(a)
Composition.
There is hereby created and established for the city a planning
and zoning commission, which shall be composed of twelve (12) members.
The members shall be resident citizens, taxpayers and qualified voters
of the city. They shall be appointed by the mayor, subject to confirmation
by the city council, to serve for terms of two (2) years. All vacancies
shall be filled for the unexpired term in the same manner as provided
for the original appointments. All expired terms shall be filled for
terms as provided for the original appointments and in the same manner.
Members of the commission may be removed by the mayor, with the consent
of the city council, for any reason. The members of the commission
shall serve without compensation. The mayor and the members of the
city council, city attorney and city engineer shall act as ex officio
members of such commission. A quorum for the conduct of business shall
be five (5) members of the commission. A simple majority vote of those
commission members present at a meeting with a quorum present shall
be required for the commission to take action.
(b)
Responsibility.
The planning and zoning commission shall have the power and
it shall be its duty to study the present zoning ordinances of the
city and make and recommend for adoption a master plan, as a whole
or in parts, for the future development and redevelopment of the municipality
and its environs, and shall have power and it shall be its duty to
prepare a comprehensive plan and ordinance for the zoning or rezoning
the city in accordance with V.T.C.A., Local Government Code §
211.001 et seq. The commission shall perform such other duties as
may be prescribed by ordinance or state law. Any person or corporation
or group of persons having a proprietary interest in any property
may petition the city council for a change or amendment in the provisions
of the zoning code, or the city planning and zoning commission may
on its own motion institute proposals for change and amendment in
the public interest. The city council may from time to time amend,
supplement, change, modify or repeal by ordinance the regulations
herein established as provided by the statutes of the State of Texas.
(c)
Procedures.
The planning and zoning commission shall elect a chairman and
vice chairman from its membership and shall have power to employ such
qualified persons as may be necessary for the proper conduct and undertakings
of the commission and to pay for their services and such other necessary
expenses, provided that the cost of such services and expenses shall
not exceed the amount appropriated by the governing body for the use
of the commission. It shall also have the power to make rules, regulations
and bylaws for its own government, which shall conform as nearly as
possible with those governing the city council and same shall be subject
to approval by such council.
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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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(Ordinance 1750-B, sec. 4, adopted 1/28/2008; Ordinance 1861 adopted 4/12/2010)
(a)
Composition.
There is hereby created a board of adjustment consisting of
five (5) members who are citizens and taxpayers of the City of Alamo
Heights, each to be appointed by the mayor subject to the approval
of the city council for a term of two (2) years and removable for
cause by the appointing authority upon written charges and after public
hearing. Vacancies shall be filled for the unexpired term of any member,
whose place becomes vacant for any cause, in the same manner as the
original appointment was made. The mayor with the approval of the
city council may appoint two (2) alternate members of the board of
adjustment who shall serve in the absence of one (1) or more of the
regular members when requested to do so by the mayor. These alternate
members, when appointed, shall serve for the same period as the regular
members, which is for a term of two (2) years, and any vacancy shall
be filled in the same manner and they shall be subject to removal
the same as the regular members. The officers of the board shall consist
of a chairman, a vice-chairman and a secretary. The secretary shall
not be a member of the board and shall not have a vote.
(b)
Responsibility.
When, in its judgment, the public convenience and welfare will
be substantially served and the appropriate use of the neighboring
property will not be substantially or permanently injured, the board
of adjustment may in specific cases, after public notice and public
hearing and subject to appropriate conditions and safeguards, have
the following powers:
(1)
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 ordinance or any amendment thereto.
(2)
To
hear and decide special exceptions to the terms of the ordinance upon
which such board is required to pass under such ordinance.
(3)
To
authorize upon appeal in specific cases such variance from the terms
of the ordinance as will not be contrary to the public interest, where,
owing to special conditions, a literal enforcement of the provisions
of the ordinance will result in unnecessary hardship, and so that
the spirit of the ordinance shall be observed and substantial justice
done.
(4)
To
require the discontinuance of nonconforming uses under any plan whereby
the full value of the structure can be amortized within a definite
period of time, taking into consideration the general character of
the neighborhood and the necessity for all property to conform to
the regulations of this ordinance, and having due regard for the property
rights of the persons affected when considered in the light of the
public welfare and the character of the area surrounding the designated
nonconforming use and the conservation and preservation of property.
