HomeMy WebLinkAbout10042021 ZBA Agenda Item 3 Zoning Board of Adjustment
City of West University Place, Texas
Rules of Procedure
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ARTICLE I
Meetings
Section 1. Regular Meetings. Regular meetings of the Zoning Board of Adjustment
(the "Board" or the "ZBA") shall be held at 6:30 P.M., on the fourth
Thursday of each month-, except the November and December meetings,
which will be held on the third Thursday so no conflict with holidays will
occur. -The City Manager, with concurrence from the Presiding Officer,
may reschedule any meeting of the ZBABoard.
Section 2. Special Meetings. Special meetings may be called by the Presiding Officer
of the BoardZBA, by three members of the Board or by the City Manager,
as needed.
Section 3. Open Meetings Act. Notice of all meetings shall be posted as required by
the Texas Open Meetings Act Act, Chapter 211 of the Texas Local
Government Code, and any applicable local ordinance. Each regular
member of the ZBABoard shall be notified in writing at least 72 hours prior
to thea special meeting except in the case of emergency meetings, which
can be called with -hoursone hour notice.
Section 4. Quorum. A quorum for hearing by the Board shall consist of four (4)
members. A lesser number may meet and reschedule, recess or adjourn a
meeting or hearing.
Section 5. Alternates. If fewer than five regular members of the Board are present at
a meeting, the alternate(s) to serve and vote at that meeting shall be as
designated by the Mayor or City Manager. [211.008(a)]. Each alternate
may participate in the discussions and deliberations for each matter heard;
however, only the designated voting alternate(s) may vote on any matter
before the board.
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ARTICLE II
Applications Before the Board
Section a1. Jurisdiction — Appeals. EveryiAn appeal of an action of aethe City
Manager, including the building officials, zoning officials and the
Recording Secretary (each individually an "Administrative Official")
regarding the enforcement of the City's Zoning Ordinance must be filed in
writing _ _ _ _ - -- -• • _ _ _ _' __ • - with the Board and the
Administrative Official not later than the 20th day-day following the date the
Administrative Official refuses to issue a permit, or the date the
Administrative Official enters an order, ruling, decision, or determination.
that is the subject of the appeal, and the Administrative Official shall so
cause, the Board may allow an appeal to be late filed (after the ten day
period specified above). See Code of Ordinances, Appendix A- Zoning
Ordinance. [211.010(b)].
Jurisdiction — Special Exceptions, Variances and Other Matters. The
Board may hear and decide special exceptions, variances, and other
matters authorized by an ordinance. [211.009(a)l.
Section 1-2. Application Forms; Fees. Each aapplication and/or notice of appeal
("Application") to the Board shall be made on the standard City forms and
shall be filed with the designated secretary for the Board ("Recording
Secretary") in the office of the Building Division, 3826 Amherst, West
University Place, Texas. Every Application shall specify the grounds for
the requested action or appeal. No Application is complete until all
applicable fees have been paid.
A. Appeals from Administrative Official's Action. Applications for an
appeal from an action of the Administrative Official must include the
street address and legal description of the property to which the action in
question relates; the name, address, and contact information of the
person filing the appeal; the nature and date of the action in question;
the specific interest the person filing the appeal has in the action in
question; a brief explanation as to why the applicant believes the action
was incorrect; and any other information that the applicant believes
relevant to the Board's consideration of the matter. [211.009(a)(1);
211.009(b)1
B. Variances. Applications for a variance must include the street address
and legal description of the property to which the requested variance
relates; the name, address, and contact information of the person filing
the appeal; the provision(s) of the Zoning Ordinance from which the
applicant seeks relief; a brief explanation why the applicant believes that
the Board should grant the requested variance, including the special
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conditions that cause applicant's hardship and the conditions that should
be applicable to the variance so that the spirit of the Zoning Ordinance is
observed and substantial justice is done; and any other information that
the applicant believes relevant to the Board's consideration of the
matter. In determining hardship, the Board may consider whether (1) the
financial cost of compliance is greater than 50% of the appraised value
of the structure as shown on the tax roll; (2) compliance would result in a
loss to the lot on which the structure is located of at least 25% of the
area on which development may physically occur; (3) the structure
would be in compliance with a requirement of a municipal ordinance or
other requirement; (4) compliance would result in the unreasonable
encroachment on an adjacent property or easement; and (5) the
structure is a nonconforming structure. [211.009(a)(3); 211.009(b-1Th
C. Special Exceptions. Applications for a special exception must include:
the street address and legal description of the property to which the
requested special exception relates; the name, address, and contact
information of the person filing the appeal; a citation to the provision(s)
of the Zoning Ordinance that authorizes the special exception requested;
a specific description of the special exception that the applicant seeks; a
brief explanation why the applicant believes the Board should grant the
special exception; and any other information that the applicant believes
relevant to the Board's consideration of the matter. [211.009(a)(2).
