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 San Antonio
 Unified Development Code
 Article IV. PROCEDURES
 Division 10. VARIANCES AND APPEALS

§ 35-480. Generally.  

Latest version.

  • (a)

    Notice of Hearings. Public notice of hearings before the board of adjustment shall be given for each separate appeal thereby by publication one (1) time in a paper of general circulation in the city, stating the time and place of such hearing which shall not be earlier than ten (10) days from the first date of such publication, and in addition thereto, the board of adjustment shall mail notice of such hearing to the petitioner and to the owners of property lying within two hundred (200) feet of any point of the lot or portion thereof on which a variation, or exception, is desired and to all other persons deemed by the board of adjustment to be affected thereby. Such owners and persons shall be determined according to the current tax rolls of the city.

    (b)

    Powers Strictly Construed. Nothing herein contained shall be construed to empower the board of adjustment to change the terms of this article, to effect changes in the official map or to add to the specific uses permitted in any district. The powers of the board shall be so construed that this article and the official map are strictly enforced.

    (c)

    Findings of Fact. Every decision of the board of adjustment shall be based upon findings of fact and every finding of fact shall be supported in the record of its proceedings. The enumerated conditions required to exist on any matter upon which the board is required to pass under this article or to affect any variance in this chapter shall be construed as limitations on the power of the board to act. A mere finding or recitation of the enumerated conditions unaccompanied by findings of specific facts shall not be deemed findings of fact and shall not be deemed compliance with this article.

    (d)

    Recommendation From Other Public Agencies. The board of adjustment shall receive and consider recommendations from public and semi-public agencies before rendering a decision in any case before the board. To this end, the board shall, in addition to the other requirements of this chapter, notify all agencies deemed to have an interest in the case. All items requiring consideration by other city boards or commissions shall be submitted for consideration to said bodies, for a date prior to board of adjustment consideration. For the purposes of this section, submittal and review by an appropriate subcommittee of the applicable board or commission shall be deemed to meet this requirement. Additionally, pre-application conferences between the applicant and the department staff are recommended prior to submission of any item for consideration by the board.

    (e)

    Postponement of a Case.

    (1)

    Prior to the city publishing the board of adjustment case in the newspaper, an applicant may request in writing for the city to postpone the case. In such cases, the applicant shall have six (6) months from the date of the written request for postponement to reactivate the case. After expiration of the six-month period the fees paid shall be non-refundable and the applicant will have to submit a new application with new fees for further consideration of the request.

    (2)

    If a written request for postponement is submitted by the applicant after the city has published the case in the newspaper, the fees paid shall be non-refundable and the hearing will not be rescheduled until the postponement fee has been paid by the applicant. In such cases, the applicant shall have six (6) months from the date of the written request for postponement to reactivate the case; after expiration of the six-month period, the applicant will have to submit a new application with new fees for further consideration of the request.

    (3)

    If a written request for postponement is submitted by the applicant after the agenda has been posted (seventy-two (72) hours prior to the public hearing), the postponement will be considered by the board of adjustment. If approved by the board, the fees paid shall be non-refundable and the hearing will not be rescheduled until the postponement fee has been paid by the applicant. In such cases, the applicant shall have six (6) months from the date of the board's decision to grant the postponement, to reactivate the case; after expiration of the six-month period, the applicant will have to submit a new application with new fees for further consideration of the request.

    (f)

    Subsequent Applications. The following time limitations shall be imposed so that no application for a variance, special exception, or appeal shall be received or filed with the board of adjustment:

    • If within the previous twelve (12) months an application for a variance, special exception, or appeal was received, considered and denied on the same lot, lots or blocks of land.

    • If within the previous six-month period an application for a variance or special exception was withdrawn from consideration by the applicant or the applicant's representative before the board of adjustment.

    The aforementioned time limitations may be waived for variances and special exceptions if new substantial evidence is presented to the board of adjustment and only after receiving nine (9) affirmative votes shall the time limitation be waived. If granted, a new application shall be filed in the office of the director.

(Ord. No. 98697 § 6) (Ord. No. 2009-01-15-0001, § 2, 1-15-09) (Ord. No. 2010-11-18-0985, § 2, 11-18-10; Ord. No. 2015-12-17-1077 , § 2, 12-17-15)