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BL 2014-10-01 BOA BOARD OF ADJUSTMENT BY-LAWS Table of Contents Topic Page I. History 2 II. The Board 2 III. Meetings 3 IV. Officers 4 V. Chairman and Duties 4 VI. General Rules 4 VII. Powers of the Board 6 VIII. Appeals to the Board 6 IX. Enforcement of Decorum 7 X. Enforcement 7 XI. Cameras and Lighting 7 XII. Conflict of Interest 8 1 BOARD OF ADJUSTMENT BYLAWS I.History A.Section 8.01 of the City Charter of the City of Coppell states that the City Council shall create, establish or appoint, as may be required by the laws of the State of Texas or this charter, such boards, commissions and committees as it deems necessary to carry out the functions and obligations of the city. The City Council shall, by ordinance, prescribe the purpose, composition, functions, duties, and accountability and tenure of each board, commission and committee. B.Section 8.03D of the City Charter of the City of Coppell states that the City Council shall appoint a Zoning Board of Adjustment of members who shall serve in accordance with Local Government Code Chapter 211.088 V.T.C.A. C.Chapter 211.088, Local Government Code states that such local legislative body may provide for the appointment of a Board of Adjustment, and may provide that the said Board of Adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the zoning ordinance in harmony with its general purpose and intent and in accordance with general or specific rules therein contained. II.The Board A.The Coppell Board of Adjustment shall be comprised of five (5) members and four (4) alternate members to be appointed by the City Council. Members shall be a resident of the City of Coppell for at least twelve (12) months preceding the date of appointment, be knowledgeable in the affairs of the City, be knowledgeable in the rules of the Board of Adjustment and its functions and activities provided for in the Charter and shall be a qualified voter in the City of Coppell, Texas. (Article 8, Section 8.02, City Charter) B.Members of the Board shall be appointed for two (2) year terms with three (3) members’ terms expiring in even numbered years and two (2) members’ terms expiring in odd numbered years. In addition, the Council shall appoint four (4) alternate members to act as members of the Board of Adjustment in the absence of one or more of the regular members. The four (4) alternate members shall serve two-year terms. Their terms in office shall be staggered so that two (2) members are appointed each year. (Section 8.03D, City Charter) C.Any vacancy created on the Board shall be filled by majority vote of the City Council for the remainder of the unexpired term within thirty (30) days after the vacancy occurs. D.The members of the Board shall serve without pay or compensation; provided, however, that they shall be entitled to reimbursement of and for necessary expenses incurred in the performance of their duties, when approved by City Council. 2 III.Meetings A.The Board of Adjustment shall meet on the first Thursday of each month at 7:00 p.m. unless otherwise officially changed by the Chairman. In the event the first Thursday falls on a legal holiday, the new meeting date will be established by the Chairman. B.When possible, the Board of Adjustment shall meet in the Council Chambers at City Hall. C.The Board shall hold such special meeting as shall be called by the Chairman, or upon written request of at least one (1) member of the Board or at the request of the City Council. D.All cases to be heard by the Board of Adjustment will always be heard by a minimum number of four (4) members. E.All meeting of the Board shall be open to the public subject to both current and any future laws of the State of Texas. F.If a quorum cannot be established for a meeting, that meeting shall be cancelled. The cases for that meeting shall be rescheduled for the next regularly scheduled meeting. The time and date of such meeting shall be determined by the Chairman. If there are only four (4) board members present at a meeting and a board member cannot vote on a case (due to abstention, leaving a meeting early, etc) prior to hearing that case, the Board may continue it so that action may be taken at a further date. (If a case is continued for a specific time and date, no further notification will be necessary.) G.If there are no requests before the Board, that meeting may be cancelled by the Chairman. Staff shall contact the Chairman and Board prior to the meeting so that a consensus may be reached. H.If, for any reason, a scheduled Board meeting is not to be held, staff shall notify all participants and Board members of such cancellation at the earliest possible opportunity. I.The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent of 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 Board and shall be a public record. (Chapter 211.008, Local Government Code) If no meeting or proceedings were held in any month, the Board shall so report this fact to the City Council. J.If a Regular board member is absent for three (3) consecutive regularly scheduled meeting, or 25% of the regularly scheduled meetings within a 12-month period, said member shall be removed from the Board, and the City Council will fill the unexpired term. (Article 8, Section 8.04, City Charter and Article 1011g, Vernon’s Annotated Civil Statues.) K.In addition to the official minutes of each board meeting, the board secretary shall make an audio recording of the proceedings. These audio recordings shall be kept as long as administratively valuable, but not less than a period of thirty-six (36) months from the date of the meeting. 