ORD 889 02/24/2009 ORDINANCE NO. 889
AN ORDINANCE AMENDING THE CITY OF CIBOLO
CODE OF ORDINANCES CHAPTER 23 BY
ESTABLISHING A ZONING BOARD OF ADJUSTMENT
FOR THE CITY; AND PRESCRIBING ITS PURPOSE,
DUTIES AND AUTHORITY; PRESCRIBING ZONING
BOARD OF ADJUSTMENT MEMBERS; DEFINING
MEMBER TERMS; PROVIDING FOR SEVERABILITY;
AND REPEALING ALL OTHER ORDINANCES IN
CONFLICT HEREWITH.
WHEREAS, the City Council for the City of Cibolo has determined that a need exists for
the creation of a Zoning Zoning Board of Adjustment that is not comprised of the City
Council; and
WHEREAS, pursuant to Tex. Loc. Gov't Code Section 211.008 the City Council may
provide for the appointment of a Zoning Board of Adjustment; and
WHEREAS, pursuant to the Cibolo City Charter Article VIII Section 8.01 the City
Council has the authority to create, establish or appoint a Zoning Board of Adjustment.
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO:
That the City of Cibolo Code of Ordinances Chapter 23 is hereby amended to
add the following the section D:
Section D. Zoning Board of Adjustment
(1) Created; composition; term, removal of members; filling of vacancies.
There is hereby created and established a Zoning Board of Adjustment, which
shall consist of five members to be appointed by the city council. Such members shall
serve for two-year staggered terms. The city council shall also appoint four alternate
members of the Zoning Board of Adjustment, any of which shall serve in the absence of
one of the regular members when requested to do so by the city manager or his
designee. The alternate members shall serve for two-year staggered terms. Both
regular and alternate members may be removed from office for cause by the city council
upon written charges and after a public hearing. Vacancies shall be filled for the
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unexpired term of any member or alternate member whose term becomes vacant. All
cases to be heard by the Zoning Board of Adjustment shall always be heard by a
minimum number of four members.
(2) Officers; compensation.
The Zoning Board of Adjustment shall meet and organize as soon as practicable
and shall elect one of its members as Chairperson. Such chairperson, or in his/her
absence the acting Chairperson, may administer oaths and compel the attendance of
witnesses.
The Zoning Board of Adjustment shall serve without compensation.
(3) Rules and meetings.
The Zoning. Board of Adjustment shall adopt rules of procedure in accordance
with the provisions of the City Charter and the City's Code of Ordinances not
inconsistent with the provisions of the Texas Local Government Code § 211.008 et seq..
Meetings of the Zoning Board of Adjustment shall be at such times as the Zoning Board
of Adjustment may determine. All meetings of the Zoning Board of Adjustment shall be
held in compliance with the Texas Open Meetings Act. The Zoning Board of Adjustment
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 records of its
examinations and other official actions, all of which shall be immediately filed in the
office of the city secretary and shall be a public record.
(4) Authority
(a) The Zoning Board of Adjustment may:
(1) hear and decide an appeal that alleges error in an order,
requirement, decision, or determination made by an administrative official in the
enforcement of this subchapter or an ordinance adopted under this subchapter;
(2) hear and decide special exceptions to the terms of a zoning
ordinance when the ordinance requires the board to do so;
(3) authorize in specific cases a variance from the terms of a zoning
ordinance if the variance is not contrary to the public interest and, due to special
conditions, a literal enforcement of the ordinance would result in unnecessary hardship,
and so that the spirit of the ordinance is observed and substantial justice is done; and
(4) hear and decide other matters authorized by an ordinance adopted
under this the Cities zoning regulations.
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(b) In exercising its authority under Subsection (a)(1), the board may reverse or
affirm, in whole or in part, or modify the administrative official's order, requirement,
decision, or determination from which an appeal is taken and make the correct order,
requirement, decision, or determination, and for that purpose the board has the same
authority as the administrative official.
(c) The concurring vote of 75 percent of the members of the board is necessary
to:
(1) reverse an order, requirement, decision, or determination of an
administrative official;
(2) decide in favor of an applicant on a matter on which the board is
required to pass under a zoning ordinance; or
(3) authorize a variation from the terms of a zoning ordinance.
(5) Appeals.
(a) Any of the following persons may appeal to the Zoning Board of Adjustment
a decision made by an administrative official under the City's Zoning Regulations:
(1) a person aggrieved by the decision; or
(2) any officer, department, board, or bureau of the municipality affected
by the decision.
