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BL 1987-08-06 BOABYLAWS AND POLICIES OF THE BOARD OF ADJUSTMENTS CITY OF COPPELL, TEXAS ADOFrED AUGUST 6, 1987 Page 1 of 19 BOARD OF ADJUSTMENT BYLAWS ADOPTED AUGUST 6, 1987 BOARD OF ADJUSTMENT MEMBERS As of August 6, 1987 CITY OF COPPELL, TEXAS Marty Walsh Jim Nordstrom Ray Smedul Lanny Mayo Walter Kirkpatrick Ellen Fugett Michelle Lewis Dale Jackson Martha Mann Chairman Vice-Chairman Commissioner Commissioner Commissioner Alternate Alternate ADMINISTRATION Building Official Secretary 420-3 104 369-4779 462-1188 386-1164 754-2670 462-8275 373-4000 Page 2 of 19 BOARD OF ADJUSTMENT BYLAWS ADOPTED AUGUST 6, 1987 TABLE OF CONTENTS U. IV V. Y. XIV. XV. HISTORY THE BOARD MEETINGS OFFICIERS CHAIRMAN AND DUTIES GENERAL RULES POWERS OFTHE BOARD APPEALS TO THE BOARD ENFORCEMENT OF DECORUM ENFORCEMENT CAMERSAND LIGHTING CONFLICT OF INTEREST RULES OF ORDER (EXHIBIT A) AFFIDAVIT (EXHIBIT B) APPENDIX A. STATE LAW 1. ARTICLE 1011G PAGE 1 I 2 3 3 4 6 7 8 8 8 9 10 11 BOARD OF ADJUSTMENTS Page 3 of 19 BOARD OF ADJUSTMENT BYLAWS ADOPTED AUGUST 6, 1987 BOARD OF ADJUSTMENT BYLAWS History WHEREAS, 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; WHEREAS, Section 8.03 D. of the City Charter of the City of Coppell states that the City Council shall appoint a Zoning Board of Adjustments of members who shall serve in accordance with Article 10 1 lg, Vernon's Annotated Civil Statutes; and WHEREAS, Article 101 lg, Vernon's Annotated Civil Statutes 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 The Coppell Board of Adjustment shall be comprised of five (5) members and two (2) 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 Adjustments, functions and activities provided for in the Charter and who shall be a qualified voter in the City of Coppell, Texas. (Article 8, Section 8.02 City Charter) 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. Page 4 of 19 BOARD OF ADJUSTMENT BYLAWS ADOPTED AUGUST 6, 1987 In addition, the Council shall appoint two (2) alternate members to act as members of the Board of Adjustments in the absence of one or more of the regular members. The two (2) alternate members shall serve two-year terms. Their terms in office shall be staggered so that one (1) member is appointed each year. (Section 8.03 D, City Charter). 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. 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 the City Council. III. Meeting~ The Board of Adjustments shall meet on the first Thursday of each month at 7:30 p.m. unless otherwise officially changed by the Chair. In the event the first Thursday falls on a legal holiday, the new meeting date will be established by the Chair. When possible, the Board of Adjustments shall meet in the Council Chamber at the City Hall. The Board shall hold such special meetings as shall be called by the Chairman, or upon written request of at least member of the Board or at the request of the City Council. All cases to be heard by the Board of Adjustments will always be heard by a minimum number of four (4) members. All meetings of the Board shall be open to the public subject to both current and future laws of the State of Texas. Page 5 of 19 BOARD OF ADJUSTMENT BYLAWS ADOPTED AUGUST 6, 1987 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 Chair. 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 table it so that action may be taken at a further date. (If a case is tabled for a specific time. and date, no further notification will be necessary.) If there are no requests before the Board, that meeting may be cancelled by the Chair. Staff shall contact the chair and Board prior to the meeting so that a consensus may be reached. 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. The Board 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 Board and shall be a public record. (Article 110 lg, Vernon's Annotated Civil Statutes.) If no meeting or proceedings were held in any month, the Board shall so report this fact to the City Council. If a Board member is absent for three (3) consecutive regularly scheduled meetings, or if a Board member is absent for twenty-five (25) percent of the regularly scheduled meetings within a twelve (12) month period his acts of absence, if unexcused by the Board, may be cause for removal from the Board and after hearing there on the City Council may declare the office vacated and the position may be filled for the remainder of the unexpired term by the City Council within thirty (30) days after the vacancy occurs. (Article 8, Section 8.04, City Charter and Article 1011g, Vernon's Annotated Civil Statutes). 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. Page 6 of 19 BOARD OF ADJUSTMENT BYLAWS ADOPTED AUGUST 6, 1987 IV. Officers The Board shall each October from their membership elect a chairman and Vice-chairman for one (~ year terms of office, or until their successors are electe . The chair and vice-chair may hold office for two (2) terms, after which one (1) term must elapse before being eligible for re-election. In the event of a vacancy in the office of 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. Chairman and Duties Chairman. The Chairman shall preside at all meetings 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 Chair Pro-Tem. 