3 IV.Officers A.The Board shall, on the first meeting of the year, from its membership, elect a Chairman and a Vice Chairman for one (1) year term of office, or until their successors are elected. B.The Chairman and Vice Chairman may hold office for two (2) terms, after which one (1) term must elapse before being eligible for re-election. C.In the event of a vacancy in the office of the chairman, the Vice Chairman shall assume the duties of the Chairman until the next regular meeting of the board, at which time, the board shall elect a new Chairman. V.Chairman and Duties A.Chairman. The Chairman shall preside at all meeting of the Board. In the absence of the Chairman, the Vice Chairman shall preside. In the absence of both the Chairman and Vice Chairman, the Board shall elect a Chairman Pro-Tem. B.Call to Order. The meetings of the Board shall be called to order by the Chairman, or in his or her absence, by the Vice Chairman. In the absence of both the Chairman and Vice Chairman, the meeting shall be called to order by any board member or alternate. C.Preservation of Order. The Chairman shall preserve order and decorum, prevent personal attacks on the Board members or the impugning of members’ motives, and confine members in debate to the question under decision. D.Points of Order. The Chairman shall determine all point of order, subject to the right of any member to appeal to the Board. If any appeal is taken, the question is whether the Chairman is to be “sustained”. E.Questions to be Stated. The Chairman shall state all questions submitted for a vote and whether the motion is passed or defeated. Provided, however, that the announcement of passed or defeated shall not affect the validity of the vote if such announcement is not correct. VI.General Rules A.Questions Subject to Division. If two or more subjects are involved, in any vote of the Board, any member of the Board may require a division, if the question reasonably allows a division. B.Right of Floor. Any members of the Board desiring to speak shall be recognized by the Chairman, and shall confine his or her remarks to the subject or question under consideration or to be considered. C.City Attorney. At the request of the Board, the City Attorney may attend meetings to render an opinion of questions of law. D.Suspension of Rules. Any provision of these rules not covered by the City Charter or laws of the State of Texas may be temporarily suspended by concurring vote of four (4) members of the Board. The vote on any such suspension shall be by roll call 4 called by the Secretary, or the person serving as the Secretary, shall be recorded in the minutes of the meeting. E.Amendment to the Rules. These rules may be amended, or new rules adopted by a concurring vote of four (4) members of the Board, provided that the proposed amendments or new rules have been introduced into the record at the last regular board meeting. F.Votes Required to Pass. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any variation to such ordinance. G.Abstention. Should any member of the Board of Adjustment choose to abstain from voting on any question before the Board of Adjustment, where no declared conflict of interest exists, the abstention shall be recorded as an affirmative vote in the favor of the motion pending before the Board of Adjustment in the official minutes of the City of Coppell’s Board of Adjustment. H.Notification of Meetings. Staff shall contact every regular Board member before noon one day prior to any scheduled meeting so that a quorum may be established for the upcoming meeting. If a regular board member is unable to attend the upcoming meeting, he or she will notify staff at this time. In the event that there are not enough board members to establish a quorum, staff shall then notify the alternate members so that a quorum may be established. Staff shall contact the alternate members on a rotating schedule in order to evenly afford the opportunity for attendance. Packets shall be made available to the Board members the Friday prior to the Thursday meeting. I.General Public. Public notice of a meeting shall be posted as per the current or any future laws of the State of Texas. J.Property Owners. Written notice of all public hearing shall be sent to owners of real property located within two hundred feet (200’) of the property on which the variance is requested, such notice to be given not less than ten (10) days before the date set for hearing, to all such owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the official publication of the City stating the time and place of such meeting. K.Continuing Public Hearings. If the applicant of his designated representative is not present at the Board of Adjustment meeting, the case will be continued to the next regularly scheduled meeting, or denied without prejudice to refiling. If the case has been continued once with the agent or his representative is not present at the second meeting, the case will be denied with prejudice. L.Issuance of Permits Prior to Public Hearing. Staff shall not issue any permits (building, foundation, etc.) for any structure prior to the case being heard by the Zoning Board of Adjustment. 5 M.Evidence. All evidence intended to be presented electronically must be provided to the staff seven business days before the hearing and special requests for equipment that need to be used during the hearing must be requested in writing seven (7) business days prior to the hearing. VII.Powers of the Board The Board of Adjustment shall have the following powers: 1.To hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of the City Zoning Ordinance. 2.To hear and decide special exceptions to the terms of the City Zoning Ordinance upon which such board is required to pass under such ordinances. 