D. Combined Applications. A single application may combine an appeal of
the Administrative Official's action and one or more requests for variances
or special exceptions if they all relate to a single property and contain the
information required for each request.
E. Owner Approval. The owner or owners of the property involved in an
Application must join in the Application.
Section 23. Rejection of Applications. To be considered for placement on the agenda
of the next regular meeting, al-I required data must be received and
docketed by 12 noon on the 20th day prior to the next regular meeting.The
Recording Secretary is authorized to act for the Board to reject any
applications that are: a) not filed by the applicable deadline; b) not
substantially complete; or c) are not accompanied by the required fee. An
applicant who believes that the Recording Secretary wrongfully rejected
an application may appeal the Recording Secretary's decision to the
Board by filing a written notice of appeal. The Recording Secretary shall
place the matter on the agenda for the next Board meeting. The Board
may reject any application not made on the prescribed form properly filled
out with all required data and fees attached.
Section 3. Every a _ __ _ _ _ _ _ -- -
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. — — - — — —
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Section 4. Other Communications. Any communication purporting to be an appeal or
Application shall be regarded as mere notice to seek relief until it is made
in the form required by these rules, accompanied by the tender to the City
of the applicable fees.
Section 5. Stays. An appeal of the decision of an Administrative Official stays all
proceedings in furtherance of the action that is appealed unless the
Administrative Official from whom the appeal is taken certifies in writing to
the Board facts supporting the Administrative Official's opinion that a stay
would cause imminent peril to life or property. In that case, the
proceedings may be stayed by a restraining order granted by the Board,
after notice to the Administrative Official, if due cause is shown.
1211.010(d)1.
ARTICLE III
The Docket; Notices of Hearings, Etc.
Section 1. The Docket. Each applicatienApplication filed in proper form with the
required data shall be numbered serially, docketed, dated, and placed
upon the agenda of the boardBoard 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
a-pplicationApplication is filed.
Section 2. Hearings. All cases docketed more than 20 days preceding a regular
meeting day, and for which the notice requirement can be met, shall be
within 19 or fewer days of the regular meeting day, for which the notice
requirements cannot be met, shall be set for hearing no later than the
second regular meeting day after docketing of the application.The
Presiding Officer or the Board shall set a reasonable time for the hearing
on the Application, and shall give the public notice of the hearing and due
notice to the parties in interest. 1211.010(d)1.
Section 3. Call of Docket. Applications shall be heard in the order in which they
appear on the agenda, unle'c the Board changes the order by motion.
time as determined by the Board upon motionApplications shall be heard
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in the order in which they are filed with the Recording Secretary, except
that an application may be advanced for hearing by Board for good cause
shown. -Where all aApplications cannot be disposed of on the day set, the
Board may adjourn from day to the next day, to a special meeting, or until
the next regular meeting, not more than fifty (50) days after the application
was filed, as itthe Board may order.
Section 4. Public Notice. The Recording Secretary shall give Nnotice as prescribed in
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.
Section 5. Justiciability Required. No informal request for advice, or hypothetical
questions, will be considered by the Board. (However, tThe Administrative
Official may seek advice or guidance from the Board by formally
presenting matters to the Board at a meeting, but such advice or
guidance, if any, shall not be binding on the Board...-)
ARTICLE IV
Hearings
Section 1. Place and Manner. Hearings shall be held by the ZBABoard in the
Municipal Building, or at such other place or in such other manner as set
forth in the notice of hearing.
Section 2. Public Hearings. All hearings shall be open to the public. 1211.1008(c)1
Section 3. Parties.
