Wichita Falls City Zoning Code
7000 ADMINISTRATIVE
PROCEDURES
§ 7105 Purpose.
The purpose of the site plan review procedure is to allow for the evaluation of site and design features of uses other than single-family or duplex to ensure compatibility with adjacent and neighboring land uses; to afford a procedure for mitigating potentially unfavorable effects on adjacent or neighboring land uses; to ensure compatibility with the thoroughfare plan and other plans; and to ensure compliance with other regulations. Sections 7100 through 7130 shall be known as the site plan review procedure.
(Ordinance 11-96, sec. 1, adopted 2/6/96)
§ 7110 Jurisdiction and appeal process.
A.
The Planning Division shall be responsible for the administration of the site plan review procedure, who may use the services of other city departments in the administration of this provision.
B.
The Board of Adjustment shall be responsible to review and rule on administrative appeals in the interpretation of this provision under provisions as provided in section 7400.
C.
The Commission will be responsible for reviewing conditions placed on a site plan if the applicant requests such an appeal to the Commission by filing a request with the director of community development or [his] designee along with any fee required. Such request shall be placed on the agenda of the next regularly scheduled meeting of the Commission, but not less than 15 days from the date of receipt of such application, using the public notice procedure prescribed in section 7615.
(Ordinance 11-96, sec. 1, adopted 2/6/96)
§ 7115 Submission requirements.
A.
The site plan shall contain information necessary to evaluate the site for aesthetic appearance from public streets, its effect upon adjacent and neighboring land uses and the effect of such a plan upon traffic circulation. A site plan shall include the following information, and each element shall be detailed on the site plan with the appropriate notes:
1.
Name, address, and phone number of the applicant.
2.
Address and legal description of the property.
3.
The location, height, and intended use of existing and proposed buildings.
4.
The construction material of each building proposed or proposed to remain.
5.
Location of proposed or proposed to remain elements such as power poles and associated easements, other easements as may exist on the site, fences, water retention or detention facilities, and other such features or elements.
6.
The location and number of existing and proposed parking areas including handicapped spaces and required signage.
7.
Location of loading and docking areas and associated maneuvering areas. Maneuvering areas shall be documented on the site plan by showing the turning radius of a tractor/trailer truck using a tractor with dual rear axles and a trailer with dual axles unless other docking facility is proposed using other types of vehicles, and approved as to the type of vehicles. The intent of this provision is to ensure obstruction-free maneuvering areas so as to not interfere or encroach with such required site elements as landscaping, parking and other such site elements.
8.
Location and dimensioning of all ingress and egress points, curb cuts, adjacent rights-of-way and paving width, median locations and median openings, nearest streets intersecting this street and nearest signalized or otherwise controlled intersection.
9.
The location, description and height of proposed and proposed to remain site improvements including signs, lighting, fencing, drainage improvements, etc.
10.
The location, type and other such information as to proposed or proposed to remain landscaping materials.
11.
The location of irrigation lines for proposed and proposed to remain landscaping.
12.
Location, type and description of the condition of existing trees whose caliper exceeds four inches, and those trees proposed for removal whose caliper exceeds six inches.
13.
Location of floodplain and floodway boundaries if property is within these areas. If a project is proposed within a flood plain, a finished floor elevation shall be shown on all proposed structures.
14.
The location and dimension of boundary line easements and required yards of all existing and proposed buildings.
15.
The types of adjoining land uses.
16.
Location of all structures or other above grade elements proposed for demolition. If an area is proposed for fill, the applicant may be required to provide necessary calculations in conformance with the code of ordinances. In fulfilling this requirement, a grading plan may be required by the director of public works.
B.
To maintain compatibility of land uses along arterials and highways, an elevation plan may be requested to review the proposal and its relationship to adjacent or neighboring land uses. Such a plan may become a part of the building permit and will be reevaluated prior to issuance of a certificate of occupancy to ensure compliance to regulations herein.
C.
The director of community development shall have final authority to approve a site plan and shall ensure that site elements and placement thereof are in the best interest of the community as to appearance as viewed from a public street, function in relation to on-site and off-site traffic circulation, and the proposal in relationship to adjacent or neighboring land uses.
(Ordinance 11-96, sec. 1, adopted 2/6/96)
§ 7120 Approval process.
A.
The application for site plan review shall be filed with the director of community development or [his] designee, who shall approve, conditionally approve, or disapprove a site plan within 21 days of the submission.
B.
