Ord 2013-035/Amending Chapters 1 through 8 of the Land Development Code to implement the changes made through Ord 2013-16 which adopted the comprehensive plan

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Subpart B - LAND DEVELOPMENT CODE Chapter 1 - DEVELOPMENT PROCEDURES ARTICLE 2: - AUTHORITY OF DECISION - MAKERS DIVISION 5: - ZONING BOARD OF ADJUSTMENTS (ZBOA) tit Vt'SR11li 5: iNVI l; B(Ir RI) i'It AD11l SJ"'1l'tt t,"i (: W(ir1) Section 1...2„ „1 ,,. Structure of II1:3o it (a) Composition and Term. The Zoning Board of Adjustments shall consist of five regular members and two alternates appointed by the City Council, for terms of two years. The members may be removed for cause by the City Council upon written charges and after a public hearing. All regular members and alternates shall reside within the City limits. The alternate members shall serve in the absence of one or more regular members when requested to do so by the mayor, City Manager or chair of the ZBOA, as the case may be, so that all cases to be heard by the ZBOA will be heard by a minimum of four members. Vacancies are filled for the unexpired term of any member by appointment by the City Council. (b) Rules. The ZBOA may adopt rules to govern its proceedings. These rules must be consistent with this Chapter and state law. The chair or, in the chair's absence, the acting chair, may administer oaths and compel the attendance of witnesses. (c) Meetings. Meetings of the ZBOA shall be held at the call of the chair and at other times as the ZBOA may determine. All meetings of the ZBOA shall be open to the public, except that the ZBOA may hold closed meetings as permitted under state law. (d) Minutes. The ZBOA shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact, and shall keep records of its official actions, all of which shall be filed in the office of the ZBOA and shall be public information. (e) Duties of Director. The II "I Rr;iRiq Director shall be an ex officio member of the ZBOA without power of vote. As an ex officio member of the ZBOA, the Director shall act as secretary of the ZBOA and shall set up and maintain a separate file for each application for approval, special exception, and variance received. The Director shall record in each file the names and addresses of all persons to whom notices are mailed, including the date of mailing, and shall keep a record of all notices published as required in this Chapter. All records and files provided for in this subsection shall be permanent and official files and records of the City. Section 1...2„ ...2 ,,. Authority for IDeclicilling uwa il. -Ju dlii iiialll AppIllicatiloins (a) The Zoning Board of Adjustments shall finally decide the following types of quasi - judicial applications: (1) An application for a special exception; (2) An application for a change in the status of a nonconformity; and Section 1...2„ ...3 ,,. Authority for IDeclicilling Appealls l (a) The Zoning Board of Adjustments shall finally decide appeals on the following development applications within the City limits: (1) A Certificate of Appropriateness; (2) A denial based on the provisions of Chapter 4 and /or Chapter 6, except for provisions related to plats, of this Land Development Code; (3) A certificate of occupancy; and (4) An appeal of the II 24aRiRiRiq Director's decision on a sign permit or an interpretation of the sign regulations; (5) Appeal of official's decision. San Marcos, Texas, Code of Ordinances Page 16