Such bylaws shall include among other items, provisions for:
1) Regular and special meetings, open to the public; 2) Records of
its proceedings, to be open for inspection by the public; 3) Report
to the governing body and the public, from time to time and annually;
and 4) Procedure for the holding of public hearings on its recommendations.
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When an application for amendment to the zoning district map
has been denied by the city council, or withdrawn or abandoned by
the applicant, a new application for the same or a similar change
of zoning on the same property will not be received by the city planning
and zoning commission until the expiration of six (6) months time
from the date of such denial or unless the city planning and zoning
commission shall find that conditions have changed so as to warrant
an earlier hearing or that it is then in the public interest that
an earlier rehearing be granted.
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All meetings of the board shall be open to the public, and shall
be held in the council chamber of the City of Alamo Heights. The board
shall keep minutes of its proceedings, showing the vote of each member
upon each question and shall keep records of its examinations and
other official actions, all of which shall be immediately filed in
the office of the board and shall be a public record.
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Appeals to the board of adjustment can be taken by any person
aggrieved or by an officer, department or board of the municipality
affected by any decisions of the administrative officer. Such appeal
shall be taken within the time specified by the rules of the board
after the decision has been rendered by the administrative officer,
by filing with the officer from whom the appeal is taken and with
the board of adjustment, a notice of appeal specifying the grounds
thereof. The officer from whom the appeal is taken shall forthwith
transmit to the board all the papers constituting the record upon
which the action appealed from was taken.
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An appeal shall stay all proceedings 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.
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At a public hearing relative to any appeal for a variance, any
interested party may appear in person or by attorney. The burden of
proof shall be on the applicant to establish the necessary facts to
justify the action of the board of adjustment on any appeal. Any special
exception or variance granted or authorized by the board of adjustment
under the provisions of this section shall authorize the issuance
of a building permit for a period of one hundred eighty (180) days
from the date of the favorable action of the board unless said board
shall in its action approve a longer period of time or prior to the
expiration of the permit shall grant a longer period and so show such
specific longer period in the minutes of its action. If the building
permit shall not have been issued within said one hundred eighty-day
period or such extended period as the board may specifically grant,
then the special exception or variance shall be deemed to have been
waived and all rights thereunder terminated. Such terminating and
waiver shall be without prejudice to one (1) subsequent appeal to
said board in accordance with regulations herein contained.
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In exercising its powers, the board may, in conformity with
the provisions of the statutes of the State of Texas as existing or
hereafter amended, revise or affirm, wholly or partly, or may modify
the order, requirement, decision or determination appealed from and
make such order, requirement, decision or determination as ought to
be made and shall have all the powers of the officer from whom the
appeal is taken including the power to impose reasonable conditions
to be complied with by the applicant.
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The concurring vote of four (4) members of the board shall be
necessary to revise any order, requirement, decision or determination
of any such administrative official, or to decide in favor of the
application on any matter upon which it is required to pass under
this section or to affect any variance in said ordinance.
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Any person or persons, jointly or severally, aggrieved by any
decision of the board of adjustment or any taxpayer or any officer,
department or board of the municipality may present to a court of
record, a petition, duly verified, setting forth that such decision
is illegal, in whole or in part, specifying the grounds of the illegality.
Such petition shall be presented to the court within ten (10) days
after the filing of the decision in the office of the board and not
thereafter.
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The architectural review board shall consider the following
when reviewing projects within its jurisdiction:
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(1)
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Whether the design is compatible with the immediate environment
of the site.
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(2)
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In areas considered by the board as having a unified design
character or historical character, whether the design is compatible
with such character.
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(3)
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Whether the design promotes harmonious transitions in scale
and character in areas between different designated land uses.
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(4)
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Whether the planning and siting of the various functions and
buildings on the site create an internal sense of order and provide
a desirable environment for occupants, visitors and the general community.
