HomeMy Public PortalAboutZoning Board of Adjustment Rules of ProcedureRICHLAND HILLS ZONING BOARD OF ADJUSTMENT
RULES OF PROCEDURE
I. ORGANIZATION AND OFFICERS
101. Organization
The Richland Hills Zoning Boazd of Adjustment shall consist of regular members
and alternate members as created by ordinance, and shall be organized under the
laws of the State of Texas and the City Charter and ordinances of the City of
Richland Hills.
102. Officers
A. The City Council will designate one member of the Boazd as Chairman.
B. AVice-Chairman shall be elected annually from among the Boazd's
membership at the first meeting in October and at such other times as
these offices may become vacant. In the absence of the Chairman and the
Vice-Chairman, the Board shall elect an Acting Chairman. The Vice-
Chairman and Acting Chairman shall act in the Chairman's absence and
shall have the same authority as the Chairman. The City Secretary, or a
representative designated by the City Secretary, shall serve the Board as
Executive Secretary.
103. Duties
A. The Chairman shall preside at all meetings, shall decide all points of order
or procedure, and, as necessary, shall sweaz in witnesses or compel their
attendance.
B. The Executive Secretary shall be custodian of the minutes and other
official records and shall attend to the correspondence of the Boazd.
104. Orientation
The Executive Secretary shall prepaze and present an orientation session to all
newly appointed members of the Board within thirty (30) days of their
appointment. The orientation session should include an explanation of the
following subjects:
1. Comprehensive zoning ordinance;
2. Boazd of Adjustment rules of procedure;
3. Legal criteria for evaluating appeals;
4. Potential liability of boazd of adjustment members;
5. Attendance requirements for board of adjustment members; and
6. The role of the Board of Adjustment in the zoning and
development process
The Chairman shall report to the City Council any member who does not attend
the orientation session within 30 days of appointment. Failure to attend the
orientation session as required herein shall not be a condition precedent to any
member sitting on the Boazd and shall not disqualify the member from
deliberating or voting on any matter before the Boazd.
105. Rules of Order
Roberts Rules of Order, latest revision, shall be the Board's final authority on all
questions of procedure and pazliamentary law not covered by applicable law,
ordinance, provision of the City Charter, or these Rules of Procedure.
106. Substantial Compliance Sufficient
~~ Where the Boazd substantially complies with these rules, no minor or technical
failure to comply shall operate to void or render voidable any action of the Board,
or otherwise to subject the Boazd's action to challenge.
II. 11~ETINGS
201. onun
A quorum shall consist of four members.
202. Voting and Participation of Alternates
If any regulaz member is absent from the meeting, or if any regulaz member is
disqualified or recuses themselves, then the most senior alternate then present
shall take the place of such regulaz member and participate and vote in such
regular member's stead. Otherwise, alternate members may participate but shall
not vote in any matter before the Board.
202. Agenda
An agenda shall be prepazed by the Executive Secretary for each meeting of the
Boazd. The agenda shall include appeals and other matters scheduled for
consideration by the Board. There shall be attached to the agenda a list of matters
pending further action by the Boazd.
203. Meetin
Meetings shall be held based on such regulaz schedule as is adopted by the Boazd,
and on the call of the Chairman or on request of two members. The Executive
Secretary shall provide each member and alternate with notice of each such
meeting at least 72 hours before the meeting, or as may be scheduled by a
majority vote of the Boazd at any previous meeting. The time and place of the
meeting shall be determined by the Board. All meetings shall be held in full
compliance with the Texas Open Meetings Act and other state law, the Charter
and ordinances of the City, and these Rules of Procedure.
III. OFFICIAL RECORDS
301. Definition
The official records shall include these Rules of Procedure and the minutes of the
Boazd, together with all findings, decisions and other official actions.
~ Stenographic notes of the Executive Secretary and taped recordings of the
proceedings and discussions shall not constitute the official record of the Board.
302. Recording of Vote
The Executive Secretary shall keep minutes of the Boazd's proceedings, which
shall show the vote of each member on each decision of the Board, or if absent or
failing to vote, shall indicate that fact.
303. Files -Retention
All appeals and other matters coming before the Board shall be filed in the
Department of Community Development in accordance with that department's
general file system. Original papers of all appeals shall be retained for not less
than the period required by state law.
