O-2014-3551 amend Ch 106;comprehensive review and update

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(a) Any use requiring a special conditional use permit as established in this chapter shall be reviewed by the city planning and zoning commission. (b) The city planning and zoning commission shall: (1) Hear requests for proposed special conditional uses filed by any interested party when such request is made in writing, conforming to the requirements of division 6 of this article, and accompanied by a filing fee. (2) All hearings on such requests shall conform to the public hearing procedures established for amendments under section 106-171 (Amendment Procedures) and in conformance with V.T.C.A., Local Government Code § 211.007, and shall be conducted within 30 days after receipt of the request. Subdivision III. Board of Adjustment Sec. 106-86. Organization. There is hereby created a board of adjustment consisting of five regular members and two alternates (alternate position 1 and alternate position 2) who are citizens of the city and who are not members of the city council or the city planning and zoning commission, each to be appointed by the city council for a term of two years and removable for cause by the appointing authority upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant for any cause, in the same manner as the original appointment was made. All cases to be heard by the zoning board of adjustment shall be heard by a minimum of four members. The two alternate members are required to attend all meetings in the same manner as the regular members of the board. Alternate members shall not vote unless filling an absence of a regular member or the chairman. If a regular member or the chairman is absent from a meeting, alternate position 1 shall take his place. If a second regular member and/or the chairman is absent from a meeting, alternate position 2 shall take his place. The board of adjustment shall adopt rules of procedure in accordance with the provisions of this chapter. Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as at least four members of the board of adjustment may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment shall be open to the public. The board of adjustment 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 actions, all of which shall be immediately filed in the office of the city secretary and shall be a public record. The board of adjustment shall 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 the enforcement officer in the enforcement of this chapter. (2) To hear and decide special exceptions to the terms of this chapter upon which it is required to pass under section 106-191 (Special Exceptions).