Zoning Board of Adjustment
The Board of Adjustment may have monthly meetings, or at the call of the chairman, or in his absence the acting chairman, and at such other times as the Board may determine. The Chairman, or acting chairman, may administer oaths and compel the attendance of witnesses. All Board of Adjustment meetings shall be open to the public.
All regular and alternate members of the Board of Adjustment shall be appointed for a term of 2 years and shall be removable for cause by the City Council upon written charges and after public hearing.
The members may be removed in accordance with the provisions of Section 10.03.
The Zoning Board of Adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the zoning ordinance that are consistent with its general purpose and intent, and in accordance with any applicable rules contained in the zoning ordinance.
Creation of the Board of Adjustment
There is hereby created a Board of Adjustment consisting of 5 members and 4 alternate members to be appointed by the City Council. This Board shall have all powers and obligations vested in it by state law. The Zoning Board of Adjustment is not an advisory board.
Vacancies in the regular or alternate membership of the Board of Adjustment shall be filled by the City Council only for the unexpired term.
Minimum Members at HearingS
The alternate members of the Board of Adjustment shall serve in the absence of 1 or more regular members, when requested by the Mayor or, in his absence or temporary inability to act, by the Mayor Pro Tem or by the City Manager, so that all cases heard by the Board of Adjustment will always be heard by a minimum of 4 members.
Minutes & Records
The Board of Adjustment shall keep minutes of its proceedings indicating the vote of each member on each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official action, all of which shall be immediately filed in the office of the Board of Adjustment and shall be a public record.
The Board of Adjustment shall adopt rules in accordance with any ordinance adopted under this Charter and state law.
The Board of Adjustment shall have the following powers:
- To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this Section, or of any ordinance adopted pursuant thereto
- To hear and decide special exceptions to the terms of the zoning ordinance when the ordinance requires the Board of Adjustment to do so
- To authorize, in specific cases, a variance from the terms of the zoning ordinance, if the variance is not contrary to the public interest, and due to special conditions, a literal enforcement of the provisions of the ordinance would result in unnecessary hardship, and so that the spirit of the ordinance shall be observed, and substantial justice done
The decision of Board of Adjustment may be appealed as provided by state law.
For more information, view the City of Pearsall Charter (PDF).