Loading...
HomeMy WebLinkAboutZoning Board of Adjustment Bylaws 3.2015CITY OF GEORGETOWN ZONING BOARD OF ADJUSTMENT BYLAWS ARTICLE I. NAME AND PURPOSE Section 1.1. Name. Zoning Board of Adjustment ('Board"). Section 1.2. Purpose. The Board is established to exercise the powers and duties of a board of adjustment as permitted by law, including Local Government Code Chapter 211, the City Charter, the City Unified Development Code, and the City Code of Ordinances, as each may be amended. See Ordinance Chapter 2.49. ARTICLE II. MEMBERSHIP Section 2.1. Number of Members. The Board will be comprised of five (5) Members. Section 2.2. Eligibility. Members of the Board may also be Members of the Planning and Zoning Commission. Section 2.3. Appointment of Board Members. Members of the Board shall be appointed pursuant to and in accordance with the City Charter. Section 2.4. Terms of Office. Generally, terms of office for each Member shall be two (2) years. Generally, a Member may serve two (2) consecutive terms. Refer to Ordinance Section 2.36.030A for additional provisions regarding terms of office. Section 2.5. Vacancies. Vacancies that occur during a term shall be filled as soon as reasonably possible and in the same manner as an appointment in accordance with the City Charter. If possible, the Member shall continue to serve until the vacancy is filled. An appointment to fill a vacated term is not included as a term for purposes of counting consecutive terms. Section 2.6. Compensation and Expenditure of Funds. Members serve without compensation. The Board and its Members have no authority to expend funds or to incur or make an obligation on behalf of the City unless authorized and approved by the City Council. Members may be reimbursed for expenses authorized and approved by the City Council and the Board. Zoning Board of Adjustment Bylaws Revised March 2015 Page 1 of 6 Section 2.7. Compliance with City Policy. Members will comply with City Ordinances, Rules and Policies applicable to the Board and the Members, including but not limited to Ethics Ordinance Chapter 2.20 and City Commissions, Committees and Boards Ordinance Chapter 2.36. Section 2.8. Removal. A Member may be removed from the Board for cause, on written charge. Before the decision regarding removal is made, the City Council shall hold a public hearing on the matter unless waived by the Member that is subject to the removal action. Removal shall be by majority vote of the City Council. ARTICLE III. BOARD OFFICERS Section 3.1. Officers. The Board Officers are Chairman, Vice -Chairman and Secretary. The Chairman is recommended by the Mayor and the City Council shall approve the recommendation by a vote of the majority of the Council during the annual appointment process. Should the Mayor fail to recommend a Chairman for each board, committee, or commission, and/or the Council fails to approve any Chairman recommended by the Mayor, a majority of the Council plus one may approve appointment of a Chairman to serve as Chairman without a recommendation of the Mayor. The other Board Officers are elected by a majority vote of the Members at the first meeting after the annual appointment process. Section 3.2. Terms of Office for Board Officers. Board Officers serve for a term of one year. In the event of vacancy in the office of Chairman, the Vice -Chairman shall serve as Chairman until the City Council appoints a replacement Chairman. A vacancy in the other offices shall be elected by majority vote of the Members at the next regularly scheduled meeting, or as soon as reasonably practical for the unexpired term. If possible, a Board Officer shall continue to serve until the vacancy is filled. Section 3.3. Duties. a. The Chairman presides at Board meetings. The Chairman shall generally manage the business of the Board. The Chairman shall perform the duties delegated to the Chairman by the Board. b. The Vice -Chairman shall perform the duties delegated to the Vice -Chairman by the Board. The Vice -Chairman presides at Board meetings in the Chairman's absence. The Vice -Chairman shall perform the duties of the Chairman in the Chairman's absence or disability. Zoning Board of Adjustment Bylaws Revised March 2015 Page 2 of 6 c. The Secretary shall perform the duties delegated to the Secretary by the Board. ARTICLE IV. MEETINGS Section 4.1. Time and Date of Regular Meeting. Meetings and hearings of the Board shall be held at the call of the Chairman and at such times as the Board may determine. All meetings and hearings shall be public. Each case before the Board must be heard by at least 75 percent of the Members. Section 4.2. Agenda. Items may be placed on the agenda by the Chairman, the City Manager or designee, or at the request of a Member. The party (or individual) requesting the agenda item will be responsible for preparing an agenda item cover sheet and for the initial presentation at the meeting. Items included on the agenda must be submitted to the Staff Liaison no later than one week before the Board meeting at which the agenda item will be considered. Agenda packets for regular meetings will be provided to the Members in advance of the scheduled Board meeting. Agenda packets will contain the posted agenda, agenda item cover sheets, and written minutes of the last meeting. Section 4.3. Special Meetings. Special meetings may be called by the Chairman or on written request of two (2) Members. Section 4.4. Quorum. A quorum shall consist of a majority of the Members. A quorum is required for the Board to convene a meeting and to conduct business at a meeting. Attendance of at least 75 percent of the Members is required to hear and determine a case. Section 4.5. Call to Order. Board meetings will be called to order by the Chairman or, if absent, by the Vice -Chairman. In the absence of both the Chairman and Vice - Chairman, the meeting shall be called to order by the