Ord 02-2016 1/5/2016PAGE 1 OF 3 PAGES
AGENDA ITEM NO. 9B
Ordinance No. _02-2016_
Ordinance amending sections of the Zoning Ordinance to establish a
“Non-Voting Ex-Officio” member from Sheppard Air Force Base to
serve on, Airport Board of Adjustment (Sec. 6480), Board of
Adjustment (Sec. 7800) and Planning and Zoning Commission (Sec.
7900)
WHEREAS, the city staff has reviewed this proposal and recommends approval
of these amendments to the Code of Ordinances; and
W HEREAS, the City Council fully supports the efforts to execute the Sheppard
AFB JLUS Implementation Strategies; and
W HEREAS, the City Council concurs with the Planning and Zoning
Commission’s recommendation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
1. Section 6480 of Appendix B, “Zoni ng”. Of the Code of Ordinances of the City
of Wichita Falls is amended to read as follows:
6480. – AIRPORT BOARD OF ADJUSTMENT.
An Airport Board of Adjustment shall be appointed comprised of both residents of the
City of Wichita Falls and residents located outside the city but within the area affected
by this ordinance, in accordance with the provisions of the Local Government Code .
The board shall consist of five members appointed by the city council. Three members
shall be citizens of the city, and two members shall be residents located outside the city,
but within the area affected by this ordinance. The City Council shall also appoint one
ex-officio, non-voting member who shall serve two-year staggered terms commencing
on December 31. The ex-officio member of the board shall be nominated by the military
installation, Commander of the 82nd Training Wing. The city's resident me mbers shall be
appointed in even-numbered years, and the members located outside the city shall be
appointed on odd-numbered years. The actions and procedures of the Airport Board of
Adjustment shall be those as required under Texas Local Government Code § 241.032,
as amended.
2. Section 7810 of Appendix B, “Zoni ng”. Of the Code of Ordinances of the City
of Wichita Falls is amended to read as follows:
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AGENDA ITEM NO. 9B
7800. - BOARD OF ADJUSTMENT.
7810. - Organization and memberships.
The Board of Adjustment shall consist of five members who shall be residents of the
city. The City Council shall also appoint one ex-officio, non-voting member. The ex-
officio member of the board does not have to be a resident of the city and shall be
nominated by the military installation, Commander of the 82 nd Training Wing. The board
members shall be appointed by the City Council. The terms of such members shall be
for a period of two years; however, the terms shall be so staggered commencing on
December 31 so that not more than three will be appointed during a ny one calendar
year. The length of service of any member of the Board of Adjustment shall not be for
more than six consecutive years; however, a member may be reappointed after an
absence of two years. The City Council shall nominate one of the voting members as
chairperson, and the chairperson shall appoint one of the remaining voting members
vice-chairperson, both of which shall not serve more than a two -year term. The City
Council also shall appoint four alternate members who shall serve in the absence of one
or more of the regular voting members. All appointees shall serve without compensation
and may not hold an elective office of the state or political subdivision thereof.
3. Section 7820 of Appendix B, “Zoni ng”. Of the Code of Ordinances of the City
of Wichita Falls is amended to read as follows:
7820. - Quorum.
For the purpose of transacting any business, four voting members of the Board of
Adjustment shall constitute a quorum and actions of the board shall be approved by a
majority vote; except that a concurring vote of four voting members of the board shall be
required to make a favorable determination for an application on any matter upon which
it is required to pass under this ordinance or to effect any variation in this ordinance.
4. Section 7905 of Appendix B, “Zoni ng”. Of the Code of Ordinances of the City
of Wichita Falls is amended to read as follows:
7900. - PLANNING AND ZONING COMMISSION
7905. - Organization and membership.
The Commission shall consist of nine members appointed by the City Council. The City
Council shall also appoint one ex-officio, non-voting member. The ex-officio member of
the board shall be nominated by the military installation, Commander of the 82 nd Training
Wing. The term of each member shall be for a period of two years; however, the terms
shall be staggered. The City Council shall also appoint two alternate members who shall
serve in the absence of one or more of the regular voting members when requested to
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AGENDA ITEM NO. 9B
do so by the director of community development or [his] designee. Terms for members
of the Commission shall expire on December 31.
5. Section 7910 of Appendix B, “Zoni ng”. Of the Code of Ordinances of the City
of Wichita Falls is amended to read as follows:
7910. - Quorum.
For the purpose of transacting any business, five voting members of the Commission
shall constitute a quorum; and all actions of the Commission shall be approved by a
vote of no less than five affirmative votes.
6. Codification. The City Council intends the provisions of this ordinance to
become a part of the Code of Ordinances of the City of Wichita Falls, and sections of
this ordinance may be renumbered or relettered to accomplish such intention. Statutory
and ordinance references herein may be modified as necessary.
7. Effective Date. This ordinance becomes effective February 5, 2016.
PASSED AND APPROVED this the 5th day of January, 2016.
______________________________
M A Y O R
ATTEST:
____________________
City Clerk