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) (b) The Zoning Board of Adjustments shall finally decide the following petitions for relief: (1) A variance to any requirement of Chapter 4 of this Land Development Code; and (2) A sign variance. Section 1...2„ 5 4 ,,. IRulll es Governing IPiro iiiing (a) Vote required for decisions. The concurring vote of four members of the ZBOA is necessary to reverse an order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant on a matter upon which the ZBOA is required to pass under this Land Development Code, or to authorize a variance from the terms of a provision of this Land Development Code. (b) Quorum. A quorum shall consist of four members of the ZBOA. (c) Limitation on Authority. The authority delegated to the ZBOA under this Land Development Code shall not be construed to effect any of the following: (1) Approval of a petition for a zoning map amendment; (2) Approval of a Conditional Use Permit; (3) Authorization of a use not authorized in the zoning district in which the applicant's property is located, except to the extent necessary to decide a special exception or a petition for a change in status of a nonconformity. (d) Timing of Decision. The ZBOA shall not render any decision on a development application, appeal or relief petition while a petition for a zoning amendment, application for a Conditional Use Permit, or plat application for the same land is pending and until such petition or application has been finally decided under procedures in this Chapter 1. Section 1...2„ „ ,,. Appealls l (a) Procedure for Appeal. Upon receiving a notice of appeal of a matter for which appeal to the ZBOA is authorized under this Land Development Code, the responsible official from whom the appeal is taken shall immediately transmit to the ZBOA all papers constituting the record of the action that is appealed. An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the ZBOA facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the ZBOA or a court of record on application, after notice to the official, if due cause is shown. (b) Appeals of Board Decisions. Appeals of any decision of the ZBOA may be taken to a state district court, county court, or county court -at -law by filing a verified petition stating that the decision of the ZBOA is illegal in whole or in part and specifying the grounds of the illegality. The petition must be filed within ten days after the date the decision is filed with the Planning and Development Services Department. Section 1...2„ 5 6 ,,. PulbIllic III °le airiiiing Notice of hearing before the ZBOA is required as follows: (a) The ZBOA shall hold a public hearing on all applications, appeals and relief petitions, and written notice of the public hearing shall be sent to the applicant or appellant, all persons who are owners of real property within 200 feet of the property for which the application, petition or appeal is made, as indicated by the most recently approved municipal tax roll, and all other persons deemed by the ZBOA to be affected thereby. (b) The notice shall be given not less than ten days before the date set for the hearing. The notice shall be delivered personally or through the U.S. Postal Service. San Marcos, Texas, Code of Ordinances Page 17