CHAPTER 144, ZONING Table of Contents - City of New Braunfels

)Zoning Ordinance- effective Nov. 8, 2006 Sec. 22.1-5 Reapplication of zoning, rezoning, special use permit or planned developmentdistrict detail plan requests.(a) No application for the zoning, rezoning, special use permit, or planneddevelopment district detail plan of any land situated in the City shall be receivedor filed with the City and consideration thereof if, within 180 calendar days priorthereto, an application for substantially the same zoning, rezoning, special usepermit, or planned development district detail plan as determined by the PlanningDirector, was received, and a final hearing was held on such before the PlanningCommission. However, if new, relevant and substantial evidence, which couldnot have been secured at the time set for the original hearing, shall be producedby the applicant, the Planning Commission shall then have the right to waivesuch 180 calendar days provision and proceed to hear and consider suchapplication.(b) No application for the zoning, rezoning, special use permit, or planneddevelopment district detail plan of any land situated in the City shall be receivedor filed with the Planning Commission and no consideration held thereon if withinone year prior thereto the City Council, after consideration and hearing, hasdenied an application on that land for substantially the same change as is appliedfor, as determined by the Planning Director.(c) If an application for zoning, rezoning, special use permit, or planneddevelopment district detail plan is withdrawn before the Planning Commissionholds a public hearing on it, reapplication may be made at any time.2.2 Zoning Board of Adjustment (ZBA).2.2-1. Power and duty. The Zoning Board of Adjustment (ZBA) may, in appropriatecases and subject to appropriate conditions and safeguards, make special exceptionsand variances to the terms of this Chapter, and decide appeals from decisions ofadministrative officials, in harmony with its general purpose and intent and in accordancewith general or specific rules herein contained.)2.2-2. ZBA procedures. The ZBA shall operate in accordance with Sections 211.008through 211.011 of the Texas Local Government Code and shall adopt rules inaccordance with the provisions of this Chapter. Meetings of the ZBA shall be held at thecall of the chairman and at such times as the ZBA may determine. Such chairman, or inhis absence the acting chairman, may administer oaths and compel the attendance ofwitnesses. All meetings of the ZBA shall be open to the public. The ZBA shall keepminutes of its proceedings, showing the vote of each member upon each question or, ifabsent or failing to vote, indicating such fact, and shall keep records of its examinationsand other official actions, all of which shall be immediately filed in the office of the ZBAand shall be a public record. The concurring vote of four members (or 75 percent) of theZBA shall be necessary to reverse any order, requirement, decision, or determination ofany such administrative official, or to decide in favor of the applicant on any matter uponwhich it is required to pass under this Chapter, or to effect any variation in this Chapter.2.2-3. Variances.(a) Authority. The ZBA may authorize a variance from these regulations onlyupon finding:(1) That there are special circumstances or conditions affecting the landinvolved such that the strict application of the provisions of this Chapterwould deprive the applicant of the reasonable use of land; andU:\Pianning\Zoning Ordinance\Amendments 2012\Zoning revisions 2012.docxU:\PiaAAiAQIZ9AiAQ OFdiAaAG91Z9AiAQ re\•isieAs~ Page28