Ordinance 2020-101
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ORDINANCE NO. 2020-10
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS; AMENDING WYLIE'S
CODE OF ORDINANCES, ORDINANCE NO. 2001-48, AS AMENDED,
ARTICLE 8 (DEVELOPMENT REVIEW PROCESS), SECTION 8.4 (ZONING
BOARD OF ADJUSTMENT); PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE
OF THIS ORDINANCE.
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to the citizens of Wylie to amend Ordinance No. 2001-48, Article 8
(Development Review Process), Section 8.4 (Zoning Board of Adjustment) of the Zoning
Ordinance, as it relates to Board and Commission member terms and qualifications; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: The findings set forth above are incorporated into the body of this Ordinance
as if fully set forth herein.
SECTION 2: Ordinance No. 2001-48, Article 8 (Development Review Process), Section
8.4 (Zoning Board of Adjustment) of the Zoning Ordinance is hereby amended as follows:
SECTION 8.4 Zoning Board of Adjustment
A. Organization and Procedure
1. Establishment. The Zoning Board of Adjustment is established in accordance with
the provisions of The Local Government Code §211.008, regarding the zoning of
cities and with the powers and duties as provided in those statutes. The purpose of
the Board is to review and act on, in public hearings, requests for variances and
special exceptions to the terms of this Zoning Ordinance that are consistent with
the general purposes and intent of the Ordinance.
2. Membership. The board shall consist of five citizens each to be appointed or
reappointed by the Mayor and confirmed Council, for staggered terms of two years
respectively.
a. The limit for consecutive service on the board is three (3) consecutive, full
terms, regardless of term length (2-year, 3-year, etc.). After the expiration of
term limit, the member must wait one year before reapplying to the same board.
b. Should a board member's replacement not be qualified upon the expiration of
any term of a board member, then that board member shall holdover on the
board until a qualified replacement board member has been appointed.
c. The appointing authority may remove a board member for cause, as found by
the appointing authority, on a written charge after a public hearing.
d. Vacancies shall be filled by the Council for the unexpired term of any member
whose term becomes vacant.
e. The board shall elect its own chairperson, who shall serve for a period of two
years or until his or her successor is elected.
Ordinance No. 2020-10 — Amending Ord. No. 2001-48 — Zoning Board of Adjustments Term Limits
f. The Council may appoint up to four alternate members of the board who shall
serve in the absence of one or more regular members when requested to do so
by the Mayor or City Manager. These alternate members, when appointed, shall
serve for the same period as regular members, be subject to the same term
limits, any vacancies shall be filled in the same manner, and they shall be
subject to removal as regular members.
SECTION 3: Savings/Repealing. The Code of Ordinances, shall remain in full force and
effect, save and except as amended by this or any other Ordinance. All provisions of any Ordinance
in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending
prosecution for violation of the repealed Ordinance, nor shall the repeal prevent a prosecution from
being commenced for any violation if occurring prior to the repeal of the Ordinance. Any
remaining portions of said Ordinance shall remain in full force and effect.
SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. The City Council hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof, regardless of whether any one or more sections,
subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid.
SECTION 5: Effective Date. This Ordinance shall take effect immediately from and
after its passage.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
14th day of January, 2020.
ATTEST:
Stephanie Storm, City Secretary
Eric Hogue, Mayo
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Ordinance No. 2020-10 — Amending Ord. No. 2001-48 — Zoning Board of Adjustments Term Limits