Aa. Applicant. The applicant is automatically designated as a party to the
case and may appear personally or be represented by agent or attorney at
the hearing. In the absence of any 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.
bB. Other Parties. Other persons may be designated as parties to a
case, but only after filing a written motion: (i) requesting to be
designationeb as a party, (ii) explaining how the person is affected
differently from the public at large, and (iii) identifying any special
statutory right to appeal. Such a motion must be filed before the start of
the public hearing. If the person will be affected differently from the public
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at large, or if the person has a special statutory right to appeal, the Board
may designate the person as a party. Designated parties may appear
personally or by agent or attorney at the hearing.
Section 4. Hearing Process. The normal order of proceedings for hearings before
the ZBABoard 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. Procedural Matters (designation of parties, determination of time
periods of presentations, etc.).
Note: The Presiding Officer may determine reasonable time limits
for presentations (before questions by others). Anyone may request
additional time upon a showing of need for the additional time.
3. Presentation by the applicant
4. Receipt of written comments, protests, etc.
Note: These will be normally received for limited purposes (for
example, to indicate the opinion of the writer) but not to establish
facts that may be in dispute. If an objection is raised by a
designated party or the Administrative Official, the Board may
refuse to receive an item or receive it for other purposes.
5. Presentations by other interested persons and other designated
parties (if any)
6. Presentation by the Administrative Official
7. Response by the applicant (limited to issues raised by other
presentations, written comments, etc.)
8. Incorporation of testimony, exhibits, etc. into the record
(followed by deliberation, decision, etc.)
Section 5. Cross-Examination Permitted. For each witness, reasonable, oral
questioning is allowed, as follows: (i) First, the presenting party may ask
direct questions. (ii) Next, the other parties (if any) may ask questions.
(iii) Next, the Administrative Official may ask questions. (iv) Next, the
members of the Board may ask questions. (v) Finally, the presenting
party may ask re-direct questions (limited to matters raised by other
questions). Non-parties may submit written questions to be asked by the
Presiding Officer, at the Presiding Officer's discretion.
ARTICLE V
Meeting Procedures-Generally
Section 1. ' ee - . --e - e •- - e - . •e-e e •- - . - :e. e
ZBA meetings may be conducted in accordance with Robert's Rules of
Order Newly Revised, [10th ed.], p. 15, I. 17 25; p. 561 62, 560; at the
Presiding Officer's discretion or at the discretion of twothree board
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members.
Section 2. Votes. The Board shall keep minutes that indicate the vote of each
member on each question, or the fact that a member is absent or fails to
vote. Informal voice voting—shafl be used, unless a ZBA 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.Any final decision on any Application must show the members of the
Board voting to 1) reverse an order, requirement, decision, or
determination of an administrative official, 2) decide in favor of an
applicant on a matter on which the Board is required to pass under the
Zoning Ordinance, or 3) authorize a variation from the terms of the Zoning
Ordinance. [211.008(f); 211.009(c)1.
Section 32. Decorum Required. 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 ZBABoard. All persons present in the
meeting room should eschew abusive, rude or inappropriate conduct.
Section 43. Limitation on Public Comments. This Section 4paragraph applies to
general comments in public sessions (but does not apply to comments
regarding a pending case, which may only be received during the public
hearing on that case). Speakers should limit their presentations to three
minutes each or other such limitations as may be decided by the Presiding
Officer. Speakers should direct all remarks and questions to the
Presiding Oefficer, 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
ZBABoard. This law may prevent tThe ZBABoard is prohibited from
considering a subject raised by a member of the public not on the agenda,
except . In this case, the Presiding eOfficer may refer the matter and the
ZBABoard may direct that the matter be placed on the agenda for an
upcoming meeting.
Section 4. Ex parte Communications. A Board member shall not initiate, permit, or
consider ex parte communications or other communications made to the
board member outside the presence of the Board at a posted meeting
regarding any matter subject to a decision of the Board. This Section 5
does not prohibit: communications regarding uncontested administrative
and uncontested procedural matters.
Section 5. Conflicts of Interest. A Board member who has a conflict of interest as
defined by Chapter 171 of the Texas Local Government Code or who,
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because of personal circumsntances, believes that he or she cannot
render a fair and impartial decision in a matter, should inform the
Recording Secretary of the conflict prior to the start of the meeting at
which the matter will be considered. A Board member shall abstain from
participation in any mattter in which they have a conflict of interest.
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ARTICLE VI
Final Disposition
Section 1. Time of Decision. The Board shall decide any Application at the meeting
for hearing on the Application or at the next meeting for which notice can
be provided following the hearing, provided that a final decision shall be
made not later than the 60th day after the Application was filed.