(b) The appellant must file with the board and the official from whom the appeal
is taken a notice of appeal specifying the grounds for the appeal. The appeal must be
filed within a reasonable time as determined by the rules of the board. On receiving the
notice, the official from whom the appeal is taken shall immediately transmit to the
board all the papers constituting the record of the action that is appealed.
(c) 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 board 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
board or a court of record on application, after notice to the official, if due cause is
shown.
(d) The board shall set a reasonable time for the appeal hearing and shall give
public notice of the hearing and due notice to the parties in interest. A party may appear
at the appeal hearing in person or by agent or attorney. The board shall decide the
appeal within a reasonable time.
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(6) Special Exceptions and Variances.
(a) All applications for special exceptions shall be in writing and shall specify the
facts involved, the relief desired, the provision of the City Code authorizing the special
exception, and the grounds therefor.
(b) Each such application shall be filed with the Community Development
Department which, after investigation, shall transmit such application together with their
report to the Zoning Board of Adjustment within fifteen business days after the filing of
the application with the administrative officer. A fee, as specified on the schedule of fees
on file in the office of the City Secretary, must accompany all applications for said
special exceptions and variances.
(c) The Zoning Board of Adjustment shall fix a reasonable time for the hearing
of all applications for special exceptions and variances, give due notice to the parties in
interest, and decide the same within a reasonable time. Upon the hearing, any party
may appear in person or by an agent or by attorney.
(7) Reserved
(8) Limitation on special exceptions and variances.
Any special exception or variance authorized by the Zoning Board of Adjustment
shall constitute authority to authorize the issuance of a zoning permit or a certificate of
occupancy, as the case may be, if applied for within 120 days from the date of favorable
action on the part of the Zoning Board of Adjustment, unless such Zoning Board of
Adjustment authorizes a longer period. If the zoning permit or certificate of occupancy
shall not have been applied for within such 120 days, or such extended period as the
Zoning Board of Adjustment may have authorized, then the grant of the special
exception or variance shall terminate. Such termination shall be without prejudice to a
subsequent application to the Zoning Board of Adjustment in accordance with the rules
and regulations regarding applications. No application to the Zoning Board of
Adjustment shall be allowed on the same piece of property prior to the expiration of six
months from a ruling of the Zoning Board of Adjustment on any application to such body
unless other property in the same block or within 500 feet thereof, within such six-month
period, has been altered or changed by a ruling of the Zoning Board of Adjustment, in
which case such change of circumstances shall permit the allowance of such an
application but shall in nowise have any force in law to compel the Zoning Board of
Adjustment, after a hearing, to grant such subsequent application, but such application
shall be considered on its merits as in all other cases.
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(9) Appeals from the Zoning Board of Adjustment.
Any person, jointly or severally, aggrieved by any decision of the Zoning Board of
Adjustment, or any taxpayer, or any officer, department, board or bureau of the City,
may present to a court of record a petition for a writ of certiorari, as provided by
V.T.C.A., Local Government Code § 211.011, duly verified setting forth that such
decision is illegal, in whole or in part, specifying the grounds of the illegality. Such
petition shall be presented to the court within ten days after the filing of the decision in
the office of the city secretary.
(10) Enforcement; Remedies
(a) If a building or other structure is erected, constructed, reconstructed,
altered, repaired, converted, or maintained or if a building, other structure, or land is
used in violation of this Section, the City Attorney, upon approval by the City Council, in
addition to other remedies, may institute appropriate action to:
(1) prevent the unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance, or use;
(2) restrain, correct, or abate the violation;
(3) prevent the occupancy of the building, structure, or land; or
(4) prevent any illegal act, conduct, business, or use on or about the
premises.
II.
If any article, section, subsection, paragraph, subparagraph, subdivision, clause,
phrase, or provision of this ordinance shall be held invalid, unenforceable, or illegal, said
invalidity, unenforceability, or illegality shall not affect any other article, section ,
subsection, paragraph, subparagraph, subdivision, clause, phrase, or provision of this
ordinance, it being the intent of the City Council that this ordinance would have been
enacted in the absence of the article, section, subsection, paragraph, subparagraph,
subdivision, clause, phrase, or provision of this ordinance having been held invalid,
unenforceable, or illegal.
Ill.
This Ordinance shall be effective upon passage and publication pursuant to state
law and the City Charter.
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PASSED AND APPROVED ON this the y day of 1:441-"u-J , 2009
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/ •I rHetA
nifer H:rtman, Mayor
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Attest:
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Peggy Cimics, City Secretary ; w ,� u
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