304. Public Record
The official records, appeals accepted for filing and other matters presented to the
Boazd in regulaz or special meetings shall be on file in the Department of
Community Development and shall be open to public inspection during
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-- customary working hours.
lV. APPLICATION PROCEDURES
401. Apylication Required
Every appeal shall be filed on application forms provided by the City, shall be
accompanied by the prescribed fee, and shall be complete in all respects before
being accepted for filing. The application shall beaz the signature of all owners of
the property under appeal or shall be accompanied by a letter from the owners
authorizing taking of the appeal. All applications shall be filed with the Zoning
Administrator within fifteen (15) days after the decision has been rendered by the
Zoning Administrator. The Board may refuse to act on any incomplete
application or a communication purporting to be an application which is not made
in the form prescribed.
402. Refusal Required
No appeal shall be taken to the Boazd until and unless the Zoning Administrator
has first denied a permit or application submitted or has rendered an interpretation
of the Zoning Ordinance adverse to the appellant.
403. Filing Deadline
Every appeal shall be filed with the Executive Secretary of the Boazd not later
than 30 days prior to the next regular meeting date of the Boazd. When the filing
deadline falls on a City holiday, the following workday shall be observed as the
filing deadline.
405. Notice
A. Notice of any appeal affecting a specific property shall be given as
required by applicable law or ordinance, or, if no method is prescribed
therein, by means of written notice deposited in the United States Mail,
postage prepaid, not less than ten (10) days prior to the date of the hearing.
Such notice shall be sent to the applicant or his agent, at a minimum, to
the owners of all properties lying within 200 feet of the property in
question as said ownership appears on the last approved City Tax Roll.
The notice shall identify the applicant, the location of the property in
- - - question, the-mature~of the request; and the applicable Zoning Ordinance
requirements.
B. Public notice of any appeal seeking an interpretation of the Zoning
Ordinance, which interpretation would apply throughout the City, shall be
given by means of a legal advertisement appearing in the official
newspaper of the City not less than ten (10) days prior to the date of the
hearing. Written notice shall also be given to the applicant or his agent as
provided in paragraph A above. The notices shall identify the applicant,
the nature of the question involved, and the affected provision of the
Zoning Ordinance.
406. Submission of Evidence
Evidence supporting the granting or denial of an appeal shall be submitted only
through the Executive Secretary or the Board at a public meeting.
407. Withdrawal of Appeal
Any appeal may be withdrawn upon written notice to the Executive Secretary; but
no appeal shall be withdrawn after giving of notice and prior to Boazd action
thereon without formal consent of the Boazd.
V. POWERS AND DUTIES
501. Bases for Jurisdiction
-- The Board shall have the authority to act upon all matters which it is required or
authorized to consider by ordinance or State law. The powers of the Boazd shall
include consideration of the following matters:
a) Interpretation and appeals of decisions of the Zoning
Administrator,
b) Special exceptions;
c) Variances;
d) Authorization of nonconforming uses; and
e) Other matters as provided by applicable law or ordinance.
502. Interpretation: Basis for Filing
Whenever it is alleged-that there -is an error by- the Zoning Administrator in any
determination or application of the requirements of the Zoning Ordinance, an
appeal for interpretation of the regulations or map designations may be filed with
the Board.
503. Interpretation: Papers Required
An appeal shall include:
1) A Statement by the applicant describing the way it is alleged that the
Zoning Ordinance should be interpreted, together with diagrams and
charts illustrating the erroneous and the proper application of the map or
text provisions of the ordinance;
2) A statement by the Zoning Administration giving the reasons for his
interpretation of the Zoning Ordinance; and
3) Aay other information required by the City or by applicable law or
ordinance.
504. Interpretation: Basis for Action
A. Before action on an appeal for interpretation, the Boazd shall consider:
1) The facts and statements filed in the application;
2) The testimony presented at the public hearing;
3) The staffs technical report on the appeal and any opinion of the
City Attorney;
4) The Boazd's independent investigation of the language of the
Zoning Ordinance and of related ordinances bearing thereon; and
5) Any applicable laws and ordinances.
B. In reaching its decision the Board shall establish firm guidelines for future
administrative actions on like matters.
505. dial Exce~tion• Basis for Filing
Whenever the Zoning Ordinance requires specific approval by the Board for the
development or use of property, an application for a special exception must first
be approved by the Board_before the City shall issue a permit for the proposed
construction or use.