J211.010(d)].
Section 1-2. Scope of Decision.
A. Appeals. In exercising its authority to hear an appeal of an
Administrative Official's action, Tthe Board's decision shallmay: reverse or
affirm, in whole or in part, or modify the Administrative Official's order,
requirement, decision, or determination from which the appeal is taken
and make the correct order, requirement, decision or determination.
B. Other Applications. (i) affirm, modify or reverse the refusal of a permit
by, or any order or decision of, the Administrative Official, In exercising its
authority to hear an Application for special exception or variance, the
Board's decision may (ii) grant, modify or deny athe special exception or
variance, or (iii) include two or more of these actions.-
Section 3. Vote Required to Make Decision. - _ - _ - _ . _ . _
imposed. Every applicatienApplication shall be deemed disallowed; unless
the concurring vote of four (4) members of the Board shall favor the
applicatieaApplication. prior to adjournment, unless another disposition is
- --- -- - -- -- - . . . - - - - -- -- _ . The vote of
each member present on each decision shall be recorded with the
decision.
Section 4. Vote Required to Deny Application. An appeal or an Aapplication for
variance or special exception or variance shall be deemed denied: (i) upon
the vote of two (2) or more voting members supporting a motion to deny;
or (ii) upon the vote of one or more voting members supporting a motion to
deny if only four members are present (Note: -Neither the motion nor a
second to the motion is a vote to deny), unless, in either case, the Board
makes a different disposition prior to adjournment of the meeting at which
the Application is being considered.
Section 235. Amendment and Withdrawal of Application. An Application may be
amended after notice has been given only by permission of the Board.
Any applicant may, in writing, or upon the record at a meeting withdraw
hican applicafienApplication prior to a final disposition by the Board.
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Section 346. Written Decisions. Each decision on an Application shall be reduced to
writing and shall set forth the action taken and the conditions, if any,
imposed. If an application 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 180 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). The
Presiding Officer shall certify the written decision and shall file the decision
with the Recording Secretary on or before sixty (the 60th day) days after
the Application was. filed.-
Section 57. Limitations on Work Under a Variance or Special Exception. The
Administrative Official may extend the time to apply for a permit for one
additional 180 day period. -Time to complete the permitted work may not
be extended by anyone other than 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 548. Judicial Review of Board's Decision. The Presiding Officer shall file the
Board's decision with the Recording Secretary in the Board's office, at
which time the decision becomes final and subject to judicial review in
accordance with Texas Local Government Code Section 211.011 . The
Recording Secretary shall notify Tthe applicant__ and the Administrative
Official, and -other person given party status by the Board in accordance
with the information to the Board by such person's prior to the decisionwll
be notified of the decision of the ZBA.
Section 9. Reconsideration of Decision. No additional application to the Board shall
be allowed for substantially the same relief for substantially the same
property unless there shall have been a substantial change in the
circumstances affecting such propertysince the prior decision.
ARTICLE—WISection 1. No decision by the Board shall be reheard or reconsidered except on
written motion filed by a member of the Board with the Recording
Secretary on or before the tenth day following the date the decision is filed
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the decision has been filed, or at the next regular meeting of the ZBA
The Board may grant either rehearing or reconsideration only (without
rehearing).
Section 2. The Board may not grafi re- aring unless there is a suggestion that new
which the h aring was originally herd. The Board may require the offer of
new evidence has been offered.
Section 3. If a rehearing is granted, the ea,c shall be put on the calendar for a
rehearing and new notice shall be given in accordance with these rules.
later time.
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case. The Board may first her evidence on the issue of substantial
there is no substantial change, the Board may dismiss the application.
ARTICLE =VII
Precedents
Section 1. Precedents. 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.
ARTICLE 'XVIII
Officers
Section 1. Officers. 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 BoardZBA.
Section 2. Presiding Officer. 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
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Officer, a temporary Presiding Officer shall be elected to preside.
Section 3. Conduct of Meeting; Points of Order. The Presiding Officer, subject to
these rules, shall decide all points of procedure. The Board may reverse,
affirm or modify any ruling by the Presiding Officer, whether on a point of
procedure or otherwise.
Section 4. Committees. The Presiding Officer, unless otherwise directed by the
Board, shall appoint such committees as may be found necessary.
