HomeMy WebLinkAbout11202003 ZBA Rules of Procedure
City of West University Place
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Zoning Board of Adjustment
Rules of Procedures
ARTICLE I
Meetings
Section 1. Regular meetings of the Zoning Board of Adjustment (ZBA) shall be held at
6:30 PM, on the third Thursday of each month. The City Manager, with
concurrence from the Presiding Officer may reschedule any meeting of the ZBA.
Section 2. Special meetings may be called by the Presiding Officer of the ZBA or at the
request of two commission members.
Section 3. Notice of all meetings shall be posted as required by Texas Local Government
Code § 212 and Article 11 of the City's Code of Ordinances. Each member of the
ZBA shall be notified in writing at least 72 hours prior to the meeting except in
the case of emergency meetings, which can be called with two hours notice.
Section 4. A quorum for hearing by the Board shall consist of four members.
ARTICLE II
Applications Before the Board
Section 1. Each application to the Board shall be made on the standard City forms and shall
be filed in the office of the Building Division, 3 826 Amherst, West University
Place, Texas.
Section 2. To b e c onsidered f or p lacement o n t he agenda of t he n ext r egular in eeting, a 11
required data must be received and docketed by 12 noon on the 20th day prior to
the next regular meeting. The Board may reject any application not made on the
prescribed form properly filled out with all required data attached.
Section 3. Every appeal must be filed on or before the tenth regular City business day
following the date the Building Official refuses to issue a permit, or the date the
Building O fficial e titers an o rder, ruling, d ecision, o r d etermination, t hat i s t he
subject of the appeal, and the Building Official shall so advise the applicant in
writing. Upon written motion and a showing of good cause, the Board may allow
an appeal to be late-filed (after the ten-day period specified above).
3800 University Boulevard- West University Place, Texas 77005-2899 • 713966894441 • www.westu.org
Section 4. Any communication purporting to be an appeal shall be regarded as mere notice
to seek relief until it is made in the form required by these rules.
ARTICLE III
The Docket and Calendar
Section 1. Each application filed in proper form with the required data shall be numbered
serially, docketed, dated, and placed upon the calendar of the board by the
Recording Secretary. The docket numbers shall begin anew on January first of
each year and shall be hyphenated with the number of the year in which the
application is filed.
Section 2. All cases docketed more than 20 days preceding a regular meeting day, and for
which t he m eeting r equirement o f S tate Law c an b e complied, s hall b e s et f or
hearing on the succeeding regular meeting day. Cases docketed within 19 or
fewer days of the regular meeting day, for which the meeting requirements of
State Law cannot be complied, shall be set for hearing no later than the second
regular meeting day after docketing of the application.
Section 3. Applications shall be heard in the order in which they appear on the calendar,
unless the Board changes the order by motion. Action or further proceedings on
an application may be suspended at any time as determined by the Board upon
motion. Where all applications cannot be disposed of on the day set, the Board
may adjourn from day to day, or until the next regular meeting, as it may order.
Section 4. Notice as prescribed in Section 11-101 of the Zoning Ordinance will be given to
applicants or other interested parties by the Board; provided however, notice may
be posted on the site of the property which is the subject of the hearing, rather
than published in a newspaper. Notice published on site shall be placed on a
surface approximately 2' by 3', on which appears in type between 250 and 500
points the words "Zoning Relief Requested" and placed thereon the form of notice
posted for viewing at City Hall.
Section 5. No informal request for advice, or moot questions, will be considered by the
Board. (However, the Building Official may seek advice or guidance from the
Board by formally presenting matters to the Board at a meeting.) Any advice or
opinion, or information given by any individual Board Member or the Recording
Secretary, or any other official or employee of the City of West University Place,
shall not be binding on the Board. Because of the annoyance caused by
individuals appealing personally to members of the Board, it is declared the
policy of the Board to disapprove of any such personal appeals.
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ARTICLE IV
Hearings
Section 1. Hearings shall be held by the ZBA in the Municipal Building, 3800 University
Boulevard, in the City of West University Place, Texas, or at such other place as
set forth in the notice of hearing.
Section 2. A quorum for hearing by the ZBA shall consist of four members. A lesser
number may meet and reschedule or adjourn a meeting. If any member of the
Board (Positions 1-5) is absent, the Secretary shall advise the Board as to which
Alternate(s) is/are designated to be a voting member of the Board for that
meeting. Each Alternate, regardless of whether he or she is designated as a voting
member, may participate in the discussions and deliberations for each matter
heard b y t he Board. H owever, o my t he d esignated v oting A lternate(s), i f any,
may vote on any matter before the board.
Section 3. All hearings shall be open to the public.