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(5)
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Whether the amount and arrangement of open space are appropriate
to the design and the function of the structures.
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(6)
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Whether access to the property and circulation thereon are safe
and convenient for pedestrians, cyclists and vehicles.
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(7)
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Whether natural features are appropriately preserved and integrated
with the project.
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(8)
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Whether the materials, textures, colors and details of construction
and plant material are appropriate expression to the design and function
and whether the same are compatible with the adjacent and neighboring
structures, landscape elements and functions.
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(9)
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Whether the landscape design concept creates a desirable and
functional environment.
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(10)
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Whether plant material is suitable and adaptable to the site,
capable of being properly maintained on the site, and is of a variety
which would tend to be drought-resistant and to reduce consumption
of water in its installation and maintenance.
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(11)
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Whether the design is energy efficient and incorporates renewable
energy design elements including, but not limited to:
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a.
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Exterior energy design elements.
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b.
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Building siting and landscape elements.
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In applying the standards set forth in this section, the architectural
review board may review each of the following items of the proposed
project:
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1.
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Uses and functions as they relate to the design of the project
and adjacent uses.
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2.
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Compatibility with neighboring properties and uses.
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3.
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Visibility and effect upon view at all site lines.
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4.
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Aesthetics.
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5.
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Quality of design.
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6.
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Character.
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7.
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Scale.
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8.
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Building materials.
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9.
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Color.
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10.
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Site development characteristics including, but not limited
to:
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a.
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Lot size.
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b.
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Building coverage.
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c.
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Setbacks.
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d.
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Building height.
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e.
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Location upon the site.
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f.
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Open space.
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g.
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Pedestrian, bicycle and vehicle circulation.
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11.
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Environmental factors including, but not limited to:
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a.
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Noise.
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b.
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Emission of smoke, fumes and odors.
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c.
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Fire safety, life safety and fire access.
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d.
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Disturbance of existing topography, trees, shrubs and other
natural features.
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e.
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Water percolation, grading and drainage and impermeability of
soils.
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12.
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Building and building components including, but not limited
to:
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a.
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Stairs, ramps, escalators, moving sidewalks, elevators or downspouts
on the exterior of buildings.
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b.
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Flues, chimneys, exhausts fans, air conditioning equipment,
elevator equipment, fans, cooling towers, antennae or similar structures
placed upon the roof or the exterior of the building.
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c.
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Sun shades, awnings, louvers or any visible device for deflecting,
filtering or shielding the structure or interior from the elements.
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d.
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Balconies, penthouses, loading docks or similar special purpose
appendages or accessory structures.
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13.
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Accessory structures, including garages, sheds, utility facilities
and waste receptacles.
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14.
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Other on-site improvements including, but not limited to:
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a.
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Parking and other paved areas.
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b.
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Landscaping.
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c.
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Lighting.
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d.
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Signs and graphics.
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e.
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Artwork, sculpture, fountains and other artistic features.
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15.
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Energy efficiency and renewable energy design elements including,
but not limited to:
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a.
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Exterior energy design elements.
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b.
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Internal lighting service and climatic control systems.
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c.
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Building siting and landscaped elements.
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16.
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Such other features as affect the design and ultimate appearance
of the work, as determined by the architectural review board.
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At the time and place set for hearings, the board shall hear
evidence regarding the applications. The board may continue hearings
from time to time.
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The architectural review board shall make a recommendation to
the city council regarding the design of a project.
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The city council shall consider the recommendation of the architectural
review board as soon as practicable after final recommendation of
the architectural review board. The city council may take one (1)
of the following actions:
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(1)
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Disapprove the project recommendation.
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(2)
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Approve the project recommendation.
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(3)
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Approve the project recommendation with modifications.
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The architectural review board shall send a report not less
than once a year to the city council for the purpose of communicating
the concerns of the board with respect to the city's plans, policies,
ordinances and procedures as those affect the projects which the board
reviews.
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