A site plan receiving approval shall be considered preliminarily approved. Final approval shall be the result of determinations made by the building official as to conformance of the as-built conditions in relationship to the approved site plan. If it is determined by the building official that the built site is not in conformance with the approved site plan, the director of community development shall determine whether or not the built condition of the site is in conformance with section 7115 A as it relates to the effect of the site conditions upon on-site and off-site traffic circulation and the effect upon adjacent or neighboring land uses. If the director determines that the built site is in conformance with the intent of this provision, he shall order that a certificate of occupancy be issued. Such order shall consider conformance to other regulations as may apply or [be] required by this Code of Ordinances.
(Ordinance 11-96, sec. 1, adopted 2/6/96)
§ 7125 Review criteria.
Site plans will be reviewed and evaluated for consistency with the zoning ordinance and other ordinances or plans as may apply.
(Ordinance 11-96, sec. 1, adopted 2/6/96)
§ 7130 Lapse of approval.
A site plan approval shall be valid for one year from the date of approval unless prior to such expiration date a building permit is issued and construction has commenced, is currently underway and is being diligently pursued towards completion.
A site plan may be renewed for an additional year only upon application by the applicant; however, such renewal may be subject to additional conditions of approval. Under this provision, no previous site plan shall be considered unless in compliance with this provision.
(Ordinance 11-96, sec. 1, adopted 2/6/96)
§ 7205 Purpose.
The purpose of the conditional use procedure is to allow for review of uses which would not be appropriate generally or without certain restrictions throughout a zoning district but which, if controlled as to the number, area, location or relation to the neighborhood, would promote the health, safety, and welfare of the community. The procedure is intended to allow broad public review and evaluation of the proposed development and to ensure adequate mitigation of potentially unfavorable impacts. Sections 7200 through 7255 shall be known as the conditional use procedure.
§ 7210 Jurisdiction.
The director of community development shall be responsible for the administration of the conditional use procedure; and the Commission shall be responsible for review, evaluation and action on all applications.
§ 7215 Submission requirements.
An application for a conditional use permit shall be submitted to the director of community development, along with any applicable fee required by section 7650, at least 21 days prior to the regular meeting of the Commission. The application shall include the same submission requirements for site plan review in section 7115.
§ 7220 Public hearing and notice.
The director of community development shall schedule a public hearing at the next regular meeting of the Commission and shall provide notice as prescribed in section 7620.
§ 7225 Report of the director of community development.
The director of community development shall review the application and submit a report to the Commission. This report shall be made available to the applicant at least ten days prior to the public hearing.
§ 7230 Action by the Commission.
The Commission shall review the application against the review and evaluation criteria established in section 7235 and approve, conditionally approve, or disapprove the conditional use application.
§ 7235 Review and evaluation criteria.
The conditional use application shall be reviewed and evaluated using the following criteria:
A.
Conformance with applicable regulations and standards established by this zoning ordinance.
B.
Compatibility with existing or permitted uses on abutting sites, in terms of building height, bulk and scale, setbacks and open spaces, landscaping and site development, and access and circulation features.
C.
Potentially unfavorable effects or impacts on other existing or permitted uses on abutting sites, to the extent such impacts exceed those which reasonably may result from use of the site by a permitted use.
D.
Location, lighting, and type of signs, and relation of signs to traffic control, and adverse effect on adjacent properties.
E.
Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonable and anticipated in the area considering existing zoning and land uses in the area.
§ 7240 Conditional approval process.
The Commission may place conditions upon the issuance of a conditional use permit and may condition its approval to ensure compliance with the intent of this provision. Such conditions shall include, but are not limited to:
A.
Limits on the floor area of a use.
B.
Limits of the hours of operation of a use.
C.
Limits on activities within the use.
D.
Approval of building elevation designs.
E.
Approval of uses ancillary to the primary use.
F.
Site ingress and egress.
G.
Approval of site circulation plan.
H.
Location of parking.
I.
Location of loading and docking facilities.
J.
Need for fencing and type of required fencing or other screening devices.
K.
Location, height and dimensions of signs.
L.
Other conditions which may be appropriate to ensure compatibility with adjacent or neighboring land uses and traffic patterns.
(Ordinance 10-96, sec. 1, adopted 2/6/96)
§ 7245 Appeals process.
A decision of the Commission may be appealed to the city council by filing such appeal with the director of community development, along with any fee required by section 7650, within ten days of the Commission decision. The appeal shall be placed on the agenda of the next regularly scheduled meeting of the city council, but not less than 15 days from the date of receipt of such appeal, using the public notice procedure prescribed in section 7625.