Section 5. Reports. 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. Powers of Presiding Officer. 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. Recording Secretary - Appointment. The Recording Secretary shall be
such person as may be designated by the City Manager.
Section 8. Recording Secretary - Duties. 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 is authorized to reject incomplete
applications as provided in Article II, Section 3 above.
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. [See also Article II,
Section II abovel.
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
the applicant to furnish such additional information or data shall be
ARTICLE XD(
Minute Book
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Section 1. Minutes. The Recording Secretary shall keep a permanent Minute Book
which shall record all applications docketed, disposition of action of the
ZBABoard by individual vote and in the case of denial of an aApplication
considered by the ZBABoard, state the reason or reasons given by the
Board for such denial. The minutes and records shall be filed immediately
in the Board's office and are public records. [211.008(f)].
ARTICLE XIX
Required Number of Votes
Section 1. Vote Required. Action by the Board requires three votes in favor, except
when state law, the Zoning Ordinance or these rules specify a different
number. See, for example, the provisions requiring: (i) four votes to grant
applications, (ii) four votes to grant a motion for rehearing or
reconsideration, and (iii) four votes to suspend these rules. [Compare
211.008(e) (majority vote) with 211.008(d) and 211.009(c) (75% vote of
the members of the board)].
ARTICLE-441
AAme-ndments; Suspension
Section 1. These Rules of Procedures may be amended by the Board, provided that
or proceeding, by motion receiving at least four favorable votes.
ARTICLE X1-14X1
Valid Action
Section 1. Validity. Any action taken by the BoardZBA, 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 Zoning Board of Adjustment of the City of West University Place,-_on
March 20 , 201/12021, effective upon approval of the City
Council. [211.008(e)1.
Samantha Brantley , Presiding Officer
Zoning Board of Adjustment
City of West University Place
1:
Approved by the City Council of the City of West University Place on , 2021.
, Mayor
City of West University Place
Attest:
Thelma Gilliam, City Secretary
1,
Zoning Board of Adjustment
City of West University Place, Texas
Rules of Procedure
00000000000000000000000000000000000
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0044444.440000
ARTICLE I
Meetings
Section 1. Regular Meetings. Regular meetings of the Zoning Board of Adjustment (the
"Board" or the "ZBA") shall be held at 6:30 P.M., on the fourth Thursday of each month, except
the November and December meetings, which will be held on the third Thursday so no conflict
with holidays will occur. The City Manager, with concurrence from the Presiding Officer, may
reschedule any meeting of the Board.
Section 2. Special Meetings. Special meetings may be called by the Presiding Officer of the
Board, by three members of the Board or by the City Manager, as needed.
Section 3. Open Meetings Act. Notice of all meetings shall be posted as required by the
Texas Open Meetings Act. Each regular member of the Board shall be notified in writing at least
72 hours prior to a special meeting except in the case of emergency meetings, which can be
called with one hour notice.
Section 4. Quorum. A quorum for hearing by the Board shall consist of four (4) members. A
lesser number may meet and reschedule,recess or adjourn a meeting or hearing.
Section 5. Alternates. If fewer than five regular members of the Board are present at a
meeting, the alternate(s)to serve and vote at that meeting shall be as designated by the Mayor or
City Manager. Each alternate may participate in the discussions and deliberations for each matter
heard; however, only the designated voting alternate(s)may vote on any matter before the board.
ARTICLE II
Applications Before the Board
Section 1. Jurisdiction of Board.
A. Jurisdiction — Appeals of Administrative Decisions. An appeal of an action of the
City Manager, including the building officials, zoning officials and the Recording Secretary
(each individually an "Administrative Official") regarding the enforcement of the City's Zoning
Ordinance must be filed in writing with the Board and the Administrative Official not later than
the 20th day following the date the Administrative Official refuses to issue a permit, or the date
the Administrative Official enters an order, ruling, decision, or determination, that is the subject
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of the appeal.. See Code of Ordinances, Appendix A- Zoning Ordinance.
B. Jurisdiction—Special Exceptions, Variances and Other Matters. The Board may hear
and decide special exceptions, variances, and other matters authorized by an ordinance.
Section 2. Applications.
A. Application Forms; Fees. Each application and/or notice of appeal ("Application") to
the Board shall be made on the standard City forms and shall be filed with the designated
secretary for the Board ("Recording Secretary") in the office of the Building Division, 3826
Amherst, West University Place, Texas. Every Application shall specify the grounds for the
requested action or appeal. No Application is complete until all applicable fees have been paid.
