(A) The Council will serve as the Board unless and until the Council appoints members of a separate Board. If the Council appoints members of a separate Board the Board shall consist of five members to be appointed for a term of two years each. If the Council appoints members of a separate Board, the Council may appoint up to three alternate members to serve in the absence of one or more regular members when requested to do so by the Mayor or the Zoning Administrator. The initial appointments of members of a separate Board may occur at any regular Council meeting, and the terms of the initial members will be until the next general city election. Thereafter, Board members will be appointed by the Council for full two-year terms at the first regular Council meeting following the next general city election. The Council may authorize each member of the Council to appoint one member to the Board. The Council may remove a Board member for cause as found by the Council on a written charge after a public hearing. A vacancy on the Board shall be filled for the unexpired term by vote of the Council. An alternate member shall serve for the same period as a regular member and is subject to removal in the same manner as a regular member. A vacancy among the alternate members shall be filled in the same manner as a vacancy among the regular members. In the absence of a separate Board, any reference in this chapter to the Board means the Council serving as the Board.
(B) Each case before the Board must be heard by at least 75% of the members.
(C) The members of the Council may act as members of the Board of Adjustment, upon majority vote by the Council.
(D) The Board shall select a Chair at its first meeting after regular appointments are made by the Council. If the Council is serving as the Board, the Council will elect a Chair and Vice-Chair of the Board bv majority vote at the first regular Council meeting following each general city election. Meetings of the Board shall be held at the call of the Chair of the Board, and at other times as determined by the Board or by the Mayor. All meetings of the Board shall be open to the public and notice shall be given in compliance with the Open Meetings Law. The Chair may administer oaths and compel the attendance of witnesses. The Board shall keep minutes of its proceedings that indicate the vote of each member on each question or the fact that a member is absent or fails to vote. The Board shall keep records of its examinations and other official actions. The minutes and records shall be filed immediately in the office of the City Clerk and are public records.
(E) The Board shall have the authority prescribed in Tex. Loc. Gov’t Code § 211.009 as it may be amended from time to time, including the right to hear and decide an appeal from a decision of the Zoning Administrator, to authorize in specific cases a variance from the terms of this chapter to grant special exceptions, and to hear and decide other matters authorized by this chapter or any other ordinance of the city.
(F) The concurrent vote of 75% of the members of the Board shall be necessary to:
(1) Reverse an order, requirement, decision or determination of the Zoning Administrator;
(2) Decide in favor of an applicant on a matter on which the Board is required to pass under this chapter; or
(3) Authorize a variation from the terms of this chapter.
(G) (1) Any of the following persons may appeal to the Board a decision made by the Zoning Administrator:
(a) A person aggrieved by the decision; or
(b) Any officer, department or board of the city affected by the decision.
(2) The appellant must file with the Board and the Zoning Administrator a properly completed notice of appeal, specifying the grounds for the appeal, within 20 days of the date of the decision.
(3) Upon receiving the properly completed notice, the Zoning Administrator will make all city records related to the appeal available to the Board. An appeal stays all city enforcement proceedings that relate directly to the matter that is being appealed unless the Zoning Administrator certifies in writing to the Board facts supporting the opinion of the Zoning Administrator that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the Board or a court of record on application, after notice to the Zoning Administrator, if due cause is shown.
(4) The Board shall set a reasonable time for the appeal hearing and give public notice of the hearing and due notice to the parties in interest. A party may appear at the appeal hearing in person or by agent or attorney. The Board shall decide the appeal within a reasonable time. A member of the Council who serves on the Board may not bring an appeal.
(H) Any of the following persons may present to a District Court, county court or county court at law a verified petition stating that the decision of the Board is illegal in whole or in part and specifying the grounds of the illegality:
(1) A person aggrieved by the decision of the Board;
(2) A taxpayer; or
(3) An officer, department, board or bureau of the city.
(I) The procedures provided by Tex. Loc. Gov’t Code, § 211.011, as it may be amended from time to time, shall govern the judicial review of the Board’s decision.
(Ord. 08-347, passed - -2008; Ord. 2013-08-20-1, passed 8-20-2013)