§ 7250 Lapse of approval.
A conditional use permit shall be valid for one year from the date of approval unless prior to such expiration date a building permit is issued and construction is commenced and diligently pursued towards completion.
A conditional use permit may be renewed for an additional year by the Commission upon application. Such renewal may be subject to additional conditions of approval.
§ 7255 Modification of conditional use permit.
Minor modifications of a conditional use permit may be modified if the director of community development determines such conditions will not change the intent and affect of the approval by the Commission.
§ 7305 Purpose.
The purpose of the variance procedure is to provide relaxation of the terms of this zoning ordinance when owing to conditions peculiar to the property and not the result of actions of the applicant a literal enforcement of the ordinance would result in unnecessary and undue hardship. Sections 7300 through 7345 shall be known as the variance procedure.
§ 7310 Jurisdiction.
The director of community development shall be responsible for the administration of the variance procedure; and the Board of Adjustment shall be responsible for review, evaluation, and action on all applications.
§ 7315 Applicability.
A variance may be authorized only for development standards, including sizes of lot area, yards, setbacks, heights, etc. This procedure shall not be applicable to establishment or expansion of a use [which] is otherwise prohibited or to grant relief from administrative procedures.
§ 7320 Submission requirements.
The application for variance shall be submitted to the director of community development, along with any applicable fee required by section 7650, at least 21 days prior to the regular meeting of the Board of Adjustment. The application shall include the following:
A.
Name, address, and phone number of the applicants.
B.
Legal description of the property.
C.
Description of the nature of the variance requested.
D.
A narrative statement demonstrating that the requested variance conforms to the following standards:
(1)
That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.
(2)
That literal interpretation of the provisions of this ordinance would deprive the applicant of a right commonly enjoyed by other properties in the same district under the terms of this ordinance.
(3)
That the special conditions and circumstances do not result from the actions of the applicant.
(4)
That the granting of the variance would otherwise be in harmony with the objectives of this ordinance and would not confer upon the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district.
E.
Such other information as the director of community development may require.
§ 7325 Public hearing and notice.
The director of community development shall schedule a hearing by the Board of Adjustment by placing it on the agenda of the next regularly scheduled meeting of the board, and shall provide notice as prescribed in section 7630.
§ 7330 Report of the director of community development.
The director of community development shall review the variance application and submit a report to the Board of Adjustment. This report shall be made available to the applicant at least ten days prior to the public hearing.
§ 7335 Action by the Board of Adjustment.
The Board of Adjustment shall review the variance application against the review and evaluation criteria established in section 7340 and shall either approve or deny the request unless it requires additional information before it can make a final determination. In such case, the board shall request the specific information required and schedule a rehearing at its next regular meeting.
The concurring vote of four members of the Board of Adjustment shall be necessary to grant a variance.
§ 7340 Review and evaluation criteria.
The application for variance shall be reviewed and evaluated using the following criteria:
A.
The granting of the variance will not be contrary to the public interest.
B.
Special conditions exist, other than financial hardship alone, whereby a literal enforcement of the terms of this ordinance will result in unnecessary hardship to the owner of the land.
C.
The variance will not permit an activity upon the land which is not allowed by the terms of this ordinance.
D.
The granting of the variance is consistent with the intent of this ordinance, is in harmony herewith, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
§ 7345 Lapse of approval.
Any variance granted or authorized by the Board of Adjustment under the provisions of this ordinance shall authorize the issuance of the building permit for a period of 180 days from the date of favorable action of the board unless said board shall have in its action approved a longer period of time and has so shown such specific longer period in the minutes of its action. If the building permit shall not have been applied for within said 180-day period or such extended period, as the board may have specifically granted, then the variance shall be deemed to have been waived and all rights thereunder terminated. Such termination and waiver shall be without prejudice to a subsequent appeal, and such subsequent appeal shall be subject to the same regulation and requirement for hearing as herein specified for the original appeal.
§ 7405 Purpose.
The purpose of the administrative appeals procedure is to afford review of administrative actions. Appeals concerning the interpretation or administration of this ordinance may be made by any person aggrieved, where such action may be in error. Sections 7400 through 7435 shall be known as administrative appeals.
§ 7410 Jurisdiction.
Administrative appeals shall be reviewed, evaluated, and acted on by the Board of Adjustment.
§ 7415 Appeals.