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506. Special Exception: Papers Required
An application for a special exception shall include:
1 } A site plan drawn to scale, showing all Iot dimensions, and the location
and dimensions of all existing and proposed improvements on the lot;
2) A statement by the applicant describing the way in which all conditions
prescribed by the Zoning Ordinance and by these Rules of Procedure have
been or will be met; and
3) All other information required by the Zoning Ordinance or other
applicable law or ordinance.
507. ~ecial Exce,~tion: Basis for Action
A. Before action on the application, the Boazd shall consider:
1) The facts and statements filed in the application;
2) The testimony presented at the public hearing;
3) The staffs technical report on the application and any opinion of
the City Attorney;
4) The Boazd's independent investigation of the language of the
Zoning Ordinance and of related ordinances bearing thereon; and
5) Any applicable laws and ordinances.
B. The Boazd shall not grant an application for special exception if the Board
determines that the requested special exception is not authorized by
applicable law and ordinance, that the application is not for a use
permitted under the Ordinance; that the location of the proposed activities
and improvements are not cleazly defined on the site plan filed by the
applicant; or that the special exception will not be wholly compatible with
adjacent legal uses and permitted development of adjacent properties.
C._ The Board_may limit the term of any_approved special exception use to
any period of time it deems appropriate under the circumstances. In
addition, the Board may place other reasonable conditions on the special
exception as it deems appropriate.
508. Variance
The Boazd may authorize upon appeal in specific cases variances from the terms
of the Zoning Ordinance.
509. Variance: Papers Required
An application for a variance shall include:
1) A site plan, drawn to scale, showing all lot dimensions and the location
and dimensions of all existing and proposed lot improvements; and
2) A statement of facts and reasons why the Zoning Ordinance regulations
should not be applied to the property in question and how the standazds
governing the Board's actions would be satisfied;
3) A statement by the Zoning Administrator citing the reasons for refusing to
issue a permit under the plans submitted.
510. Variance• ~ecial Information Required
A. When a request for a variance is based upon hazdship resulting from sharp
changes in topography or unusual terrain features, the site plan shall
include topographic information related to known base points or surveys,
and profiles of the particular problem involved, including relationship to
topographic features of adjoining properties.
B. When a request for a variance from side or reaz yard setbacks is submitted,
the site plan shall include the setbacks on adjacent properties from the
common lot line and such other information as may be relevant to the
appeal.
C. When a request for a variance from front yazd setbacks, or for side yazd
setbacks on a side street is submitted, the applicant shall furnish a site plan
showing the setback of all buildings on the same side of the street within a
distance of 200 feet of the property and any projections into the yard
space.
511. Variance: Basis for Action _
A. Before acting on an appeal for a variance, the Board shall consider:
1) The facts and statements filed in the application;
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2) The testimony presented at the public hearing;
3) The staffs technical report on the application and any opinion of
the City Attorney;
4) The Boazd's independent investigation of the language of the
Zoning Ordinance and of related ordinances bearing thereon; and
5) Any applicable laws and ordinances.
B. The Board shall not grant a variance if it finds that a literal enforcement of
the regulations will not create an unreasonable hardship or practical
difficulty in the development of the affected property; that the situation
causing the unreasonable hazdship or practical difficulty is not unique to
the affected property or is not self-imposed; that the relief sought will
injure the permitted use of an adjacent conforming property; or that
granting of the variance will not be in harmony with the spirit and
purposes of the Zoning Ordinance.
C. The Boazd may limit the term of any variance to any period of time it
~_ , deems appropriate under the circumstances. Ia addition, the Board may
place other reasonable conditions or limitations on the variance as it
deems appropriate. Any variance granted under the above powers of the
Board shall terminate automatically when either of the following are met:
1) When the time period for the use specified in the Board's order has
expired; or
2) When the use ceases to be in full compliance with any condition
imposed by the Boazd.
VI. HEARINGS AND DECISIONS
601. Public Hearings
Hearings on all matters on which a decision of the Boazd is required by law shall
be open to the public. The applicant may appear on his own behalf or may be
represented_by counsel or agent.. .
602. Order of Business
The Chairman shall call the Board to order, and the Executive Secretary shall
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record the members present and absent. The Boazd shall publicly advise those
present of the procedures to be followed in the hearing and disposition of appeals.