B. Appeals from Administrative Official's Action. Applications for an appeal from an
action of the Administrative Official must include the street address and legal description of the
property to which the action in question relates; the name, address, and contact information of
the person filing the appeal; the nature and date of the action in question; the specific interest the
person filing the appeal has in the action in question; a brief explanation as to why the applicant
believes the action was incorrect; and any other information that the applicant believes relevant
to the Board's consideration of the matter.
C. Variances. Applications for a variance must include the street address and legal
description of the property to which the requested variance relates; the name, address, and
contact information of the person filing the appeal; the provision(s) of the Zoning Ordinance
from which the applicant seeks relief; a brief explanation why the applicant believes that the
Board should grant the requested variance, including the special conditions that cause applicant's
hardship and the conditions that should be applicable to the variance so that the spirit of the
Zoning Ordinance is observed and substantial justice is done; and any other information that the
applicant believes relevant to the Board's consideration of the matter. In determining hardship,
the Board may consider whether (1) the fmancial cost of compliance is greater than 50% of the
appraised value of the structure as shown on the tax roll; (2) compliance would result in a loss to
the lot on which the structure is located of at least 25% of the area on which development may
physically occur; (3) the structure would be in compliance with a requirement of a municipal
ordinance or other requirement; (4) compliance would result in the unreasonable encroachment
on an adjacent property or easement; and(5) the structure is a nonconforming structure.
D. Special Exceptions. Applications for a special exception must include: the street
address and legal description of the property to which the requested special exception relates; the
name, address, and contact information of the person filing the appeal; a citation to the
provision(s) of the Zoning Ordinance that authorizes the special exception requested; a specific
description of the special exception that the applicant seeks; a brief explanation why the
applicant believes the Board should grant the special exception; and any other information that
the applicant believes relevant to the Board's consideration of the matter.
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E. Combined Applications. A single application may combine an appeal of the
Administrative Official's action and one or more requests for variances or special exceptions if
they all relate to a single property and contain the information required for each request.
F. Owner Approval. The owner or owners of the property involved in an Application
must join in the Application.
Section 3. Rejection of Applications. The Recording Secretary is authorized to act for the
Board to reject any applications that are: a) not filed by the applicable deadline; b) not
substantially complete; or c) are not accompanied by the required fee. An applicant who believes
that the Recording Secretary wrongfully rejected an application may appeal the Recording
Secretary's decision to the Board by filing a written notice of appeal. The Recording Secretary
shall place the matter on the agenda for the next Board meeting. The Board may reject any
application not made on the prescribed form properly filled out with all required data and fees
attached.
Section 4. Other Communications. Any communication purporting to be an appeal or
Application shall be regarded as mere notice to seek relief until it is made in the form required by
these rules, accompanied by the tender to the City of the applicable fees.
Section 5. Stays. An appeal of the decision of an Administrative Official stays all
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proceedings in furtherance of the action that is appealed unless the Administrative Official from
whom the appeal is taken certifies in writing to the Board facts supporting the Administrative
Official's opinion that a stay would cause imminent peril to life or property. In that case, the
proceedings may be stayed by a restraining order granted by the Board, after notice to the
Administrative Official, if due cause is shown.
ARTICLE III
The Docket; Notices of Hearings,Etc.
Section 1. The Docket. Each Application filed in proper form with the required data shall be
numbered serially, docketed, dated, and placed upon the agenda 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. Hearings. The Presiding Officer or the Board shall set a reasonable time for the
hearing on the Application, and shall give the public notice of the hearing and due notice to the
parties in interest.
Section 3. Call of Docket. Applications shall be heard in the order in which they are filed
with the Recording Secretary, except that an application may be advanced for hearing by Board
for good cause shown. Where all Applications cannot be disposed of on the day set, the Board
may adjourn to the next day, to a special meeting, or until the next regular meeting, not more
than fifty(50)days after the application was filed, as the Board may order.
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Section 4. Public Notice. The Recording Secretary shall give notice as prescribed in the
Zoning Ordinance to applicants or other interested parties; 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.
Section 5. Justiciability Required. No informal request for advice, or hypothetical questions,
will be considered by the Board. (The Administrative Official may seek advice or guidance from
the Board by formally presenting matters to the Board at a meeting, but such advice or guidance,
if any, shall not be binding on the Board.)
