Ord 1980-041 - Laserfiche WebLink

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I I I If fifty percent (50%) or more of a nonconforming structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by a duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located. SECTION 27 - PROVIDING FOR THE BOARD OF ADJUSTMENTS, QUORUM, PROCEDURES FOR APPEALS, AND POWERS OF THE BOARD A. Organization 1. A Board of Adjustments is hereby created in accordance with the provlslons of Article 1011g of the Revised Civil Statutes of Texas. It shall consist of five (5) regular members and two (2) alternates who shall be appointed by the Mayor with approval by the City Council of the City of San Marcos, for a term of two (2) years, and removable for cause by the City Council upon written charges and after public hearing. The alternate members shall serve in the absence of one (1) or more regular members when requested to do so by the Mayor or City Manager, as the case may be, so that all cases to be heard by the Board of Adjustments will be heard by a minimum number of four (4) members. Vacancies shall be filled for the unexpired term of any member by appointment by the City Council. 2. A quorum shall consist of four (4) members of the Board of Adjustments. 3. The Director of Planning or his designee shall be an ex-officio member of the Zoning Board of Adjustments without power of vote and as an ex-officio member of such board shall act as secretary of the Zoning Board of Adjustments and shall set up and maintain a separate file for each application for appeal, special exception, and variance received and shall record therein the names and addresses of all persons, firms, and corporations to whom notices are mailed, including the date of mailing and the person by whom such notices were delivered to the mailing clerk, post office, or mailbox and further keep a record of all notices published as required herein. All records and files herein provided for shall be permanent and official files and records of the City. B. Procedures and Appeals Procedures before the Board of Adjustment, and appeals to and from such Board, shall be governed by the provisions of Article 1011g of the Revised Civil Statutes of Texas. 1. The board shall adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with this ordinance or state law. 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. 2. 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, indicating such fact, and shall keep record 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 to the board may be made by any person agrieved, or by any municipal officer, department, or board affected by any decision of the Director of Planning in the enforcement of this ordinance. Such appeal shall be filed with the board by the Director of Planning within fifteen (15) days after the original decision rendered by the Director of Planning. -47-