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R2003-0173 11-10-03 RESOLUTION NO, R2003-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND ADOPTING THE ZONING BOARD OF ADJUSTMENT RULES OF PROCEDURE. WHEREAS, the City Council realizes the necessity of establishing administrative rules and procedures to govern the proceedings of the Zoning Board of Adjustment; and WHEREAS, the Zoning Board of Adjustment has conducted several meetings at which specific rules and procedures were enumerated; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City Council hereby adopts the Zoning Board of Adjustment Rules of Procedure attached hereto as Exhibit "A". PASSED, APPROVED, AND ADOPTED this A.D., 2003. lOth day of November , TOM REID MAYOR ATTEST: 7,qcJ /I-Y SE6;~ETARY" v APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY RULES OF PROCEDURE for the ZONING BOARD OF ADJUSTMENT of the CITY OF PEARLAND, TEXAS Prepared September 2003 Revised October 2003 SERVING ON A BOARD OR COMMISSION The City of Pearland Boards and Commissions consist of concerned citizens who volunteer their time and knowledge to make a difference in their community. The work of the citizens that serve on various boards and commissions assists the City Council and directly contributes to the quality of life in Pearland. Each Board or Commission member is selected by the City Council after applications are reviewed and candidates are interviewed. Serving on a board or commission is voluntary; board and commission members are not paid or compensated. PURPOSE OF POLICIES AND PROCEDURES The following policies and procedures have been adopted by the Zoning Board of Adjustment of the City of Pearland concerning the preparation of their agendas, the scheduling and conduct of their meetings, the holding of public hearings, and other similar matters. Zoning Board of Adjustment Rules of Procedure Page 2 of 12 ARTICLE I I! Section I- NAME The Zoning Board of Adjustment for the City of Pearland will be operating under the title of "Zoning Board of Adjustment" and will hereinafter be referred to as the "Board." Section II - EMPOWERMENT The Board is empowered by the State of Texas in accordance with the provisions of Article 101 lg of the Revised Civil Statutes of Texas. In the City of Pearland, the Board is established by Chapter 29 of the Land Use and Urban Development Ordinance of the City, which calls for the appointment of a five (5) member Board, with the powers and duties outlined below. SECTION III - POWERS AND DUTIES As stated in the Land Use and Urban Development Ordinance, the Board shall have the power to perform the following duties: (1) To make an interpretation of regulations or an appeal for variance from development controls from any person aggrieved or by any officer, department, or Board of the City affected by a decision of the Enforcing Officer. (2) To authorize upon appeal in specific cases such variance from the terms of this Ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this Ordinance will result in unnecessary hardship and so that the spirit of the Ordinance shall be observed and substantial justice done. (3) To prescribe appropriate conditions and safeguards in conformity with the Land Use and Urban Development Ordinance. (4) To appropriate conditions and safeguards and to hear and decide special exceptions to the terms of the Land Use and Urban Development Ordinance upon which the Board is required to pass under said Ordinance. ARTICLE II I! SECTION I - STRUCTURE The Board shall consist of five (5) members, each to be appointed by the City Council for staggered terms of two (2) years and removable for cause by the City Council upon written charges and after a public hearing. In addition, the Council shall appoint four (4)alternate members of the Board who shall serve in the absence of one (1) or more regular members Zoning Board of Adjustment Rules of Procedure Page 3 of 12 when requested to do so by the City Manager or the Mayor. Alternate members shall be appointed for a term of two (2) years and shall be subject to removal as the regular members. Vacancies shall be filled for the unexpired terms of any member, regular or alternate, whose term becomes vacant. The City Manager or designee shall serve as liaison to the Board. All cases to be heard by the Board of Adjustment shall be heard by a minimum of four (4) members, and an affirmative vote of four (4) members is required to approve any variance or variance appeal. SECTION II - QUALIFICATIONS OF MEMBERS All members of the Board shall be residents of the City of Pearland, qualified voters of the City, real property owners, and shall not be employees of the City. SECTION III - APPOINTMENT Any vacancy occurring during the unexpired term of an appointed Board Member shall be filled by a City Council appointment for the remainder of the unexpired term. The Chairperson shall advise the City Council of any vacancies and the Board may make recommendations regarding appointments to fill vacancies. SECTION IV- RESIGNATION OR REMOVAL Any Board Member may resign at any time by giving written notice to the City Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later date specified therein; and, unless otherwise specified therein, the acceptance of such resignation by the City Council shall be necessary to make it effective. Any Board Member is subject to removal by the City Council upon written charges and after a