§ 50-12. Board of adjustment—Created.

(a)

Membership and composition; term; appointment of alternate members. A board of adjustment is hereby created which shall consist of the five members of city council. All cases to be heard by the board of adjustment will always be heard by a minimum of four members.

(b)

Proceedings.

(1)

The board of adjustment shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this chapter. Meetings shall be held at the call of the mayor and at such times as the board may determine. All meetings shall be open to the public.

(2)

The board of adjustment 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 a public record and be promptly filed in the office of the city secretary.

(c)

Appeals. Any person aggrieved, or any official or department of the village affected by any decision or judgment of the building official concerning interpretation or administration of this chapter, may appeal such decision or judgment to the board of adjustment. Such appeals shall be taken within ten days, by filing with the building official and with the board of adjustment a notice of appeal accompanied by a fee as established by the city council specifying the grounds thereof. The building official shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

(d)

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

(e)

Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the building official from whom the appeal is taken certifies to the board of adjustment after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the board of adjustment or by a court of record on application, on notice to the building official from whom the appeal is taken and on due cause shown.

(Ord. No. 97-24, § 2(8(1)), 11-11-1997; Ord. No. 201410, §§ 11, 12, 8-19-2014)

State law reference

Board of adjustment, V.T.C.A., Local Government Code § 211.008 et seq.