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. Preservation of Order. The Chairman shall preserve order and decorum, prevent personal Board members or the impugning of members' motives, and confine members in debate to the question under decision. Points of Order. The Chairman shall determine all points of order, subject to the right of any member to appeal to the Board. If any appeal is taken, the question of the Chairman is to be "sustained?" Ouestions to be Stated. The Chairman shall state all questions submitted for a vote and the Secretary or the person acting as the Secretary will announce the vote of each member upon each question, or if absent of failing to vote, indicating that fact then stating: "Being __ Yes votes for the question and No votes against the question, the question 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. Page 7 of 19 BOARD OF ADJUSTMENT BYLAWS ADOPTED AUGUST 6, 1987 GENERAL RULES 0uestions 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. Right of Floor. Any member 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 to be considered. City Attorney. At the request of the Board, the City Attorney may attend meetings to render an opinion on questions of law. Rules of Order. That certain edition of Robert's Rules of Order, Newly Revised, the cover page of which is attached hereto as Exhibit "A" for identification should govern the proceedings of the Board in all cases, unless they are in conflict with these rules or the City Charter. Notwithstanding any provision to the contrary, no action of the Board shall be held invalid by reason of any failure to comply with the provisions of the adopted Robert's Rules of Order, Newly Revised. 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 a concurring vote of four (4) members of the Board. The vote on any such suspension shall be by roll call called by the Secretary or the person serving as Secretary and shall be recorded in the minutes of the meeting. Amendment to 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. 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. Page 8 of 19 BOARD OF ADJUSTMENT BYLAWS ADOPTED AUGUST 6, 1987 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. - General Public. Public notice of a meeting shall be posted per the current or future laws of the State of Texas. Property Owners. Written notice of all public hearings shall be sent to owners of real property lying 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. Tabling Cases. If the applicant or his designated representative is not present at the Board of Adjustments meeting, the case will be tabled to the next regularly scheduled meeting. If the case has been tabled once and the agent or his representative is not present at the second meeting, the case will be denied without prejudice. issuance of Permits Prior to Public Hearing. Staff shall not issue any per. mits, (buildings, foundation, etc.) for any structure prior to the case being heard by the Zoning Board of Adjustments. M. Non-Condemnation Letters/New Houses: Staff shall riot release a non-condemnation letter, (prior to the Zoning Board of Adjustments and Appeals hearing the case), if a new structure has been constructed and an encroachment occurs due to this construction. Page 9 of 19 BOARD OF ADJUSTMENT BYLAWS ADOPTED AUGUST 6, 1987 Non-Condemnation Letters/Older Houses: Staff may release, (prior to the Zoning Board of Adjustment and Appeals hearing the case), a non- condemnation letter if the structure in question has existed for a period of time and the property is changing hands. This letter shall only be released after an application for a variance has been submitted to staff. (For the aforementioned policies, a non-condemnation letter shall mean; a letter provided by the Building Official which states that the City acknowledges that an encroachment has occurred and that the City does not intend to condemn the structure or institute a lawsuit to correct the violation provided that the case is brought before the Zoning Board of Adjustments and Appeals and the board approves the case. VII. POWERS OF THE BOARD The Board of Adjustments shall have the following powers: To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the City Zoning Ordinance. To hear and decide special exceptions to the terms of the City Zoning Ordinance upon which such Board is required to pass under such ordinance. To authorize upon appeal 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. To hear and decide appeals, special exceptions or grant of variances to ordinances other than the City Zoning Ordinances when such authority is specifically granted in such ordinances. Page 10 of 19 BOARD OF ADJUSTMENT BYLAWS ADOPTED AUGUST 6, 1987 In exercising the above-mentioned powers such Board may, in conformity with the provisions of this Article l l01g, Vernon's Annotated Civil Statutes, reverse 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 that end shall have all the powers of the officer from whom the is taken. VIII. APPEALS TO THE BOARD 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 the papers constituting the record upon which the action appealed from was taken. When hearing such an appeal, the Boards 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 Board 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 to the ordinance. An appeal stays all proceedings 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 facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case 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. Page 11 of 19 BOARD OF ADJUSTMENT BYLAWS ADOPTED AUGUST 6, 1987 Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board of 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 If after receiving a warning from the Chairman, a person or group of persons, persists in disturbing the meeting, the Chairman or the person acting as Chairman may order that 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. Removal from a Meeting. The Chief of Police, or such member or members of the Police Department as the Chairman or 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 and instructions given by the Chairman for the purpose of maintaining order and decorum at the meetings 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. ENFORCEMENT 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 him to do so. Page 12 of 19 BOARD OF ADJUSTMENT BYLAWS ADOPTED AUGUST 6, 1987 XI. CAMERAS AND LIGHTING Supplemental Lighting. Supplemental lighting for television and motion picture cameras shall be used only with the exercise of 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. 