public hearing. ARTICLE III II SECTION I - POWERS AND DUTIES OF OFFICERS The Board shall annually elect from its members a Chairperson and Vice Chairperson. Election of officers shall be held at the first regular meeting in July. The election shall occur by show of hands or confidential ballot, whichever the Board prefers. (a) Chairperson The chairperson shall have the following duties: (1) Preside over all meetings of the Board. (2) Decide all points of procedure, subject to objection by a majority of the Board. (3) Limit debate and questioning to the appropriate duration. (4) Participate in discussion on all matters before the Board. (5) Vote on all matters before the Board (unless a conflict of interest exists). Zoning Board of Adjustment Rules of Procedure Page 4 of 12 (6) Sign the minutes of the Zoning Board of Adjustment meetings after approval of the minutes by the Board. (7) Be responsible for the efficient and orderly transaction of the Board's business. The Chairperson may make a motion, second a motion, and debate from the chair. The Chairperson may only make a motion or second after first asking for a motion or second from the Board. (b) Vice Chairperson The Vice-Chairperson shall have the following duties: (1) Perform the duties of the Chairperson in his or her absence, or his or her inability to perform the duties of Chairperson. (2) Succeed the Chairperson if that office is vacated and serve until the date of the next annual election of officers. A new vice-chairperson shall be elected at the next regular meeting following a vacancy of office. (c) Secretary The Executive Director of Community Services or designee shall serve as the Secretary to the Board. The Secretary shall keep the minutes and records of the Board and prepare the agendas for meetings. Minutes shall not be official until they are approved by a majority vote of the Board members present at a meeting following the meeting that is described by the minutes. All meetings shall be recorded, and audio tapes of the meetings will be kept on file with the Secretary for no fewer than 90 days. Absent Chair In the event that the Chairperson and Vice Chairperson are not present at a scheduled meeting, and a quorum of the Board is present, those members present shall elect a temporary Chairperson for that meeting. ARTICLE IV I! SECTION I - OPEN MEETINGS ACT In accordance with the Texas Open Meetings Act, official notice of the meetings of the Board must be posted 72 hours in advance of the meetings on the City notification bulletin board, which is located at the entrance to City Hall. A record of all proceedings shall be kept~ by the Secretary and shall become a public record. Zoning Board of Adjustment Rules of Procedure Page 5 of 12 SECTION II - QUORUM A quorum shall consist of four (4) members of the Board. The quorum, or 4 members, shall be present for the consideration of any agenda items. An affirmative vote of four (4) members shall be necessary to pass any item before the Board. The Secretary may poll the members by telephone or e-mail prior to the day of the meeting in order to assure that four (4) members will be present. In the event that four (4) regular members cannot attend the meeting, the alternate members shall be called upon to serve in the place of regular members. Members who are aware of conflicts which will prevent their attendance at a scheduled meeting are responsible for notifying the Secretary of their absences in advance of the meeting. SECTION III- REGULAR MEETINGS The Board shall hold one (1) meeting per month, at 6:00 p.m. on the first Thursday of each month, at City Hall located at 3519 Liberty Drive, unless there is no business to discuss. Under special circumstances, such as holidays, the Chairperson or City Manager may request a cancellation or rescheduiing of scheduled meeting dates. SECTION IV - PUBLIC HEARINGS Staff will present the items scheduled for the public hearings, including any correspondence received relative to the items under consideration. The Chairperson will open the public hearing and call for testimony in support of or opposition to the agenda item. Once a public hearing is closed, no further testimony will be taken. SECTION V - ORDER OF BUSINESS Meetings shall follow the order of the agenda. The order of the agenda may be changed in order to ensure the efficient operation of the meeting, at the request of any Board member and approval by the majority of the Board. The following procedure will normally be observed in the conduct of business at a regular meeting: (1) Call to order (2) Approval of minutes with any corrections (3) New Business Call public hearing to order Staff presentation Applicant's presentation Persons wishing to speak in support or opposition to the request Discussion Adjournment of public hearing Motions and amendments - Voting (4) Adjournment of meeting If the agenda and discussion becomes lengthy, a recess in the meeting can be taken at the discretion of the Chairperson or upon a motion approved by a majority of the Board. When such Zoning Board of Adjustment Rules of Procedure Page 6 of 12 recess occurs, the Chairperson or the Board member making the motion should specify the period of time for the recess. Because the agenda must be posted 72 hours in advance of the meeting, the Board cannot take action on or discuss any item other than those specifically posted on the agenda. SECTION VI - VOTING All Board