BL 1987-08-06 BOABYLAWS AND POLICIES
OF
THE BOARD OF ADJUSTMENTS
CITY OF COPPELL, TEXAS
ADOFrED
AUGUST 6, 1987
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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
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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
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BOARD OF ADJUSTMENTS
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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".
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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"
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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.
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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.
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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.
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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
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BOARD OF ADJUSTMENT BYLAWS
ADOPTED AUGUST 6, 1987