Board of Adjustment-By-Laws
City of Schertz
Board of Adiustment
Rules of Order and Procedure
Table of Contents
Organization ................................................................................................................... 3
Officers ........................................................................................................................... 3
Terms of Office and Removal from Office ....................................................................... 3
Duties and Powers.......................................................................................................... 4
Meetings...................................................................................................................... ...4
Board Actions.................................................................................................................. 5
Disqualification from Voting............................................................................................. 6
Official Records.............................. .......................................................... .......................6
Application Procedures................................................................................................... 6
Meetings..... .................................................................................................................... 7
Certification and Amendments........................................................................................ 7
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Organization
A. The Board of Adjustment (BOA) shall consist of five (5) members who shall be
appointed by the City Council. Each member of the BOA shall be appointed for a
term of two (2) years. The City Council may provide for the appointment of alternate
BOA members to serve in the absence of one (1) or more regular members.
Alternate members who serve in the absence of a regular member shall assume and
exercise all responsibilities of the regular member. Alternate members shall be
appointed for the same period of time as a regular member.
B. All members of the BOA shall be registered voters of the corporate limits of the City
of Schertz.
C. The BOA shall exercise all powers and duties as prescribed by State law, the City
Charter or the City's Unified Development Code (UDC).
D. All vacancies occurring on the BOA shall be filled by appointment of the City Council.
Officers
A. The BOA shall hold an annual organizational meeting in the first meeting after
appointment or reappointment of members and shall elect a Chairman and Vice-
Chairman from among its members before proceeding to any other matters of
business. No member serving as Chairman or Vice-Chairman shall be nominated to
succeed himself as Chairman or Vice-Chairman if he has served a full one (1) year
term in either of such capacities except by unanimous vote of the BOA.
B. At their annual organizational meeting, the Board shall elect a Secretary and such
other officers, as it deems necessary, either from its membership or from Staff
representatives assigned to provide staff support to the BOA.
C. The Board shall adopt its own rules of procedure and keep a record of its
proceedings as required by State law, City Charter or the UDC. Copies of all actions
by the BOA shall be sent to the City Council for information purposes. The Board
shall meet regularly and shall designate the time and place of its meetings.
Terms of Office and Removal from Office
A. The terms of three (3) regular members and one (1) alternate member of the BOA
will expire on October first of each even-numbered year and the terms of two (2)
regular members and one (1) alternate member of the BOA will expire on October
first of each odd-numbered year.
B. Members of the BOA may be appointed to succeed themselves, but no member shall
be appointed for a term in excess of two (2) years. Members may be reappointed to
successive terms. Alternates whose term has not expired may be appointed as
regular members of the Board upon application and approval by the City Council.
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Newly appointed members will be installed at the first regular Board meeting after
their appointments.
C. The City Council may remove members of the BOA from office for malfeasance,
conviction of a crime involving moral turpitude, or failure to attend seventy-five
percent (75%) of the regular meetings of the Board per fiscal year without good
cause. Good cause shall include, but not be limited to, illness, temporary disability,
absence from the City, or family emergency. All members of the Board, including
regular members and alternates, are required to notify the BOA Secretary and
Chairperson of any proposed absences and shall provide the reason for absence.
Failure to attend three (3) or more consecutive regular meetings for any reason shall
constitute grounds for removal if approved by majority vote of the members of the
BOA.
Duties and Powers
A. The Chairperson, or in hislher absence, the Vice-Chairperson, shall preside at all
meetings and shall decide all points of order or procedure. All records of action the
BOA shall bear the signature of the Chairperson or Vice-Chairperson, in the absence
of the Chairperson.
B. The Secretary shall be custodian of the minutes and other official records, shall be
responsible for coordinating all correspondence to the BOA and shall ensure that all
required notices are given as required by State law, City Charter or the UDC.
C. Rules of Order
Robert's Rules of Order, latest revisions, shall be the BOA's final authority on all
questions of procedures and parliamentary law not covered by these rules of order
and procedure.
D. Suspension of Rules
Any provisions of these rules not governed by City Ordinance may be temporarily
suspended by a favorable vote of two-thirds (2/3) vote of all of the members of the
BOA, which vote shall be entered upon the minutes.
Meetings
A. Quorum
All cases before the BOA must be heard by a minimum of seventy-five percent (75%)
of the members of the BOA (at least four (4) members).
B. Agenda
The Secretary shall cause to be prepared an agenda for each meeting of the BOA.
There shall be attached to each agenda a report of matters pending.
C. Regular Meetings
The BOA shall establish a schedule of regular meetings. Regular meetings may be
cancelled by the Chairperson, upon request of a majority of the members of the
BOA, or upon recommendation of staff representatives when due cause is shown
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that a meeting is not necessary. Lack of items to be considered by the BOA shall
constitute due cause for cancellation of a meeting.
D. Special Meetings
Special meetings may be held upon the following:
1. On the call of the Chairperson
2. On request of two (2) or more members of the BOA
3. On request of the City Council
4. Upon majority vote of the members of the BOA at a regularly scheduled meeting
Each member of the BOA shall be notified at least 72 hours before the scheduled
special meeting. Said notice shall contain the date, time and place of the meeting
and shall contain information regarding matters to be considered by the BOA.
E. Public Meetings
All meetings shall be open to the public and shall be held in compliance with the
provisions of the Texas Open Meetings Act, other State law, the City Charter or the
UDC. Any party in interest may appear on his/her own behalf or be represented by
counselor other authorized agent.