members shall have one (1) vote equal in weight. All voting shall be by voice or hand vote at the discretion of the Chairperson. Each member of the Board present must vote unless he or she has a conflict of interest, either as defined by state law or as expressed to the Board by the Board member. A motion concerning an item may be made by a member of the Board at any time following the presentation of an item. A motion must receive a second from another member of the Board. If no second is received, the motion fails. An affirmative vote of four (4) members shall be necessary to pass any item before the Board. Abstaining from voting Each member in attendance shall vote on every matter that comes before the Board. A member shall, after stating the reason, abstain from discussing and voting on a matter before the Board when: (1) (2) (3) The member has insufficient information due to a prior absence. The member has a conflict of interest under state law or city charter. The member, because of personal circumstances, believes that he or she cannot render a fair and impartial decision in the matter. ARTICLE V I! SECTION I - CONFLICT OF INTEREST Members have the right and the obligation to vote on all issues before them and to participate in the business of the Board, except when an actual or perceived conflict of interest exists. A public official has a conflict of interest when he or she considers a matter in which he or she has some personal interest that could influence his or her independent judgment. Conflicts of interest are defined by State law and by the City Charter. Refer to Appendix A for conflicts of interest as defined by the Texas Local Government Code and City Charter. SECTION II - MEETING WITH APPLICANTS OR OTHER INTERESTED PARTIES Board members are strongly discouraged from meeting with applicants or other interested parties prior to the public meeting regarding specific matters pending before the Board. Zoning Board of Adjustment Rules of Procedure Page 7 of 12 Adherence to this policy will dispel any speculation that a decision was made on any issue prior to the public meeting where all of the information and testimony is presented, or that any member has access to information which was not available to the entire Board. The Board should use their best judgment when approached with a matter that may be considered by the Board in the future. Board Members must also comply with the Open Meetings Act when meeting with interested parties and other Board members. SECTION III - CONDUCT Board members shall conduct themselves in a courteous and professional manner. Board members must preserve order and decorum during meeting and when wishing to speak, should address the Chairperson, and upon receiving recognition, confine their questions or comments to the matters before the Board. Standards of conduct (1) A Board member shall not accept or solicit any benefit or economic gain or advantage, nor use his/her position to secure special privileges or exemptions. (2) A Board member shall not grant any special consideration, treatment, or advantage to a person or organization beyond that which is available to every other person or organization. (3) A Board member shall not personally represent, or appear on behalf of, the private interests of others in matters before the Board. ARTICLE VI II SECTION I - RULES OF ORDER All meetings shall generally be conducted according to the basic Parliamentary procedures. The Chairperson will facilitate meetings and will assist the Board in focusing on agenda items and deliberations, limiting discussions to relevant topics, and generally directing the order of business. The Board will govern themselves as to the length of the comments or presentations. The Chairperson will conduct public hearings and limit citizen or proponent comments to the specific agenda item to three (3) minutes, unless more time is allotted as approved by the Board. SECTION II - ROBERT'S RULES OF ORDER Robert's Rules of Order, latest revision, shall be the Board's final authority on all questions of procedure and parliamentary law not covered by these Rules of Procedure. SECTION III - AMENDMENTS AND REVIEW The Board at its discretion may amend these rules of procedure. A three-fourths majority (3/4) vote by all of the Board Members is required to amend the rules of procedure. Any proposed amendment to these rules must be presented to the Board Secretary for placement on an agenda at least thirty (30) days prior to the meeting in which the rules of procedure will be discussed and amended. Zoning Board of Adjustment Rules of Procedure Page 8 of 12 SECTION IV - CONFLICTS BETWEEN RULES OF PROCEDURE AND ORDINANCES In the case of any conflict between any City Ordinance and these rules of procedure, the applicable Ordinance will take precedence. In any instance where these rules of procedure are silent, the applicable ordinance or state statute will take precedence. Zoning Board of Adjustment Rules of Procedure Page 9 of 12 APPENDIX Conflict of Interest as Defined by the Texas Local Government Code. The Texas Conflict of Interest Law is aimed at preventing local officials from using their positions to financially benefit themselves and/or their relatives. The law requires that if a local. official (or close relative) either (1) has a "substantial interest" in or (2) stands to gain a financial benefit from a matter pending before a public agency upon which