The board may, from time to time, on its own motion or upon cause
presented by interested property owners, inquire into the existence,
continuation or maintenance of any nonconforming use within the city.
(c)
Procedures.
The board shall adopt rules to govern its proceedings provided,
however, that such rules are not inconsistent with this ordinance.
Meetings of the board shall be held at the call of the chairman and
at such other times as the board may determine. The chairman, or in
his absence, the vice-chairman, may administer oaths and compel the
attendance of witnesses.
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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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(d)
Repetitive
filings prohibited.
When an application for a variance
has been denied by the board of adjustment, or withdrawn or abandoned
by the applicant after a hearing thereon has commenced, a new application
for the same or a similar variance on the same property will not be
received by the board of adjustment until the expiration of six (6)
months from the date of such denial or withdrawal, unless the city's
community development director shall find that conditions have changed
so as to warrant an earlier filing or that it is in the public interest
to reconsider the application.
(Ordinance 1750-B, sec. 4, adopted 1/28/2008; Ordinance 1861 adopted 4/12/2010; Ordinance
2050 adopted 5/9/2016; Ordinance 2146, sec. 1, adopted 10/14/2019)
(a)
Composition.
There is created an architectural review board consisting of
seven (7) members who are residents and qualified voters of the city.
Each member of the architectural review board shall be appointed by
the mayor and confirmed by the city council, and shall serve for terms
of two (2) years or until reappointed or replaced by action of the
mayor and city council. All acts of the architectural review board
shall require the affirmative vote of a majority of voting members/alternates
in attendance. A quorum for meetings shall be at least four (4) members/alternates.
The architectural review board shall have the powers and duties specified
in this article and shall comply with the procedures specified in
this article. Two (2) alternate members may also be appointed by the
city council to serve when one (1) or more regular members are absent
or unable to fulfill their duties for a meeting or agenda item for
consideration. Any such participating/voting alternate be designated
by the chair at the start of the meeting or agenda item. An alternate
member serves for the same period as a regular member and is subject
to removal in the same manner as a regular member. A vacancy among
the alternate members is filled in the same manner as a vacancy among
the regular members.
(b)
Responsibility.
The goals and purposes of architectural review are to: (1) Promote
orderly and harmonious development of the city; (2) Encourage the
attainment of the most desirable use of land and improvements; (3)
Enhance the desirability of living conditions in the city; and (4)
Promote high aesthetic quality of development in the city.
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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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(c)
Procedures.
The architectural review board shall meet at least monthly upon
call (as determined by need) and shall prescribe forms, applications,
rules and regulations for the conduct of its business. All meetings
of the architectural review board shall be open to the public.
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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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(d)
(Reserved)
(e)
Absences.
A regular member shall be automatically removed from the architectural
review board, and a vacancy shall be created, upon the failure to
attend four (4) regular convened meetings of the board, in any rolling
twelve-month period. In the event a regular meeting is called, but
a quorum is not convened: Any member who fails to confirm availability
to city staff at least six (6) hours prior to meeting shall be deemed
absent. Nothing in this section shall restrict the removal of any
member as provided elsewhere in the Code of Ordinances. Nothing in
this section shall limit a removed member from reappointment.
(Ordinance 1750-B, sec. 4, adopted 1/28/2008; Ordinance 1861 adopted 4/12/2010; Ordinance
2151, secs. 1, 2, adopted 1/27/2020; Ordinance 2190, sec. 1, adopted 6/12/2022; Ordinance 2190, secs. 1, 2, adopted 6/13/2022)
In addition to the requirements of state law and except for
consideration of requests for the erection of signs, requests considered
by the city's boards and commissions shall be subject to the following
public notification requirements:
(1)
Erect
yard sign notifying public of nature of request and date, time and
place of public hearing on subject property at least ten (10) days
prior to the meeting;
(2)
Post
notice of nature of request and date, time and place of public hearing
on city's website at least ten (10) days prior to the meeting; and
(3)
Mail
written notice to property owners of record within two hundred (200)
feet of subject property at least ten (10) days prior to the meeting,
which shall contain:
(Ordinance 1750-B, sec. 4, adopted 1/28/2008)