Secretary, and a temporary Chairman shall be elected to preside over the meeting. Section 4.6. Conduct of Meeting. Board meetings will be conducted in accordance with these Bylaws and City Council Meeting Rules and Procedures, as applicable to the Board. See Ordinance Chapter 2.24. Section 4.7. Voting. Each Member shall vote on all agenda items, except on matters involving a conflict of interest, substantial financial interest or substantial economic interest under state law, the City's Ethics Ordinance, or other applicable Laws, Rules Zoning Board of Adjustment Bylaws Revised March 2015 Page 3 of 6 and Policies. In such instances the Member shall make the required disclosures and shall refrain from participating in both the discussion and vote on the matter. The Member may remain at the dais or leave the dais, at the Member's option, while the matter is being considered and voted on by the other Board Members. Unless otherwise provided by law, each case before the Board must be heard and determined by at least 75 percent of the Members. Any request not approved by affirmative vote of at least four Members shall be considered denied. Section 4.8. Minutes. A recording or written minutes shall be made of all open sessions of Board meetings. The minutes shall show the vote of each Member upon each question or, if absent or failing to vote, indicating such fact, and examinations and other official actions. The Staff Liaison is the custodian of all Board records and documents. Section 4.9. Attendance. Members are required to attend Board meetings prepared to discuss the issues on the agenda. A Member shall notify the Chairman and the Staff Liaison if the Member is unable to attend a meeting. Excessive absenteeism will be subject to action under Council policy and may result in the Member being replaced on the Board. See Ordinance Section 2.36.010D. Excessive absenteeism means failure to attend at least 75% of regularly scheduled meetings, including Board meetings and Subcommittee meetings. If a Member is removed from the Board that position shall be considered vacant and a new Member shall be appointed to the Board in accordance with Section 2.5 above. Section 4.10. Public Participation. In accordance with City policy, the public is welcome and invited to attend Board meetings and to speak on any item on the agenda. A person wishing to address the Board must sign up to speak in accordance with the policy of the Council concerning participation and general public comment at public meetings. Sign-up sheets will be available and should be submitted to the Chairman prior to the start of the meeting. If any written materials are to be provided to the Board, a copy shall also be provided to the Staff Liaison for inclusion in the minutes of the meeting. Speakers shall be allowed a maximum of three minutes to speak, but may take up to six minutes if another individual who signs up to speak yields the time to the speaker. If a person wishes to speak on an issue that is not posted on the agenda, they must file a written request with the Staff Liaison no later than one week before the scheduled meeting. The written request must state the specific topic to be addressed and include sufficient information to inform the Board and the public. A person who disrupts the meeting may be asked to leave and be removed. Zoning Board of Adjustment Bylaws Revised March 2015 Page 4 of 6 Section 4.11. Open Meetings. Public notice of Board meetings shall be provided in accordance with the provisions of the Texas Open Meetings Act. All Board meetings and deliberations shall be open to the public, except for properly noticed closed session matters, and shall be conducted in accordance with the provisions of the Texas Open Meetings Act. Section 4.12. Closed Sessions. The Board may conduct closed sessions as allowed by law, on properly noticed closed session matters, such as consultation with attorney on legal matters, deliberation regarding the value of real property, competitive utility matters, and economic development negotiations. A recording or certified agenda shall be made of all closed sessions of Board meetings. ARTICLE V. REPORTS TO CITY COUNCIL The Board shall meet with City Council, as requested, to determine how the Board may best serve and assist City Council. City Council shall hear reports from the Board at regularly scheduled Council meetings. ARTICLE VI. SUBCOMMITTEES Section 6.1. Formation. When deemed necessary by a majority of the Board, Subcommittees may be formed for specific projects related to Board matters. Subcommittees comprised of non -Members may only be formed with the prior consent and confirmation of the City Council. Section 6.2. Expenditure of Funds. No Subcommittee, or member of a Subcommittee, has the authority to expend funds or incur an obligation on behalf of the City or the Board. Subcommittee expenses may be reimbursed if authorized and approved by the Board or by City Council. Section 6.3. Open Meetings. Subcommittee meetings and deliberations shall be open to the public, except for properly noticed closed session matters, and shall be conducted in accordance with the provisions of the Texas Open Meetings Act. ARTICLE VII. BYLAW AMENDMENTS These Bylaws may be amended by majority vote of the Board Members at any regular meeting of the Board. The Board's proposed amendments to the Bylaws must be Zoning Board of Adjustment Bylaws Revised March 2015 Page 5 of 6 approved by City Council at the next Council meeting after the Board's approval. Bylaw amendments are not effective until approved by City Council. Approved and adopted at a meeting of the City Council on the r;� 1-1 day of v-t,L 2015. ATTEST: Ci cretary THE CITY OF GEORGETOWN r L 6 4 Mayor Approved and adopted at a meeting of the Board on the - day of /G,rG , 2015. ATTEST: o� �L Board Secretary Zoning Board of Adjustment Bylaws Revised March 2015 Page 6 of 6