ARTICLE IV
Hearings
Section 1. Place and Manner. Hearings shall be held by the Board in the Municipal Building,
or at such other place or in such other manner as set forth in the notice of hearing.
Section 2. Public Hearings. All hearings shall be open to the public.
Section 3. Parties.
A. Applicant. The applicant is automatically designated as a party to the case and may
appear personally or by agent or attorney at the hearing. In the absence of any 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.
B. Other Parties. Other persons may be designated as parties to a case, but only after
filing a written motion: (i) requesting designation as a party, (ii) explaining how the person is
affected differently from the public at large, and (iii) identifying any special statutory right to
appeal. Such a motion must be filed before the start of the public hearing. If the person will be
affected differently from the public at large, or if the person has a special statutory right to
appeal, the Board may designate the person as a party. Designated parties may appear personally
or by agent or attorney at the hearing.
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Section 4. Hearing Process. The normal order of proceedings for hearings before the Board
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) Procedural Matters (designation of parties, determination of time periods of presentations,
etc.).
(3) Note: The Presiding Officer may determine reasonable time limits for presentations (before
questions by others). Anyone may request additional time upon a showing of need for the
additional time.
(4) Presentation by the applicant.
(5) Receipt of written comments, protests, etc. Note: These will be normally received for limited
purposes (for example, to indicate the opinion of the writer)but not to establish facts that may be
in dispute. If an objection is raised by a designated party or the Administrative Official, the
Board may refuse to receive an item or receive it for other purposes.
(6) Presentations by other interested persons and other designated parties (if any).
(7) Presentation by the Administrative Official.
(8) Response by the applicant (limited to issues raised by other presentations, written comments,
etc.).
(9) Incorporation of testimony, exhibits, etc. into the record (followed by deliberation, decision,
etc.).
Section 5. Cross-Examination Permitted. For each witness, reasonable, oral questioning is
allowed, as follows: (1) First, the presenting party may ask direct questions. (2) Next, the other
parties (if any) may ask questions. (3) Next, the Administrative Official may ask questions. (4)
Next, the members of the Board may ask questions. (5) Finally, the presenting party may ask re-
direct questions (limited to matters raised by other questions). (6) Non-parties may submit
written questions to be asked by the Presiding Officer, at the Presiding Officer's discretion.
ARTICLE V
Meeting Procedures-Generally
Section 1. Votes. The Board shall keep minutes that indicate the vote of each member on
each question, or the fact that a member is absent or fails to vote. Any final decision on any
Application must show the members of the Board voting to 1) reverse an order, requirement,
decision, or determination of an administrative official, 2) decide in favor of an applicant on a
matter on which the Board is required to pass under the Zoning Ordinance, or 3) authorize a
variation from the terms of the Zoning Ordinance.
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Section 2. Decorum Required. 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 Board. All persons present in the meeting
room should eschew abusive, rude or inappropriate conduct.
Section 3. Limitation on Public Comments. This Section 4 applies to general comments in
public sessions (but does not apply to comments regarding a pending case received during the
public hearing on that case). Speakers should limit their presentations to three minutes each or
other such limitations as may be decided by the Presiding Officer. 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 Board. The Board is prohibited from
considering a subject raised by a member of the public not on the agenda, except the Presiding
Officer may refer the matter and the Board may direct that the matter be placed on the agenda for
an upcoming meeting.
Section 4. Ex parte Communications. A Board member shall not initiate,permit, or consider
ex parte communications or other communications made to the board member outside the
presence of the Board at a posted meeting regarding any matter subject to a decision of the
Board. This Section 5 does not prohibit: communications regarding uncontested administrative
and uncontested procedural matters.
Section 5. Conflicts of Interest. A Board member who has a conflict of interest as defined
by Chapter 171 of the Texas Local Government Code or who, because of personal
circumstances, believes that he or she cannot render a fair and impartial decision in a matter,
should inform the Recording Secretary of the conflict prior to the start of the meeting at which
the matter will be considered. A Board member shall abstain from participation in any matter in
which they have a conflict of interest.
ARTICLE VI
Final Disposition
Section 1. Time of Decision. The Board shall decide any Application at the meeting for
hearing on the Application or at the next meeting for which notice can be provided following the
hearing, provided that a final decision shall be made not later than the 60th day after the
Application was filed.
