1994S18- AMENDING ARTICLE XXVII
ORDINANCE NO. CJ'tI-5-rl
ORDINANCE CREATING BOARD OF ADJUSTMENT
CITY OF SCHERTZ
AN ORDINANCE, AMENDING ARTICLE XXVII OF THE
SCHERTZ ZONING ORDINANCE NO. 87-S-1, CREATING
THE CITY OF SCHERTZ BOARD OF ADJUSTMENT,
PRESCRIBING THE DUTIES AND QUALIFICATION OF iTS
MEMBERS AND THEIR TERM OF OFFiCE, PROVIDING
FOR THE APPOINTMENT OF ITS MEMBERS, THE
METHOD OF FILLING VACANCIES, PROVIDING FOR
ADOPTION OF RULES, REGULATIONS AND BY-LAWS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT Ordinance No. 87-S-1, Article XXVII, Section 1 is hereby repealed
and replaced as follows:
Section 1
Creation and Purpose
A Board of Adjustment (BOA) is created pursuant to Section 8.02 of the City Charter for
the following purposes:
(1) To hear and decide appeals when error is alleged in any order, requirement, decision,
or determination made by an administrative official in enforcement of the Zoning
Ordinance.
(2) To hear and decide special exceptions to the terms of the Zoning Ordinance in
appropriate cases and subject to appropriate conditions and safeguards. Special
exceptions must be consistent with the general purpose and intent of the Ordinance and
in accordance with any applicable rules contained in the Zoning Ordinance.
(3) To authorize on appeal, variances from the terms of the Zoning Ordinance that will not
be contrary to the public interest, when because of special conditions a literal
enforcement of the Zoning Ordinance will result in unnecessary hardship, so the spirit of
the Zoning Ordinance will be observed and substantial justice done.
Additional duties may be assigned by the City Council as deemed necessary in pursuit of
the spirit and intent of the Zoning Ordinance.
II
THAT Ordinance No. 87-S-1, Article XXVII, Section 2 is
amended as follows:
Section 2
Membership and Appointment
(1) The BOA shall consist of five (5) members who shall be appointed by City Council.
Each member of the BOA shall be appointed for a term of two (2) years. All cases before
the BOA must be heard by a minimum of four members. The concurring vote of at least
four members is required to reverse administrative decisions, grant special exceptions,
authorize variances and take any other action authorized by this ordinance.
(2) The City Council may remove members of the BOA from office for cause which may
include three (3) consecutive unexcused absences from regularly called meetings, on a
written charge after a public hearing. A vacancy on the BOA shall be filled by
appointment by the City Council for the unexpired term.
(3) The BOA members shall elect a Chairman, Vice-Chairman, Secretary, and other
officers as they deem necessary. Upon notification by the BOA Secretary of an appeal
forwarded from the Planning and Zoning Commission, the Chairman, or in the absence of
the Chairman, the Vice-Chairman will schedule a public hearing to hear and act upon the
appeal.
(4) Other than the Chairman and Vice Chairman, who shall be members of the BOA, the
Secretary and such other officers as the BOA deems necessary may be selected either
from the BOA's membership or from Staff representatives assigned to the BOA by the
City Manager of Schertz to work with the BOA.
(5) The BOA shall establish rules and keep minutes in accordance with applicable law.
(6) Copies of all actions by the BOA will be sent to the City Council for information
purposes.
The current Section 2, as follows, stays the same but is renumbered as Section 3.
-2-
The current Section 3, as follows, stays the same but is renumbered as Section 4.
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.3.
III
THAT Ordinance No. 87-S-1, Article XXVII, Section 4 is repealed and
replaced by the following:
Section 5
Application for Special Exception
All applications for Special Exception shall be by appeal to the BOA and must state the
grounds for the appeal. Appeals to the BOA may be initiated by the owner or authorized
representative of the affected property or any person aggrieved by any officer,
department or board of the City affected by any decision related to land use. Such
appeals shall be forwarded first to the Planning and Zoning Commission (P&Z) for
review. Appeals will be reviewed by the P&Z during the next regularly scheduled P&Z
meeting following which the P&Z shall forward the recommendation, including full written
justification either for or against the request, to the BOA. Upon receipt of the P&Z
recommendation, the BOA Secretary will schedule a public hearing for the purpose of the
appeal as provided by the rules of the BOA. The BOA Secretary will transmit to the
Board all papers constituting the record on which the action appealed from was taken.
The current Section 5, as follows, stays the same but is renumbered as Section 6.
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The current Section 6, as follows, stays the same but is renumbered as Section 7.
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The current Section 7, as follows, stays the same but is renumbered as Section 8.
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IV
THAT Ordinance No. 87-S-1, Article XXVII is hereby amended by adding
Section 9 as follows:
Section 9
Disqualification from Voting
A member of the BOA shall disqualify himself or herself from voting whenever he or she
finds the following conditions exist:
(1) A personal or monetary interest relevant to the appeal before the BOA;
(2) He or she will be directly affected by the decision of the BOA;
(3) Whenever any applicant, or their agent, has sought to influence the vote of the
member on the application, other than in the public hearing.
V
All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed.
APPROVED on first reading the Ll.-dayof SuLI ,199ft.
~~9ED. APPROVED AND ADOPTED th;, th.~-7 ,. 0') "q ",d:-
';41/-;k~~!1 '-
Mayor, 6ity of Schertz
(SEAL OF CITY)
-6-
1
1400 SCHERTZ PARKWAY
P. O. DRAWER I
SCHERTZ, TEXAS 78154-0890
AC (512) 658-7477
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CDS Form No. FOOOl(Rev. 3-91)
ORDINANCE NO. 94-S-18
AN ORlJrr~ANCE CREATl NG 1$0AkD Or ADJUS 1 MENT
C!TY uF SL:HEI(TZ
AN OiWIr~MCE, AMENDING ARTICLE XXVlI Or THE SCHER1Z ZONING Oi<DINANCE
NU. 87-S-I, Ci<EArING THE CI1Y O~ SCHERiZ BOARD uF ADJUSTMENT, PRE-
SL:RIl$INli THt DUllE::, ANu QUALHICATIUN Or ITS MEivlBEkS AND THElk TEi<M OF
OFFICE, PkOVJOING FUR THE APPOINTMENl OF iTS ~lEMIJERS, THE METHUD Of'
FILLING VACANCIES, PROV IDING f'OR ADOPTIUN Or RULES, REGULATIONS AND
I>Y-LAWS.
Passed, approved and adopTed the 2nd aay of August, 1994.
,June Ii. Krause, L: ity Secretary