Section 4. The applicant may appear personally or be represented by agent or attorney at the
hearing. In the absence of any personal appearance on behalf of the applicant, the
Board will proceed to dispose of the matter on the record before it, or the Board
may provide for a hearing at a future date, in which event it shall give verbal
notice at the hearing, so that all present will be on notice of the date set for future
hearing. If required by state law or city ordinance, additional notices shall be
given.
Section 5. The normal order of proceedings for hearings before the ZBA is as follows:
1. Call to order and administration of oaths to witnesses
(I do solemnly affirm that I will testify to the truth under penalty of perjury so
help me god.)
2. (Optional: Background report by City staff)
3. Presentation by the applicant
4. Receipt of written comments, protests, etc.
5. Presentations by other interested persons
6. Presentation by City staff
7. Response by the applicant (limited to issues raised by interested persons, City
staff, written comments, etc.)
8. Incorporation of testimony, exhibits, etc. into record and close of hearing.
Members of the ZBA may pose questions to each witness. Other persons may
submit w ritten q uestions t o b e a sked b y t he P residing O fficer, at t he P residing
Officer's discretion. If requested by written motion and supported by a showing
of good cause and true need, the ZBA may allow direct cross-questioning.
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ARTICLE V
Meeting Procedures
Section 1. Except as otherwise prescribed by these rules, the ZBA meetings may be
conducted in accordance with Robert's Rules of Order (ninth edition), at the
Presiding Officer's discretion or at the discretion of two board members. If any
question arises as to procedure, the ruling of the Presiding Officer shall be final
unless reversed by a vote of at least three members.
Section 2. Informal voice voting shall be used, unless a Z BA member requests a roll call
vote. Where there is a single vote on a group of items, under circumstances
where no member requests a separate vote, the vote on the group is deemed the
same as a separate, identical vote on each item.
Section 3. The presiding officer will preserve order and decorum, preventing the impugning
of any member's motives or other personal comments not relevant to the orderly
conduct of business. The presiding officer shall request all speakers to keep
comments brief and relevant to the question before the ZBA. All persons present
in the meeting room should eschew abusive, rude or inappropriate conduct.
Section 4. This paragraph applies to general comments in public sessions (not formal public
hearings). Speakers should limit their presentations to three minutes each or other
such limitations as may be decided by the Presiding Officer or a majority vote of
the ZBA members present. Speakers should direct all remarks and questions to
the presiding officer, who may refer them for investigation, response or other
action. The Texas Open Meetings Act requires the City to post a notice, in
advance, listing every topic or subject to be considered by the ZBA. This law
may prevent the ZBA from considering a subject raised by a member of the
public. In this case, the presiding officer may refer the matter and the ZBA may
direct that the matter be placed on the agenda for an upcoming meeting.
Section 5. Any of the rules prescribed by this section may be suspended, for any single
meeting, by a vote of three-fourths of the ZBA members present.
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ARTICLE VI
Final Disposition
Section 1. The Board's decision shall: (i) affirm, modify or reverse the refusal of a permit
by, or any order or decision of, the Building Official, (ii) grant, modify or deny a
special exception or variance, or (iii) include two or more of these actions. Each
decision shall be reduced to writing and shall set forth the action taken and the
conditions, if any, imposed. Every application shall be deemed disallowed, unless
the concurring vote of four members of the Board shall favor the application prior
to adjournment, unless another disposition is expressly made by the Board (such
as, for example, taking the matter under advisement or postponing action to the
next meeting). The vote of each member present on each decision shall be
recorded with the decision. An appeal or an application for variance or special
exception shall be deemed denied upon the vote of two or more voting members
supporting a motion to deny; or upon the vote of one or more voting members
supporting a motion to deny if only four members are present provided, a second
to the motion shall not be deemed a second vote for the denial, unless decided
otherwise by a majority of those present and voting prior to adjournment.
Section 2. Any applicant may, in writing, or upon the record at a meeting withdraw his
application prior to a final disposition by the Board.
Section 3. If an application is granted by the Board, the written decision shall contain
conditions as follows: (i) that all permits necessary for the prosecution of work
shall be applied for within 90 days, or such other period determined by the Board,
(ii) that construction shall be commenced and completed within two years from
the date of granting by the Board, unless otherwise prescribed in the decision
itself, or unless an extension of time is granted by the Board and (iii) the decision
shall be recorded with Harris County Clerk's Office (Real Property Records). No
extensions may be granted by the Building Official unless authorized to do so by
the Board. Neither additional notice nor hearing is required for granting a time
extension. If any such condition is not fulfilled within the prescribed time, the
decision remains in effect but is subject to reversal or modification by the Board
without additional notice or hearing.
Section 4. The applicant and the Building Official will be notified of the decision of the
ZBA.