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 it 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 second degree of affinity or consanguinity has substantial interest in. Substantial interest shall be determined by the current wording of section 988B of Vernon's Annotated Civil Statutes. The current act states that a person has a substantial interest in a business or real property if: The interest is ownership of ten percent or more of the voting stock or shares of the business entity or ownership or $2,500 or more of the fair market value of the business entity; or , Funds received by the person from the business entity exceed ten percent of the person's gross income for the previous year. The person's interest is an equitable or legal ownership with a fair market value of $2,500 or more. 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. The affidavit must be filed with the City Secretary and is attached to this document as exhibit "B". Page 13 of 19 BOARD OF ADJUSTMENT BYLAWS ADOPTED AUGUST 6, 1987 THE SCOTT FORESMAN ROBERT'S RULES OF ORDER NEWLY REVISED GENERAL HENRY M. ROBERT U.S. Army A New and Enlarged Edition by SARAH CORBIN ROBERT' With the assistance of HENRY M. ROBERT III WILLIAM J. EVANS JAMES W. CLEARY SCOTT, FORE5MAN AND COMI'ANY Glenview, Illinois London, England EXHIBIT "A" Page 15 of 19 BOARD OF ADJUSTMENT BYLAWS ADOPTED AUGUST 6, 1987 Art. 101 lg. Board of adjustment Such local legislative body may provide for the appointment of a Board of Adjustment, and in the regulations and restrictions adopted pursuant to the authority of this Act~ 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 ordinance in harmony with its general purpose and intent and in accordance with general or specific rules therein contained. The Board of Adjustment shall consist of five (5) members, each to be appointed for a term of two (2) years and removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Provided, however, that the governing body of any city may, by charter provision or ordinance, provide for the appointment of two (2) alternate members of the Board of Adjustment who shall serve in the absence of one or more regular members when requested to do so by the mayor or city manager, as the case may be. All cases to be heard by the Board of Adjustment will always be heard by a minimum number of four (4) members. These alternate members, when appointed, shall serve for the same period as the regular members and any vacancies shall be filled in the same manner and shall be subject to removal as the regular members. The Board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this Act. Meetings of the Board shall be held at the call of the chairman and at such other times as the Board 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 shall be open to the public. The Board 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 Board and shall be a public record. 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 taker, 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 the papers constituting the record upon which the action appealed from was taken. Page 16 of 19 BOARD OF ADJUSTMENT BYLAWS ADOPTED AUGUST 6, 1987 An appeal stays all proceedings 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 facts stated in the certificate a. stay would, in his opinion, cause imminent peril to life or property. In such case 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.. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. The Board of Adjustment shall have the following powers: To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this Act or of any ordinance adopted pursuant thereto. To hear and decide special exceptions to the terms of the ordinance upon which such Board is required to pass under such ordinance. To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the 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. In exercising the above-mentioned powers such Board may, in conformity with the provisions of this Act, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. 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 in such ordinance. Page 17 of 19 BOARD OF ADJUSTMENT BYLAWS ADOPTED AUGUST 6, 1987 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. Upon presentation of such petition the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a. return thereto must be made and served upon the relator's attorney, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board and on due cause shown, grant a restraining order. The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm wholly or partly, or may modify the decision brought up for review. Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. All issues in any proceeding under this Section shall have preference over all other civil actions and proceedings. Acts 1927, 40th Leg., p. 424, ch. 283, §7; Acts 1959, 56th Leg., p. 545, ch. 244, § 1; Acts 1961, 57th Leg., p. 687,.ch.. 322, § 1. ~ Articles 10 1 la- 100j. Page 18 of 19 BOARD OF ADJUSTMENT BYLAWS ADOPTED AUGUST 6, 1987 Historical Note The provisions of the second paragraph The 1961 amendment provided, in the second relating to alternate members were added by paragraph, that all cases heard by the board the amendatory Act of 1959. of adjustment would be heard by a minimum number of "four" instead of "five" members. In general 2 Burden of proof Review 20 Variance and exceptions Constitutionality 1 10 Discretion of board, review 21 Estoppel 15 Evidence, review 19 Filing of decision, review 17 Findings and judgment of court or jury 14 Hearings before board 7 Judicial supervision 3 Members of board 4 Nonconforming use, extensions, variance and exceptions 12 Notes of Decisions Orders and determinations of board 13 Particular variances and exceptions 11 Parties, review 16 Powers of board in general 5 Presumptions and burden of proof, variance and exceptions 10 Purpose of variance and exceptions 9 Quasi-judicial functions 6 Review 16 - 21 In general 16 Burden of proof 20 Discretion of board 21 Evidence 19 Filing of decision 17 Partie s 18 Validity 1 Page 19 of 19 BOARD OF ADJUSTMENT BYLAWS ADOPTED AUGUST 6, 1987