Appeals to the Board of Adjustment may be taken by any person aggrieved, or by any officer, department, or board of the city affected by the administrative decision of the director of community development or other officials having responsibilities for the administration or implementation of this ordinance.
§ 7420 Submission of appeals.
All appeals shall be submitted within 15 days time after the decision is made upon which the appeal is based, by filing with the director of community development a notice of appeal, specifying the grounds upon which the appeal is based along with any fee required by section 7650. The burden of proof shall rest with the appellant to establish the necessary facts to warrant favorable action by the board.
§ 7425 Stay of proceedings.
An appeal shall stay all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.
§ 7430 Public hearing and notice.
The Board of Adjustment shall hold a public hearing at its next regularly scheduled meeting, but no sooner than 21 days. Notice of such public hearing shall be given as provided for in section 7630. Upon the hearing any party may appear in person or by agent or by attorney.
§ 7435 Action by Board of Adjustment.
The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under these provisions.
§ 7505 Purpose.
The purpose of the amendment procedure is to provide for changes in the text of this zoning ordinance (text amendment) and the application of the ordinance to property within the city by means of the zoning maps (rezoning). Sections 7500 through 7599 shall be known as the amendment procedure.
§ 7510 Jurisdiction.
The city council shall have jurisdiction with respect to text amendments and rezoning. The Commission shall review and submit recommendations to the city council on all such matters.
§ 7515 Initiation of amendments.
The city council or the Commission may initiate the amendment procedure. A rezoning may also be initiated by the owners or authorized agents of property as prescribed in this [ordinance].
§ 7520 Submission requirements.
An application for rezoning shall be submitted to the director of community development, along with any applicable fee required by section 7650, at least 21 days prior to the regular meeting of the Commission. The application shall include the following information:
A.
Complete name, address (including ZIP code), and telephone number of applicant.
B.
Map of the area proposed for rezoning.
C.
Present use.
D.
Present zoning district.
E.
Proposed use.
F.
Proposed zoning districts.
G.
A vicinity map at a scale approved by the city Division of Community Development showing property lines, streets, existing and proposed zoning and such other items as the director of community development may require.
§ 7525 Public hearing and notice.
The director of community development shall schedule a public hearing at the next regular meeting of the Commission and shall provide notice as prescribed in section 7635.
§ 7530 Report of the director of community development.
The director of community development shall review the application for rezoning and submit a report to the Commission. This report shall be made available to the applicant at least ten days prior to the public hearing.
§ 7535 Action of the Commission.
The Commission shall determine as to whether the change is consistent with the objectives of the comprehensive plan and shall make recommendations to the city council. The Commission may recommend a more restrictive classification than that requested by the applicant.
§ 7540 Action by the city council.
A.
Upon receiving a recommendation from the Commission, the city council shall hold a public hearing on the text amendment or rezoning. Notice of the public hearing shall be given and prescribed in section 7635.
B.
If the city council finds that the proposed change is consistent with the objectives of this ordinance or the comprehensive plan, it may make such amendment by passage of an ordinance.
C.
Such amendment shall require three-fourths vote of the city council if protest of amendment has been filed with the director of community development, duly signed and acknowledged by the owners [of] at least 20 percent of the lots included in the proposed change or of the lots or land immediately adjoining the same and extending 200 feet therefrom.
§ 7545 Resubmission of request.
Upon denial of a request for any change, amendment, or any other action requiring action on this ordinance by the Commission, Board of Adjustment, or city council, no resubmittal shall be made within six months from the date of the latest request, unless the applicant can show that substantial changes affecting the respective property have occurred. The Community Development Director shall determine if substantial changes have taken place.
(Ordinance 32-94, sec. 1, adopted 3/16/94)
§ 7605 Purpose.
The purpose of this public notice procedure is to establish the minimum requirement for notice to be given with respect to public hearings required by this ordinance. The purpose of the fee schedule is to establish fee applications and permits in order to defray administrative costs. Sections 7600 through 7650 shall be known as public notice procedures and fee schedules.
§ 7610 Procedure for notifying property owners.
Whenever public notice calls for notifying property owners by mail, such notice shall be served by depositing the same, properly addressed and postage paid, in the Wichita Falls Post Office, not less than ten days before the date set for the public hearing to all such owners who have rendered their property for city taxes as the ownership appears on the last official city tax roll.
§ 7615 Public notice for site plan review appeals.
Notice of public hearing by the Commission for a site plan review appeal shall be given as follows: Notice of the public hearing shall be posted at least 72 hours prior to the public hearing in accordance with the open meetings law.