Section 2. Scope of Decision.
A. Appeals. In exercising its authority to hear an appeal of an Administrative Official's
action, the Board's decision may: reverse or affirm, in whole or in part, or modify the
Administrative Official's order, requirement, decision, or determination from which the appeal is
taken and make the correct order, requirement, decision or determination.
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B. Other Applications. In exercising its authority to hear an Application for special
exception or variance, the Board's decision may grant, modify or deny the special exception or
variance, or(iii) include two or more of these actions.
Section 3. Vote Required to Make Decision. Every Application shall be deemed disallowed
unless the concurring vote of four (4) members of the Board shall favor the Application. The
vote of each member present on each decision shall be recorded with the decision.
Section 4. Vote Required to Deny Application. An appeal or an Application for special
exception or variance shall be deemed denied: (i) upon the vote of two (2) or more voting
members supporting a motion to deny; or (ii) upon the vote of one or more voting members
supporting a motion to deny if only four members are present (Note: Neither the motion nor a
second to the motion is a vote to deny), unless, in either case, the Board makes a different
disposition prior to adjournment of the meeting at which the Application is being considered.
Section 5. Amendment and Withdrawal of Application. An Application may be amended
after notice has been given only by permission of the Board. Any applicant may, in writing, or
upon the record at a meeting withdraw an Application prior to a final disposition by the Board.
Section 6. Written Decisions. Each decision on an Application shall be reduced to writing
and shall set forth the action taken and the conditions, if any, imposed. 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 180 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). The Presiding Officer shall certify the
written decision and shall file the decision with the Recording Secretary on or before sixty (the
60th day) days after the Application was. filed.
Section 7. Limitations on Work Under a Variance or Special Exception. The Administrative
Official may extend the time to apply for a permit for one additional 180 day period. Time to
complete the permitted work may not be extended by anyone other than 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 8. Judicial Review of Board's Decision. The Presiding Officer shall file the Board's
decision with the Recording Secretary in the Board's office, at which time the decision becomes
final and subject to judicial review in accordance with Texas Local Government Code Section
211.011. The Recording Secretary shall notify the applicant, the Administrative Official, and
other person given party status by the Board in accordance with the information to the Board by
such person's prior to the decision.
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Section 9. Reconsideration of Decision. No additional application to the Board shall be
allowed for substantially the same relief for substantially the same property unless there shall
have been a substantial change in the circumstances affecting such property since the prior
decision.
ARTICLE VII
Precedents
Section 1. Precedents. 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 Board shall set a
precedent. Each case shall be decided upon its merits and upon the circumstances attendant
thereto.
ARTICLE VIII
Officers
Section 1. Officers. 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
Board.
Section 2. Presiding Officer. 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. Conduct of Meeting; Points of Order. The Presiding Officer, subject to these
rules, shall decide all points of procedure. The Board may reverse, affirm or modify any ruling
by the Presiding Officer, whether on a point of procedure or otherwise.
Section 4. Committees. The Presiding Officer, unless otherwise directed by the Board, shall
appoint such committees as may be found necessary.
Section 5. Reports. 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. Powers of Presiding Officer. 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. Recording Secretary — Appointment. The Recording Secretary shall be such
person as may be designated by the City Manager.
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Section 8. Recording Secretary—Duties. 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 is authorized to
reject incomplete applications as provided in Article II, Section 3 above. 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. [See also
Article II, Section II above].
ARTICLE IX
Minute Book
Section 1. Minutes. The Recording Secretary shall keep a permanent Minute Book which
shall record all applications docketed, disposition of action of the Board by individual vote and
in the case of denial of an Application considered by the Board, state the reason or reasons given
by the Board for such denial. The minutes and records shall be filed immediately in the Board's
office and are public records.
ARTICLE X
Required Number of Votes
Section 1. Vote Required. Action by the Board requires three votes in favor, except when
state law, the Zoning Ordinance or these rules specify a different number.
ARTICLE XI
Valid Action
Section 1. Validity. Any action taken by the Board, 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.
[signatures follow]
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Adopted by the Zoning Board of Adjustment of the City of West University Place, on
, 2021, effective upon approval of the City Council.
, Presiding Officer
Zoning Board of Adjustment
City of West University Place
Approved by the City Council of the City of West University Place on , 2021.
, Mayor
City of West University Place
Attest:
Thelma Gilliam, City Secretary
1(