the official serves, then the official must publicly disclose his/her interest in such matter and abstain from deliberation and voting on it. The official must also sign a disclosure statement. Business Interests: An official is considered to have a substantial interest in a business entity if he or she: (a) owns ten percent (10%) or more of the voting stock or shares of the business entity, (b) owns $15,000 or more of the fair market value of the business entity, or (c) if funds received by the person from the business entity exceed ten percent (10%) of the person's gross income for the previous year. For purposes of the law, a business entity means a sole proprietorship, partnership, firm, corporation, holding company, joint stock company, receivership, trust, or any other entity recognized in law. Real Estate Interests: The official has a substantial interest in real property if: (1) it is reasonably foreseeable that an action on the matter will have a specific economic effect distinguishable from its effect on the public; and (2) the interest is an equitable or legal ownership with a fair market value of $2,500 or more. If a Board Member has a substantial interest in a business entity or in real property, the Board Member must file an affidavit with the Secretary, before a vote or decision on any matter involving the business entity or the real property, stating the nature and extent of the Board Member's interest, and abstain from voting on the matter if: (a) in the case of a substantial interest in a business entity, the action on the matter will have a special economic effect on the business entity that is distinguishable from the effect on the public; or (b) in the case of a substantial interest in real property, it is reasonably foreseeable that an action on the matter will have a special economic effect on the value of the property, distinguishable from its effect on the public. Kin Interests The official has a substantial interest if a person related to him or her in the first or second degree by blood or marriage has a substantial interest in the matter under consideration. Zoning Board of Adjustment Rules of Procedure Page 10 of 12 The official should disclose the relationship and abstain from voting. First degree relatives include the parents, spouses, children, or siblings of the official. Second degree relatives include grandparents, grandchildren, or their spouses or siblings, of the official. Interest in Subdivision Plats. A Board Member has a "substantial interest" in a subdivided tract if the person: (a) has an equitable or legal ownership interest in the tract with a fair market value of $2,500 or more: (b) acts as a developer of the tract; (c) owns ten pement (10%) or more of the voting stock or shares of or owns either 10% percent or more or $5,000 or more of the fair market value of a business entity that: (d) receives in a calendar year funds from a business entity described above that exceed 10 percent of the person's gross income for the previous year. If a Board Member has a substantial interest in a subdivided tract, the Board Member must file an affidavit with the Secretary, before a vote or decision regarding the approval of a plat for the tract, stating the nature and extent of the Board Member's interest and shall abstain from voting on the matter. The affidavits, copies of which are attached, are available from the Secretary. A Board Member is subject to penalty for the following actions: (1) participates in a decision on a matter involving a business entity in which he or she has a substantial interest if it is reasonably foreseeable that the action would confer an economic benefit to the business involved; (2) acts as a surety for a business entity that has a contract, work, or business with the governmental entity; or (3) acts as a surety on an official bond required of an officer of the governmental entity. Zoning Board of Adiustment Rules of Procedure Page 11 of 12 AFFIDAVIT CITY OF PEARLAND I, , as a member of the City of Pearland, Texas, Zoning Board of Adjustment, make this affidavit and hereby an oath state the following: I, and/or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the Zoning Board of Adjustment as those terms are defined in the Texas Local Government Code. The business entity is I, have/has a substantial interest in the business entity for the following reasons: (check all which are applicable) [] Ownership of 10% or more of the voting stock or shares of the business entity. [] Ownership of $15,000 or more of the fair market value of the business entity. [-1 Funds received from the business entity exceed 10% of gross income for the previous year. [-] Real property is involved with an equitable or legal ownership with a fair market value of at least $2,500 or more. [] A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the Zoning Board of Adjustment. [] I reside within 200 feet of the subject property under consideration. Upon the filing of this affidavit, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this day of ,2003. Signature of Official BEFORE ME, the undersigned authority, this day personally appeared an on oath stated that the facts hereinabove stated are true to the best of knowledge or belief. Sworn to and subscribed before me on this day of .,2003. Notary Public in and for the State of Texas My Commission expires Zoning Board of Adjustment Rules of Procedure Page 12 of 12