F. Attendance
All members of the Board, including regular members and alternates, are required to
attend at least seventy-five percent (75%) of the meetings of the Board per fiscal
year except when the absence is excused for good cause shown. Good cause shall
include, but not be limited to, illness, temporary disability, absence from the City, or
family emergency.
Board Actions
A. A motion may be made by any member of the BOA.
B. Each member of the BOA shall have one (1) vote and shall vote on each item
presented.
C. The Chairperson, or in hislher absence, the Vice-Chairperson, is a voting member
and will vote on each motion presented.
D. A motion to approve any matter before the BOA shall require the concurring vote of
at least seventy-five percent (75%) of the members of the BOA (at least four (4)
members). When fewer than all the regular members are present for the voting and
a motion to approve fails to secure the concurring vote of four (4) members of the
BOA, consideration of the requested application may be continued to the next
regular meeting of the BOA upon majority vote of the members present. Upon
continuation of a meeting, failure to secure the concurring vote of four (4) members
of the BOA at the next regular meeting of the BOA shall be deemed a denial of the
requested application.
E. A motion to deny any matter before the BOA shall require the concurring vote of a
simple majority of the members of the BOA.
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Disqualification from Voting
A member of the BOA shall disqualify himselflherself from voting whenever he/she finds
the following conditions exist:
A. A personal or monetary interest in the property under appeal.
B. He/She will be directly affected by the decision of the BOA.
C. Whenever any applicant or his/her agent has sought to influence the vote of the
member on the requested application, other than at the public hearing.
Official Records
A. Definition
The official records shall include these rules and regulations and the minutes of the
BOA together with all findings, decisions, and other official actions.
B. Recording of the Vote
The minutes of the BOA's proceedings shall show the vote of each member on each
decision of the BOA, or if absent or failing to vote, shall indicate that fact.
C. Files - Retention
All appeals and other matters coming before the BOA shall be filed in the City's
records. Original papers of all requests shall be retained along with other special
matter as required to meet records disposition and retention schedules.
D. Public Record
The official records, appeals of BOA decisions, and other matters presented to the
BOA in regular or special meetings shall be on file in City Hall and shall be available
in accordance with the Texas Open Records Act.
Application Procedures
A. Written Request Required
Every proposal submitted to the BOA for consideration shall be made in writing to the
appropriate City department on the appropriate application forms provided by the
City. The proposal shall be filed on said forms, shall be accompanied by all required
fees and shall be determined to be a complete application prior to being accepted for
filing.
B. Withdrawal of Proposal
When any applicant desires to withdraw an application, he may do so by filing a
written request to that effect with the Secretary. Such request shall be effective upon
the date of its official receipt provided, however, that no such request shall be valid
after notices have been mailed except upon action of the BOA. Withdrawal of an
application at any stage of its processing shall terminate all consideration of it by the
City and the case file thereon shall be closed.
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Meetings
A. Order of Business
The Chairperson shall call the BOA to order and the Secretary shall record the
members absent and present. The minutes of any previous meeting shall be
submitted for approval. The Chairperson shall publicly advise those present of the
procedures and any special procedures followed in the meeting. The Secretary shall
publicly advise the BOA of any communications received pertaining to any matter
before the BOA. The BOA shall then hear and act upon those proposals scheduled
for consideration, together with such matters of business and reports as the BOA or
Secretary finds, that require BOA consideration.
B. Public Hearing Procedures
The Chairperson shall explain the reason for public hearing and read the agenda
item. The Chairperson shall include the following items in the opening remarks:
1. Public hearing is for the purpose of receiving comments from interested citizens.
2. No more comments will be received from citizens after this hearing.
.3. BOA will take all comments into consideration in formulating their decision.
C. Procedure for Public Hearing
1. Chairperson's opening remarks.
2. Briefing by staff representative who will explain each agenda item as it comes up
to be heard, where it is located, the number of letters sent out to property owners
within 200 feet and the number returned with their position on the item.
3. Presentation by the applicant.
4. Hearing of citizens. Each citizen wishing to speak will come to the podium and
give their name and address and shall be limited to no more than five minutes.
Questions will be addressed to the BOA. No questioning between individuals will
be permitted except during cross-examination when allowed by the BOA. During
the hearing, no members shall discuss, debate or argue an issue with the
applicant, nor indicate any probable vote.
5. Comments or questions from the BOA.
6. Closing statement or rebuttal by applicant, if necessary.
7. Closing comments by Chairperson and repeat of opening comments.
D. Motions
A motion may be made by any member other than the presiding officer.
Certification and Amendments
A. Certified Copy
A certified copy of these Rules of Order and Procedure and any subsequent
amendments thereto shall be filed in the office of the City Secretary within ten (10)
days following the date of adoption.
B. Repealing Clause
All previously adopted Rules of Procedure for the BOA are hereby expressly
repealed.
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C. Amendment Procedure
Amendments to these Rules of Order and Procedure may be made by the Board at
any meeting, with proper notice of such, upon the affirmative vote of four (4) out of
five (5) members voting and present, provided such amendment is proposed at a
preceding meeting and recorded in the minutes of such meeting. The
recommendation will be presented to the City Council for approval and adoption.
The approved amendment will become effective upon filing with the City Secretary.
Adopted on this the ~ day of -n ,2008.
Approved:
c0
Earl Hartzo
Attest:
&LCkL
Lesa Wood, Secretary
Filed in the Office of the City Secrelary this the I ~ +I-- day of 0 ~ kb-\ ,
2008.
~~~
Brenda Dennis, City Secretary
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