There is hereby created a Santa Fe Board of Adjustment. The Board of Adjustment shall act in a quasi-judicial capacity. The composition and activities of the Board shall be in accordance with Chapter 211, of the Texas Local Government Code, as amended. The Board shall be composed of five (5) regular members, and two (2) alternate members, all of whom shall be residents of Santa Fe, nominated by the Mayor and confirmed by the City Council. Alternate members shall serve in the absence of regular Board members. Each appointed member of the Board shall hold that office for a period of two (2) years or until his/her successor takes office. The members of the Board shall be appointed solely with reference to their fitness and without reference to party affiliation, and shall serve without compensation. Members may be removed by the City Council only for inefficiency, neglect of duty, or malfeasance in office. Vacancies occurring other than through the expiration of terms shall be filled only for the unexpired term by the Mayor with confirmation by the City Council.

The Board of Adjustment shall elect a chairperson and an associate chairperson and may create and fill other offices as may be deemed necessary. The term of the chairperson and associate chairperson shall be for one (1) year with eligibility for reelection.

The Board of Adjustment shall hold meetings as necessitated by requests for rulings on ordinance interpretation and variances. Said meeting shall be open to the public.

The Board shall adopt rules of operation and shall keep a record of its resolutions, transactions, findings and determinations, which shall become items of public record.

Any of the following persons may appeal to the Board of Adjustment a decision made by the Zoning Officer:

A.

A person aggrieved by the decision; or

B.

Any officer, department, Board or bureau of the City of Santa Fe.

An appeal stays all proceedings in furtherance of the action that is appealed unless the Zoning Officer certifies in writing to the Board facts supporting the officer's opinion that a stay would cause imminent peril to life or property. In such a case, the proceedings may be stayed only by a restraining order granted by the Board or a court of record.

Four (4) members of the Board of Adjustment shall be required for the transaction of business.

10.07.1. Interpretation: The Board of Adjustment may hear an appeal that alleges error in an order or decision of the Santa Fe Zoning Officer pertaining to the City's Zoning Ordinance text or map.

10.07.2. Variances: The Board shall be authorized to grant variances from the terns of the City's Zoning Ordinance if the variance is not contrary to the public interest and, due to special conditions which are not self-imposed, 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.

10.07.3. Amortization: Cases involving amortization shall require a report from the Board of Adjustment to the City Council. Said report shall identify the recommendations of the Board associated with any amortization process and schedule.

In exercising its authority the Board may reverse or affirm, in whole or in part, or modify the Zoning Officer's decision pertaining to the Zoning Ordinance. A concurring vote of four (4) members of the Board shall be necessary to:

A.

Reverse an order, requirement, decision, or determination of the Zoning Officer;

B.

Decide in favor or an applicant on a matter on which the Board is required to pass under the zoning ordinance; or

C.

Authorize a Variance.

As a part of the City's regular budgetary process the City Council shall provide funds for the necessary and appropriate expenses of the Board of Adjustment. A public accounting of the Board's expenditures for the preceding year shall be provided in the Board's annual report. The Board may recommend to the City Council the employment of professionals such as engineers, architects, landscape architects, urban planners, and other individuals to assist in the performance of the Board of Adjustment's duties.

On or before the first day of November of each year, the Board of Adjustment shall produce and disseminate to the City Council and the citizens of Santa Fe, a report on the activities of the Board during the past year. Said report shall include, but shall not be limited to the following:

A.

The number, nature, location, and record of approvals/denials of requests for Zoning Ordinance text and map interpretations;

B.

The number, nature, location and record of the approvals/denials of requests for variances;

C.

Any activities associated with amortization.

(Ord. No. 08-2024, § 1, 7-25-24)

It shall be unlawful for the Board of Adjustment to accept or act on a request for a variance which would allow a land use activity in a zoning district where it is specifically excluded by the terms of the Zoning Ordinance.