointed to succeed themselves. Vacancies shall be filled for unexpired terms, but no member shall be appointed for a term in excess of two years. Members shall serve until their successors are appointed.
(c) Organization. The board of adjustment shall hold an organizational meeting in November of each year and shall elect a chairperson and vice-chairperson for each panel from among its members before proceeding to any other matters of business. The development services director, or a designated representative, shall be the secretary of the board of adjustment. The panels of the board of adjustment shall meet regularly and shall designate the time and place of its meetings. The board of adjustment shall adopt its own rules of procedure and keep a record of its proceedings in accordance with the state statutes, this ordinance and the City Charter. Newly appointed members shall be installed at the first regular meeting after their appointment.
(d) Meetings and quorum. Nine members of each panel of the board of adjustment shall constitute a quorum for the conduct of business. The members of each panel of the board of adjustment shall regularly attend meetings and public hearings of the board of adjustment and shall serve without compensation, except for reimbursement for authorized expenses attendant to the performance of their duties.
(e) Decision by board of adjustment. The affirmative vote of nine members of each panel of the board of adjustment shall be required to reverse or modify any order, decision or interpretation of this ordinance by the zoning administrator or to grant a variance or special exception.
(f) Review of zoning needs. The board of adjustment shall keep itself informed with respect to requests for variances based on practical difficulty and unnecessary hardship, and shall recommend to the zoning commission when, in its opinion, requests for variances indicate a need for possible general zoning changes through the established legislative procedure.
(g) Staff responsibility. The development services director and any designated representatives shall be the regular technical advisors to the board of adjustment.
(h) Attendance reports. Each month a report shall be submitted to the city council showing the cumulative attendance of each member with a notation of members who have been absent from three consecutive meetings, and a notation of the non-availability of alternate members to attend meetings for which called.
(i) Powers and duties. The board of adjustment shall have the powers and exercise the duties of a board of adjustment in accordance with Texas Local Government Code §§ 211.008 through 211.011. Board of adjustment members are representatives of the city and shall have the right of inspection of premises where required in the discharge of their responsibilities under the laws of the State of Texas and the ordinances of the city. The board of adjustment's jurisdiction shall extend to and include the hearing and deciding of the types of appeals and applications listed below, and to that end shall have the necessary authority to ensure continuing compliance with its decisions. In addition, the board of adjustment shall have the authority to compel the attendance of witnesses necessary to its decision-making.
(1) Appeal of interpretation of the zoning administrator to board of adjustment. The board of adjustment shall decide an appeal of the interpretation by the zoning administrative official upon a properly submitted request made by the requestor, any person aggrieved by the interpretation, or any officer, department, board or bureau of the city affected by the interpretation (see Chapter 3, Article 2).
(2) Special exception. To decide upon applications for special exceptions when the use or development is specifically authorized under the zoning ordinance subject to the approval of the board of adjustment (see Chapter 3, Article 3). Special exceptions that may be permitted by the board of adjustment are specified in the use tables in Chapter 4, Articles 6, 8 and 12.
(3) Split-zoned lot. The board of adjustment may approve the extension of a use to the lot line or for a distance of not more than 100 feet where the boundary line of a district either divides a lot held in single ownership on October 1, 1940, or divides a lot held in single ownership as of the date of subsequent annexation of said lot.
(4) Variance. To authorize upon appeal in specific cases such variance from the terms of the zoning ordinance as will not be contrary to the public interest (see Chapter 3, Article 4).
(5) Appeals. To hear appeals for any action, other than actions relating to designation, from the historic and cultural landmarks commission, the downtown design review board and the urban design commission.
(Ord. 13896, passed 10-12-1999; Ord. 14437, §§ 1—4, passed 12-12-2000; Ord. 16947, § 1, passed 5-16-2006; Ord. 17522, § 6, passed 4-24-2007; Ord. 21272-06-2014, §§ 1, 2, passed 6-3-2014; Ord. 23024-12-2017, § 2, passed 12-5-2017, eff. 3-17-2018; Ord. 24030-02-2020, § 22, passed 2-4-2020; Ord. 26359-08-2023, § 1, passed 8-8- 2023)