§ 8.4. Proceedings of the board of adjustment.

The board of adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of the ordinance and the act. Meetings 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 oaths and compel the attendance of witnesses.

(a)

The board of adjustment will hold at least one regular meeting per month and all meetings will be held at 7:30 p.m. in city hall. The regular meeting shall be held in accordance with the rules of the board of adjustment. Special meetings are held in accordance with appeals procedure.

(b)

Any of the following persons may appeal to the board of adjustment a decision made by an administrative official:

(1)

A person aggrieved by the decision; or

(2)

Any officer, department, board, or bureau of the city affected by the decision.

Such appeal must be presented in writing ten days before meeting to the chairman of the board of adjustment or city manager, who upon receipt of an appeal shall notify the chairman of the board of adjustment.

(c)

Any officer, officers, departments, boards, commissions, or bureau of the municipality shall furnish to the board of adjustment a copy of all minutes, papers, drawing, or maps pertaining to an appeal of a person or persons to the board ten (10) days before the meeting.

(d)

The board of adjustment shall follow the prescribed rules of the Texas Open Meetings Act (V.T.C.A., Government Code ch. 551).

(e)

The board of adjustment shall keep minutes of each and every meeting, 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 examination and other official actions, and the secretary shall turn in a copy of the minutes to the city manager's office so copies can be made available to the city council and a permanent record of the meetings kept on file.

(f)

The board of adjustment shall recommend to the city council members and alternate members for appointment or reappointment to the board whenever any vacancy occurs and before April of each even-numbered year.

(g)

At the first meeting of the board of adjustment, after the appointment in April of each even-numbered year by the city council, the board shall elect a chairman and secretary.

(h)

If a member or alternate member of the board of adjustment finds himself in any way in personal conflict concerning any decision that must be made by the board, that member must abstain from voting.

(i)

At any subsequent meeting of the board at which the chairman is not present, those members and alternate members present and entitled to vote shall select an acting chairman from among their number who shall relinquish the chairmanship if the chairman appears before adjournment.

(j)

The rules of the board of adjustment may be changed, added to, or deleted by majority vote of the board of adjustment with a quorum present. The change in the rules must be read at one meeting and voted on at the next called meeting.

(k)

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or determination in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.

(l)

If any of these rules of procedure or any portion of any of these rules of procedure conflict with the zoning ordinance of the City of Clute, Texas, or the act such rule or portion thereof, as the case may be, shall be void and of no force and effect but the remaining rules and parts thereof not inconsistent therewith shall remain in full force and effect.