The Chairman shall call each appeal in the order filed and shall announce the
name of the applicant, the location of the property involved, and the nature of the
request, provided that the Boazd may reorder any agenda item for the convenience
of the Board, the applicant, or the public, as determined by the Board. The
Chairman shall publicly advise the Boazd of any communications received.
Supporting evidence for and against each case shall be presented to the Boazd.
603. Procedure for Hearing
A. The Chairman shall first call upon the applicant to present the applicant's
case and all evidence supporting the application. The applicant must be
fully prepared to present the applicant's case at the public hearing.
B. The Chairman shall then inquire if there are others affected who support
the appeal.
C. The Chairman shall next call on those opposed to the granting of the
appeal to present their azguments.
D. The applicant shall then have the right of rebuttal to azguments presented
by the opposition. When the Chairman is satisfied that discussions are
complete, the Chairman shall order the hearing closed.
E. Each side shall proceed without interruption by the other, and all
azguments and pleadings shall be addressed to the Boazd. No azguments
between individuals will be pemutted.
F. The Board may deny or continue any appeal for which the applicant or the
applicant's representative fails to appeaz unless the applicant has requested
that the Board act without the applicant being present at the hearing;
provided, however, the Board shall heaz those persons appearing in
response to the notice of hearing.
G~ - - Unless an extension of time is granted. by majority. vote of the Boazd, the
following time limits for presentations will be observed:
1) Applicant presentation - 15 minutes
2) Opposition presentation - 15 minutes
3) Applicant rebuttal - 5 minutes
It is the responsibility of the Applicant and the opposition to allocate their
respective time among persons speaking on the case.
604. Boazd Questions
The Chairman may at any time direct questions to the applicant or any person
speaking in order to bring out all relevant facts, circumstances and conditions
affecting the appeal and shall call for questions from other members of the Boazd
and from the staff before closing the hearing on each appeal. During the voting
session, no further testimony shall be permitted, however, the Boazd may direct
questions to the applicant, staff or any person(s) in order to review or clarify any
testimony or evidence presented during the hearing.
605. Decision
The Board shall vote on each case after it is presented and before the public
hearing on the next case.
606. Vote Required
The concun~ing vote of four members of the Boazd is necessary to:
A. Reverse an order, requirement, decision or determination of the Zoning
Administrator;
B. Grant a special exception or decide in favor of an applicant on a matter on
which the Board is required to pass under the Zoning Ordinance; or
C. Authorize a variance from the terms of the Zoning Ordinance.
For any other Board action, a majority vote of the members present is required.
607. Appeal After Boazd Denial
No. appeal that has been. denied. shall be further. considered in a new appeal
resulting from the filing of new plans and the obtaining of a new decision from
the Zoning Administrator unless the appeal was denied without prejudice or
unless the new plans materially change the nature of the case.
608. Expiration of Granted Appeal
If a building permit or certificate of occupancy is not issued within 90 days after
the Boazd's decision, such approval shall expire unless a greater specific time is
requested in the application and is authorized by the Boazd Any approval may be
granted extensions for additional 90-day periods on written request filed with the
Boazd. The time limit for every granted appeal shall continence on the day after
the Boazd renders its decision.
609. Disposition of Appeals
The Board may grant, modify or deny any appeal (either with or without prejudice
as to refiling). The Boazd may also defer action on any appeal whenever it
concludes that additional evidence is needed or that alternate solutions need
further study. An appeal may be dismissed when the Board finds that the appeal
has been improperly filed or upon notification by the Zoning Administrator that
permits have been issued for a conforming use or development of the property.
610. Final Decisions
(- All decisions shall be filed by the Executive Secretary in the office of the Boazd
on the date the decision is made or the day after. A record of the decision shall be
mailed to the applicant or his agent within 48 hours of the date of the decision.
611. Disqualification
A. A member of the Boazd shall recuse or disqualify himself/herself from
voting whenever required by state statute or city ordinance. In addition, if
the member has a substantial interest in the case as defined in Chapter 171
of the Texas Local Government Code, such member shall file the
appropriate affidavit with the City Secretary prior to presentation of the
case and the vote or decision on the matter. In the event a member does
not discover any circumstances requiring such recusal or disqualification
prior to the presentation of the case, such member shall announce such
recusal or disqualification as soon as it is discovered.
