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<br />, <br /> <br />41 <br /> <br />~ <br /> <br />Chapter 1 Development Procedures - Article 2 Authority of Decision-Makers <br /> <br />(b) Petitions for Relief The City Council shall finally decide the following petitions for <br />relief: <br /> <br />(1) Petition for relief from a dedication or construction requirement; and <br /> <br />(2) Omnibus relief petition. <br /> <br />(c) Effect on Planning and Zoning Commission Decisions. The authority of the City <br />Council to hear appeals and petitions for relief in specific instances described in this <br />section shall not be construed to divest the Planning and Zoning Commission of its final <br />approval authority over subdivision plats and development plats. <br /> <br />Division 5: Zoning Board of Adjustments (ZBOA) <br /> <br />Section 1.2.5.1 <br /> <br />Structure of Board <br /> <br />(a) Composition and Term. The Zoning Board of Adjustments shall consist of five <br />regular members and two alternates appointed by the City Council, for terms of two <br />years. The members may be removed for cause by the City Council upon written <br />charges and after a public hearing. All regular members and alternates shall reside <br />within the City limits. The alternate members shall serve in the absence of one or <br />more regular members when requested to do so by the mayor, City Manager or chair <br />of the ZBOA, as the case may be, so that all cases to be heard by the ZBOA will be <br />heard by a minimum of four members. Vacancies are filled for the unexpired term of <br />any member by appointment by the City Council. <br /> <br />(b) Rules. The ZBOA may adopt rules to govern its proceedings. These rules must be <br />consistent with this chapter and state law. The chair or, in the chair's absence, the <br />acting chair, may administer oaths and compel the attendance of witnesses. <br /> <br />(c) Meetings. Meetings of the ZBOA shall be held at the call of the chair and at other <br />times as the ZBOA may determine. All meetings of the ZBOA shall be open to the <br />public, except that the ZBOA may hold closed meetings as permitted under state law. <br /> <br />(d) Minutes. The ZBOA shall keep minutes of its proceedings, showing the vote of each <br />member upon each question, or, if absent or failing to vote, indicating that fact, and <br />shall keep records of its official actions, all of which shall be filed in the office of the <br />ZBOA and shall be public information. <br /> <br />(e) Duties of Director. The Planning Director shall be an ex officio member of the <br />ZBOA without power of vote. As an ex officio member of the ZBOA, the Director <br />shall act as secretary of the ZBOA and shall set up and maintain a separate file for <br /> <br />City of San Marcos, Texas <br /> <br />1-19 <br /> <br />Land Development Code - Final <br />