§ 7620 Public notice for conditional use permits.
Notice of public hearing for a conditional use permit by the Commission shall be given as follows:
A.
Notice shall be given to property owners of real property lying within 200 feet of the property on which a conditional use permit is being sought. Such notice shall be given at least ten days prior to the public hearing in accordance with procedures prescribed in section 7610.
B.
Notice of the public hearing shall be posted at least 72 hours prior to the public hearing in accordance with the open meetings law.
§ 7625 Public notice of conditional use appeal.
Notice of public hearing by the city council for a conditional use permit appeal shall be given as follows: Notice of the public hearing shall be posted at least 72 hours prior to the public hearing in accordance with the open meetings law.
§ 7630 Public notice for variances and administrative appeals.
Notice of the public hearing for a variance or administrative appeals shall be given as follows:
A.
Notice of the public hearing shall be posted at least 72 hours prior to the public hearing in accordance with the open meetings law.
B.
Notice shall be given to the parties in interest by mail at least ten days prior to the public hearing date.
C.
At least 15 days prior to the date of the Zoning Board of Adjustment public hearing, the applicant or his agent shall place a sign or signs on the property for which the variance or administrative appeal has been submitted. Such signs shall be placed on the property, within ten feet and parallel to any street right-of-way, and shall be visible from such streets. These signs shall be furnished by the city for a fee prescribed in this ordinance, and the applicant shall use best effort to maintain posting throughout the period of the public hearings.
D.
Written notice shall be given to property owners of real property lying within 200 feet of the property on which a variance is being sought. Such notice shall be given at least ten days prior to the public hearing in accordance with procedures prescribed in section 7610.
(Ordinance 76-86, sec. 1, adopted 9/16/86)
§ 7635 Public notice for zoning amendments.
Notice of zoning amendments shall be given as follows:
A.
Commission public hearing.
1.
Notice of the public hearing shall be published at least 15 days prior to such public hearing date in a newspaper of general circulation in the city.
2.
Written notice shall be given to property owners of real property of the area of the lots or land included in such proposed change and of the lots or land immediately adjoining the same and extending 200 feet therefrom. Such notice shall be given in accordance with the procedure prescribed in section 7610.
3.
Notice of the public hearing shall be posted at least 72 hours prior to the public hearing in accordance with the open meetings law.
B.
City council public hearing.
The notice of the city council public hearing on a zoning amendment will be similar to the procedure prescribed for the Commission public hearing. However, such notice shall not be given concurrently with the Commission notice.
C.
At least 15 days prior to the date of the Commission public hearing, the applicant or his agent shall place a sign or signs on the property proposed for rezoning. Such signs shall be placed on the property, within ten feet and parallel to any street right-of-way, and shall be visible from such street. These signs shall be furnished by the city for a fee prescribed in this ordinance, and the applicant shall use best effort to maintain posting throughout the period of the public hearings.
§ 7650 Fee schedule.
Fees shall be established as provided in the fee ordinance passed by the city council, which may from time to time adjust and revise the fees without amending this ordinance.
(Ordinance 83-85, sec. 9, adopted 8/6/85; Ordinance 28-86, secs. 11, 12, adopted 4/1/86; Ordinance 76-86, sec. 1, adopted 9/16/86; Ordinance 104-86, sec. 1, adopted 12/16/86; Ordinance 89-87, sec. 2, adopted 9/15/87)
§ 7700 Enforcement.
The provisions of this zoning ordinance shall be administered and enforced by the Community Development director. Sections 7700 through 7705 shall be called enforcement.
§ 7705 Duties of the director of community development.
For the purpose of this ordinance, the director of community development shall have the following duties:
A.
Responsible for the general administration of the zoning program as outlined in this ordinance and ensuring compliance with its various provisions;
B.
Upon finding that any of the provisions of this ordinance are being violated, notify in writing the persons responsible for such violations, ordering the action necessary to correct such violation;
C.
Order discontinuance of illegal uses of land, buildings, or structures;
D.
Order removal of illegal buildings or structures or illegal additions or structural alterations;
E.
Order discontinuance of any illegal work being done; or
F.
Take any other action authorized by this ordinance to ensure compliance therewith or to prevent violations thereof.
This may include the issuance of and action on zoning permits and certificate of occupancy permits and such other administrative duties as are permissible under the law. |
§ 7805 Establishment.
[There] is hereby created and established a Board of Adjustment which shall be organized and have all the powers and authority as set forth in the Charter of the City of Wichita Falls, Texas, and Texas Local Government Code sec. 212.001 et seq., or as the same is hereafter amended.
