§ 35-801. Board of Adjustment.

(a)

Creation of Board of Adjustment. There is hereby created a board of adjustment consisting of eleven (11) members and six (6) alternate members to be appointed by the city council. Each member of the governing body, including the mayor, may nominate one (1) member to the board. All members, including alternates, must be residents of the City of San Antonio. Said board shall have all powers vested by the V.T.C.A. Local Government Code Ch. 211.

(b)

Terms, Removal of Members. All members of the board shall be appointed for a term of two (2) years ending on May 31 of odd-numbered years and shall serve until their successors are appointed and qualified and shall be removable for cause by the city council upon written charges and after public hearing.

(c)

Vacancies. Vacancies in the regular membership of the board of adjustment shall be filled by the city council member from whom the appointment originated for the unexpired term of vacancy. Vacancies of the alternate board of adjustment member(s) shall be appointed at large by the city council, and determined by majority vote, for the unexpired term of vacancy. The alternate members serve for the same period and are subject to removal the same as regular members.

(d)

Minimum of Nine (9) Members at Hearings. The alternate members of the board of adjustment shall serve in the absence of one (1) or more regular members when requested by the director of development services so that all cases heard by the board of adjustment will always be heard by a minimum of nine (9) members, in conformity with state law requiring that seventy-five (75) percent of the members of the board hear each case.

(e)

Minutes/Records. The board 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 action, all of which shall be immediately filed in the office of the board and shall be a public record open to inspection at reasonable times and upon reasonable notice in accordance with the Public Information Act, Texas Government Code Ch. 552.

(f)

Meetings and Rules. The board may have weekly meetings or at the call of the chairman or in his absence the acting chairman, and at such other times as the board may determine. All board meetings shall be open to the public in accordance with the Texas Open Meetings Act, Texas Government Code Ch. 551. The board may adopt rules consistent with this chapter or state law to govern its proceedings.

(g)

Powers of Board. The board of adjustment shall have the following powers and duties which must be exercised in accordance with this chapter:

• To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter.

• To hear and decide special exceptions in those specific instances authorized by this chapter.

• To authorize upon appeal in specific cases, and subject to appropriate conditions and safeguards, such variances from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of the chapter shall be observed and substantial justice done. The variance must be necessary to permit development of a specific parcel of land which differs from other parcels of land by being of such a restrictive area, shape, or slope that it cannot be developed in a manner commensurate with the development upon other parcels of land in districts with the same zoning district. A variance may not be granted to relieve a self-created or personal hardship, nor for financial reasons only, nor may a variance be granted to permit any person a privilege in developing a parcel of land not permitted by this chapter to other parcels of land in districts with the same zoning district.

• In exercising its authority, 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. The concurrent vote of seventy-five (75) percent of the members of the board is necessary to reverse an order, requirement, decision, or determination of an administrative official; decide in favor of an applicant on a matter on which the board is required to pass under a zoning ordinance; or authorize a variation from the terms of a zoning ordinance.

For purposes of this section, "administrative official" means the director within a city department having the final decision-making authority within the department relative to this chapter.

(h)

Compensation of Members. Each member of the board of adjustment of the city shall receive as compensation for this service the sum of twenty dollars ($20.00) for each regular meeting of the board attended by such member, provided such compensation shall not exceed one thousand forty dollars ($1,040.00) for any one (1) member during any one (1) year.

(i)

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.

(j)

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.

(k)

Findings of Fact. Every decision of the zoning 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 or special exception 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.

(1)

Power to Make Special Exceptions. The zoning board of adjustment may make special exceptions to the terms of this chapter only as specifically provided for in this chapter; however, the board shall not grant a special exception unless it makes specific findings that:

A.

The exception will be in harmony with the spirit and purposes of his chapter.

B.

The public welfare and convenience will be substantially served.

C.

The neighboring property will not be substantially injured by such proposed use.

D.

The exception will not alter the essential character of the district and location which the property for which the exception is sought.

E.

The exception will not weaken the general purpose of this chapter or the regulations herein established for the specific district.

(2)

Record of Action. The above findings of the board shall be incorporated into the official minutes of the board meeting in which the special exception is authorized.

(l)

Recommendation From Other Public Agencies. The board of adjustment shall receive and consider recommendations from public and semipublic agencies, as applicable, 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.

(Ord. No. 65513, § 2(f), 8-13-87) (Ord. No. 98697 §§ 4 and 6) (Ord. No. 2006-11-30-1333, § 2, 11-30-06) (Ord. No. 2012-10-18-0829, § 2, 10-18-12)(Ord. No. 2015-12-17-1077 , § 2, 12-17-15)