§ 17. Board of adjustment.

1.

Organization.

The board of adjustment shall consist of five current (5) members of the city's governing body for a term of two (2) years. Vacancies shall be filled for an unexpired term whose place becomes vacant for any cause, with another member of the governing body. All cases to be considered by the board of adjustment will always be heard by a minimum number of five (5) members.

(Ord. No. 87-101, 2-24-87; Ord. No. 99-109, 12-15-99; Ord. No. 00-113, 11-28-00; Ord. No. 08-100, 1-8-08)

2.

Procedure:

The board shall adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with this ordinance or statutes of the state of Texas. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence, the acting chairman, may administer oath 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, indicate 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.

3.

Appeals:

a.

Appeals to the board of adjustment can be taken by any aggrieved, or by an officer, department or board of the municipality affected by the decision of the building official. Such appeal shall be taken within fifteen (15) days after the decision has been rendered by the building official, by filing with the officer from whom the appeal is taken and with the board of adjustment, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action was taken.

b.

An appeal shall stay all proceedings of the action appealed from unless the officer from whom the appeal is taken certifies to the board of adjustment, after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, otherwise, 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 officer from whom the appeal is taken and due cause shown.

c.

The board of adjustment shall fix a reasonable time for the hearing of an appeal, give the public notice thereof by posting such notice in the mail addressed to all owners of real property located within two hundred (200) feet of the property on which the appeal is made and by publishing notice of such hearing in a newspaper of general circulation in the city of Fort Stockton. Both the posted and published notice shall be given at least ten (10) days prior to the date set for the hearing. Upon the hearing, any party may appear in person or by attorney or by agent.

4.

Jurisdiction:

When in its judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, the board of adjustment may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards authorize the following special exceptions to the regulations herein established:

a.

Permit the reconstruction, extension or enlargement of a building occupied by a nonconforming use on the lot or tract occupied by such building provided such reconstruction does not prevent the return of such property to a conforming use and to permit the expansion of off-street parking or off-street loading for a nonconforming use;

b.

Permit such modifications of the height, yard, area, coverage and parking regulations as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area, shape, or slope that it cannot be appropriately developed without such modification;

c.

Require the discontinuance of nonconforming uses of land or structure under any plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this ordinance. All actions to discontinue a nonconforming use of land and structure shall to [be] taken with due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of property. The board shall, from time to time, on its own motion or upon cause presented by interested property owners, inquire into the existence, continuation or maintenance of any nonconforming use within the city.

5.

Actions of the board:

a.

In exercising its powers, the board may, in conformity with the provisions of Articles 1011-A and including 1011-J of the 1925 Civil Statutes of Texas, as amended; revise or reform, wholly or partly, or may modify the order, requirement, decisions, or determination appealed from and make such order, requirement, decision or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken including the power to impose reasonable conditions to be complied with by the applicant.

b.

The concurring vote of four (4) members of the board shall be necessary to revise any order, requirement, decision or determinations of any such building official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance or the affect any variance in said ordinance.

c.

Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment or any taxpayer or any officer, department or board of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the board and not thereafter.