§ 7810 Organization and memberships.
The Board of Adjustment shall consist of five members who shall be residents of the city. The city council shall also appoint one ex-officio, non-voting member. The ex-officio member of the board does not have to be a resident of the city and shall be nominated by the military installation, Commander of the 82nd Training Wing. The board members shall be appointed by the city council. The terms of such members shall be for a period of two years; however, the terms shall be so staggered commencing on December 31 so that not more than three will be appointed during any one calendar year. The length of service of any member of the Board of Adjustment shall not be for more than six consecutive years; however, a member may be reappointed after an absence of two years. The city council shall nominate one of the voting members as chairperson, and the chairperson shall appoint one of the remaining voting members vice-chairperson, both of which shall not serve more than a two-year term. The city council also shall appoint four alternate members who shall serve in the absence of one or more of the regular voting members. All appointees shall serve without compensation and may not hold an elective office of the state or political subdivision thereof.
(Ordinance 02-2016, sec. 2, adopted 1/5/16, eff. adopted 2/5/16)
§ 7815 Vacancies and removal from office.
Members of the Board of Adjustment may be removed by the city council upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant for any cause.
§ 7820 Quorum.
For the purpose of transacting any business, four voting members of the Board of Adjustment shall constitute a quorum and actions of the board shall be approved by a majority vote; except that a concurring vote of four voting members of the board shall be required to make a favorable determination for an application on any matter upon which it is required to pass under this ordinance or to effect any variation in this ordinance.
(Ordinance 02-2016, sec. 3, adopted 1/5/16, eff. adopted 2/5/16)
§ 7825 Rules of procedure.
The Board of Adjustment shall adopt its own rules of order and procedure to regulate both the actual meeting of the board and the activities directly related, thereto. The rules shall deal only with procedural matters and shall be available to the public and kept on file in the Community Development Department.
§ 7830 Public meeting required.
All meetings of the Board of Adjustment shall be open to the public. The board shall meet not less than once each month or as necessary.
§ 7835 Powers and duties.
The Board of Adjustment shall have the power and it shall be its duty:
A.
Administrative appeal.
To hear and decide appeals, where it is alleged there is an error in any order, requirement, decision, or determination made by any administrative official of the city in the enforcement of this ordinance. The concurring vote of four members of the board shall be necessary to reverse any such order, requirement, decision, or determination; or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance; or to effect any variation in the ordinance.
B.
Variance.
To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship and the granting of the variance would provide substantial justice conforming with the spirit and intent hereof.
§ 7840 Records.
The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question or if absent of failing to vote indicating such fact, and shall keep a record of its examination and other official actions, all of which shall be filed in the office of the Community Development Department and shall be a public record.
§ 7905 Organization and membership.
The Commission shall consist of nine members appointed by the city council. The city council shall also appoint one ex-officio, non-voting member. The ex-officio member of the board shall be nominated by the military installation, Commander of the 82nd Training Wing. The term of each member shall be for a period of two years; however, the terms shall be staggered. The city council shall also appoint two alternate members who shall serve in the absence of one or more of the regular voting members when requested to do so by the director of community development or [his] designee. Terms for members of the Commission shall expire on December 31.
(Ordinance 110-93, sec. 1, adopted 9/7/93; Ordinance 105-99, sec. 3, adopted 10/5/99; Ordinance 02-2016, sec. 4, adopted 1/5/16, eff. adopted 2/5/16)
§ 7910 Quorum.
For the purpose of transacting any business, five voting members of the Commission shall constitute a quorum; and all actions of the Commission shall be approved by a vote of no less than five affirmative votes.
(Ordinance 02-2016, sec. 5, adopted 1/5/16, eff. adopted 2/5/16)
§ 7915 Powers and duties.
The Commission shall have the power and it shall be its duty:
A.
To review and take action on appeals to the site plan review procedure.
B.
To conduct public hearings, review and take action on a conditional use permit application.
C.
To conduct public hearings on any applications or proposals for any amendment, supplement, or other change to this zoning ordinance and make recommendations to the city council.
D.
To act with and assist all other municipal and governmental agencies, and particularly the city council, in formulating and executing proper plans of municipal development and growth including annexation and disannexation.
E.
To act in an advisory capacity to the city council on issues related to planning and zoning as may be assigned by the city council.
(Ordinance 105-99, sec. 2, adopted 10/5/99)