3.To authorize in specific cases such variance from the terms of the City Zoning Ordinance as will not be contrary to 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 hear and decide appeals, special exceptions, or granting of variances to ordinance, other than the City zoning ordinances, when such authority is specifically granted in such ordinances. In exercising the above-mentioned powers, such Board may, in conformity with the provisions of Chapter 211, Local Government Code, revers 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 to the end shall have all the powers of the officer from whom the appeal is taken. VIII.Appeals to the Board A.Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, 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 paper constituting the record upon which the action appealed from was taken. 1.When hearing such an appeal, the board’s duty and power is to determine whether or not the decision of such officer, department, board or bureau is correct pursuant to the ordinance of the city, and the city shall not have the 6 power to alter the decision appealed from which is correct pursuant to the ordinance of the city, and the city shall not have the power to alter the decision appealed from which is correct under the ordinance of the city, unless that ordinance specifically authorizes the board to grant a variance or exception of the ordinance. B.An appeal stays all proceeding in furtherance 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 faces stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such cases, 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. C.Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau 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. IX.Enforcement of Decorum A.Warning. All persons (other than members of the Board) shall, at the request of the Chairman, be silent. If after receiving a warning from the Chairman, a person or group of persons, persists in the disturbing the meeting, the Chairman or the person acting as Chairman, may order that the person or group of persons to remove himself or themselves from the meeting, the Chairman or person acting as Chairman may order the Sergeant-at Arms to remove him or them. B.Removal from a Meeting. The Chief of Police, or such member or members of the Police Department as the Chairman of the person acting as or for the Chairman may designate, shall be Sergeant-at-Arms of the board meetings. He or they shall carry out all orders or instructions given by the Chairman for the purpose of maintaining order and decorum at the meeting of the Board. Upon instruction of the Chairman, it shall be the duty of the Sergeant-at-Arms to remove from the meeting any person or persons who intentionally disturb the proceedings of the Board. C.Speakers. Speakers shall be given three minutes to speak in favor or against the issue. Each side, in favor or against, shall have a total of thirty minutes to speak therefore, the entire public comments shall be no longer than one hour for each case. Speakers and the three minute rule shall not include or apply to Board Members, City Employees, the Chief Building Official, and the City Attorney. The purpose is to organize the hearing and evidence process. 7 X.Enforcement A.Motion to Enforce. Any member of the Board may move to require the Chairman to enforce these rules and the affirmative vote of four (4) members of the board shall require the Chairman to do so. XI.Cameras and Lighting A.Supplemental Lighting. Supplemental lighting for television and motion picture cameras shall be used only the exercise or extreme discretion with regard to the intensity and duration of such lighting and with a view to creating the least amount of interference with or disturbance of the proceedings of the board and the least amount of discomfort to the members of the public in attendance. B.Disruptive Lighting. The Chairman or the person acting as Chairman shall have the authority to determine whether the intensity and/or duration of supplemental lighting is such that is disturbs the proceedings of the Board and upon making such a determination require that the use of such lighting be discontinued. XII.Conflict of Interest Members of the Board shall not vote on matters which involve rulings concerning a business or real property that the Board member or a person related to the Board member by the first degree of the affinity or consanguinity has substantial interest in. Substantial interest shall be determined by the current wording of Chapter 171 of the Local Government Code. The current act states that a person has a substantial interest in a business or real property if: 1.The interest is ownership of ten percent or more of the voting stock or shares of the business entity or ownership of ten percent or more or $5,000 or more of the fair market value of the business entity; or 2.Funds received by the person from the business entity exceed ten percent of the person’s gross income for the previous year; or 3.The person has substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of $2,500 or more. This would include a member owning property within 200 feet of the subject property. If a board member or person related to a board member as mentioned above has a substantial interest in a business entity or real property that would be affected by an official action taken by the board, the board member, before a vote or decision on the matter, shall file an affidavit stating the nature and extent of the interest and shall abstain from further participation in the matter as required by Chapter 171.004, Local Government Code. The affidavit must be filed with the City Secretary and is attached to this document as Exhibit “A”. 8 The chart below is a list to determine whether or not a person is related in the first degree by either affinity or consanguinity to another person. CONSANGUINITY- FIRST DEGREE Father Mother Brother Sister Son Daughter AFFINITY Any person related by marriage to one of the above will fall within the affinity rule. 9