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ARTICLE VII
Rehearing
Section 1. No rehearing of any decision by the Board shall be heard except on motion or
notification to the Recording Secretary by a member of the Board to reconsider
the vote. The motion or notification for rehearing shall be made within 10 days of
the date the decision is filed in the Board's office. The request for rehearing shall
be acted upon within 30 days after the decision has been filed or at the next
regular meeting of the ZBA (whichever comes later) and carried by not less than
four concurring votes.
Section 2. No motion for a rehearing shall be entertained except upon a suggestion that new
evidence will be submitted, which was not presented at the meeting at which the
hearing was originally heard. The Board may require the presentation of new
evidence and may affirm the original decision upon a finding that no new
evidence has been presented without hearing additional evidence.
Section 3. If a rehearing is granted, the case shall be put on the calendar for a rehearing and
new notices sent to property owners in accordance with provisions of these rules
and notice posted as required.
Section 4. After the decision of the Board is final (that is, no rehearing or appeal to the
District Court is pending), the Board need not conduct a hearing unless there shall
have been a substantial change in the circumstances affecting such property since
the prior decision on substantially the same issue. The Board may first hear
evidence on the issue of substantial change in the circumstances, and then make
the determination whether it will hold a hearing on the application or dismiss the
application.
ARTICLE VIII
Precedents
Section 1. Recognizing that each parcel of real property is unique, that the facts presented in
each case are almost always unique and that the applicant may not always meet
the heavy burden of proof imposed by state law and city ordinance, no action of
the Zoning Board of Adjustment shall set a precedent. Each case shall be decided
upon its merits and upon the circumstances attendant thereto.
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ARTICLE IX
Officers
Section 1. The City Council may provide for appointments of the Presiding Officer and the
Vice-Presiding Officer, and may allow one or both such officers to be selected by
the ZBA.
Section 2. The Presiding Officer shall preside at all meetings and hearings of the Board. In
the event of the absence or disability of the Presiding Officer, the Vice-Presiding
Officer shall preside. In the event of the absence or disability of both the
Presiding Officer and Vice-Presiding Officer, a temporary Presiding Officer shall
be elected to preside.
Section 3. The Presiding Officer, subject to these rules, shall decide all points of procedure
unless otherwise directed by a majority of the Board in session at that time.
Section 4. The Presiding Officer may designate members of the Board to make personal
inspections when necessary from time to time and, unless directed by a majority
of the Board, shall appoint such committees as may be found necessary.
Section 5. The Presiding Officer shall report at each meeting on all official transactions that
have not otherwise come to the attention of the Board.
Section 6. The Presiding Officer shall, subject to these rules and further instructions from the
Board, transact the official business of the Board and exercise general disciplinary
power.
Section 7. The Recording Secretary shall be such person as may be designated by the City
Manager.
Section 8. The Recording Secretary, subject to the provisions of the Zoning Ordinance, these
rules, and the direction of the Board and Presiding Officer, shall conduct all
correspondence of the Board; shall attend all meetings of the Board and all
hearings; shall scrutinize all applications to see that these rules are complied with;
shall keep all dockets and minutes of the Board's proceedings; shall maintain the
necessary files and indexes and generally supervise all clerical work of the Board.
The Recording Secretary shall, upon docketing any application notify any
property owner or other person required to be notified under the provisions of the
Zoning Ordinance and State Law.
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Section 9. The Recording Secretary shall require from the applicant such additional
information and data as may be required to fully advise the Board with reference
to the application, whether or not such information and data is called for by the
official forms or not. Any failure or refusal on the part of the applicant to furnish
such additional information or data shall be grounds for the dismissal of the
application by the Board.
ARTICLE X
Minute Book
Section 1. The Recording Secretary shall keep a permanent Minute Book which shall record
all applications docketed, disposition of action of the ZBA by individual vote and
in the case of denial of an application considered by the ZBA, state the reason or
reasons given by the Board for such denial.
ARTICLE XI
Resolutions
Section 1. Every resolution not otherwise provided for shall require a majority vote of the
members present at a legally constituted meeting.
ARTICLE XII
Amendments; Suspension
Section 1. These Rules of Procedures may be amended at any meeting by a vote of not less
than four members of the Board, provided that such amendment is presented in
writing at a regular meeting as a special agenda item. Any of the rules may be
suspended, for any single meeting or proceeding, by a vote of at least four
members.
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ARTICLE XIII
Valid Action
Any action taken by the ZBA, in compliance with applicable law, shall be deemed to have
waived these Rules of Procedure as to the action taken. Such action shall be valid despite any
technical noncompliance with these Rules of Procedure or their predecessors.
Adopted by the Zonigg Board of Adjustment of the City of West University Place, effective the
A6 ' day of WJ
Mark a s, Presiding Officer
Zoning Bo d of Adjustment
City of Weis' University Place
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