B. A member may disqualify himself/herself from voting whenever any
_ applicant, or the applicant. s_ agent, has_ sought tQ_ influence the. vote of the _
member on the applicant's appeal, other than in the public hearing.
C. A member who disqualifies himself/herself or who abstains from voting
on any case shall announce such recusal or disqualification for the public
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record, prior to the presentation of the case, or as soon thereafter after the
basis for such recusal or disqualification is discovered, and shall not take
part in any further deliberation or voting on the case.
612. Review of Action
The Boazd shall automatically review and take final action on any case which has
been on its docket for two regular meetings.
613. Reconsideration: Filin og f Request
Any appeal special exception variance which has been ruled upon is not final and
no permit granted shall be issued until the end of three days following the action,
and such action may be reconsidered by the Boazd under the conditions listed
below. A request to reconsider may be initiated by the City, the applicant, any
Board member who voted with the majority on initial consideration, or any person
directly affected by the Boazd's decision. The request shall be filed in writing
with the Executive Secretary within three working days after the Boazd's decision.
614. Reconsideration: Content of Request
~._ A request by any interested party to reconsider shall state cleazly how the Board
erred in its determination and why the action should be reconsidered; it shall be
supported by any new evidence that was not available at the time of original
consideration.
615. Reconsideration: Effect on Property Development
Whenever a request for reconsideration is filed as provided herein, the use or
development of the property in conflict with the request for appeal shall be
stopped, the same as an original appeal, provided, however that when the request
is filed by an affected adjacent or nearby property owner, no work complying
with the Board's action shall be stopped.
616. Reconsideration: Staff Procedure
On receipt of a properly filed request to reconsider, the Executive Secretary shall
give notice immediately to the Building Official, and a transcript of the request
shall be distributed to .the Board_ within the next working day.
617. Reconsideration: Board Procedure
Not later than two working days after the date of the request for reconsideration is
filed, the Executive Secretazy shall set the matter for consideration at the next
regulaz or special meeting. Three affirmative votes shall be necessary to
reconsider a previous decision. If reconsideration is refused, the Boazd shall enter
on the minutes of its next meeting the basis of the request, the reasons why it was
refused and the vote of the members thereon.
VII. RULES AND AMENDMENTS
701. Amendment Procedure
Amendments to these Rules of Procedure may be made by the Board at any
meeting, upon the affirmative vote of four members, provided any such
amendment is proposed at a preceding meeting and spread on the minutes of such
meeting. By unanimous consent of the Boazd membership, amendments may be
adopted at the meeting at which introduced but shall not become effective until
the next regulaz meeting.
702. Filing Couv of Rules of Procedure
A copy of these Rules of Procedure and of any amendments thereto will be placed
of record in the office of the City Secretary within ten (10) days following their
date of adoption.
703. Repealing Clause
All previously adopted rules and regulations of the Boazd shall be and the same
are hereby expressly repealed.
Adopted by vote of the Richland Hills Zoning Board of Adjustment on the day of
_~ 2006.
Chairman
ATTESTED:
Executive Secretary
Approved:
Tim G. Sralla, City Attorney
* * * s * * * * s
Filed in the Office of the City Secretary, City of Richland Hills, Texas, this the day
of , 2006.
City Secretary
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From ZBA Minutes of July 18, 2006
3. ADOPTION OF RULES OF PROCEDURE GOVERNING MEETINGS
Chairman Brantley advised that the document presented to them included the required
changes, and need to be voted upon. After a brief discussion of the Rules of Procedure,
Chairman Brantley called for a motion.
Motion: A motion was made by Member Moore, and seconded by Member Logan, to
accept the Rules of Procedure governing meetings with the following amendments:
1. (101)-Organization: The ZBA shall consist of five regulaz members and up to
four alternate members.
2. 603.D-When the Chairman is satisfied that discussions aze complete.
3. 603.G(1)-Applicant presentation-fifteen minutes,
4. 603.G(2)-Opposition presentation•fifteen minutes,
5. 603.G(3)-Applicant rebuttal-three to five minutes.
6. 614.Reconsideration: Content of Request-A request by any interested party to
reconsider....
Vote on Motion: Member Moore - "Yes."
Member Hamilton - "Yes."
Chairman Brantley - "Yes."
Member Logan - "Yes."
Member Jermyn - "Yes."
The motion carried by a vote of 5 to 0.
C