HomeMy WebLinkAboutResolution No. 92-02 . , . - � .-w-,
RESOL�UTION NO. R92-?.
A RESOLUTION ADOPTING RULES OF PROCEDURE FOR THE
ZONING BOARD OF ADJUSTMENT OF THE CITY OF FRIENDSWOOD,
TEXAS, PURSUANT TO AUTHORITY CONTAINED IN SECTION 10
OF THE ZONING ORDINANCE OF THE CITY OF FRIENDSWOOD,
TEXAS.
BE IT RESOLVED BY THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF
FRIENDSWOOD, TEXAS:
Section 1. The following rules of procedure shall
govern all meetings and proceedings of the Zoning Board of
Adjustment ( "BOA" ) of the City of Friendswood, Texas, and the
canduct of its members and persons in attendance at such
meetings:
Rule 1 . Meetings.
(A) Regular meetings of the BOA shall Y�e held in the
Council Chambers of the City Hall on the 4th
Tuesday of each month as needed, commencing at 7: 00
o' clock p.m. Tn the event Tuesday falls on a
holiday, the meeting for that day shall be
rescheduled as determined by the BOR. Any meeting
of the BOA may r�e recessed from haur to hour ar.
from day to day by a majority vcte of the mernber;,
present at suc.h meeting, and suck°� recessed meetii,c�
shal� be held without further natic� �f any mernUE,r;
prcvided, that ria meeting shall be recessed t.c� a
time later than forty-eight ( 48) hour�s after tr,e
time at which the action to recess an�� such mer�t.;.i�g
is tak�n unless a new notice of ine�tiny is cJ.uly
posted in accordance with law.
(E�) �pecial rneetings of thc flOA shal l b� held ��r the
call �f the Chairman and th.ree ( , ) or. mcr�
members. Such meetings may be heid at City �all. ar
at another location within tl-ie City desi+�nated by
the BOA.
; C) Notice and conduct of aIl meetings, whet.:ier regular
nr special, s:�all be in acc�,rdance witY� Tex. Re�v.
Civ. Stat. Anr.. art. 6252-17 , th� Texas G�en
Tneetings Act..
Ru1_c� 2 . Th� B�a �ha�3 be eam�rised flf fivc; ( 5} memk�ers,
ea��-: of which are a�pointcd as r�gular.
mF�r:��rs o:E the BG� b� tre C�ty ('.ounG i.1.t
Pu.rsuaZt t:. law, the City Co�;riCli a.isa
appoints four ( 4) alterr�at�� mE�mbers tu t�he
BOA, serviag only during t.;�e a�,ser�ce c�f a
regular member, and further such alternate
members serv� in such absence ozly when
specifically requested to do so by the Mayour or
trLe City Manager as set forth in Section
2i1. 008{c) , Texas Local Government Code. No
alternate member is entitled or permitted to
participate as a BOA member except in such absence
and. pursuant to such request. The BOA shall not
meet unless at least four (4) members are present,
such number constituting a quorum for the
transaction of business, but in nv event shall
more than five (5) members sit at any time.
Except as otherwise provided herein, no action of
the BOA shall be valid or binding unless adopted
by the affirmative vote of four (4) members. In
the event the BOA membership falls below four (4) ,
then the meeting shall be adjourned until the next
called or regular meeting.
Rule 3 . Chairman Call to Order.
The Chairman, or in his absence the Vice-Chairman, shall
preside at all meetings of the BOA. In the absence of thE
Chairman and the Vice-Chairman, any member elected by a
majority of the BOA at such meeting may preside unlPSs
another member has been designated by the Chairman for such
� purpose. At thc ho�r of the meeting, the Chairman or acting
Ch�irman sha]_1 assume the chair, call the ROA t� order, and
tne Secr�tary shall call the roll.
Rule 4 . Handling of Agenda Subjects .
The BOA shall b� the sole judge of its own procedure anci
shall be in full cor�trol r�f the business before it N�itYier
the Chairman, nor the Vice-Chairman, nor any memher
appointF�d to preside shall have any power to either rec�ss a
meeting or. adjaurn a meeting, or prevent the SOA from
considering an agenda item, or lay the same out for
consideration, except in accordance with the Texas Upen
Meetings Act, the City Charter, and as otherwise provi�ed
h�rein. If, notwithstanding the positive provi.sions of this
Rule, the presi_ding officer, whether Chair.nan, Vice-
Cha�rman, or member p�esiding, shall attempt to prevent the
F��JA frc�m taking any a�tion on any agenda item br�ught befcre
it, any member pres�nt ma.y call for a vote of the BOA to
consider the matteL•.
Rul.e 5 . Con�uct of Chairman and Members.
??ny- sr,e�nbc.�- :�� t?ie 3�A� �i.cluding ihe Chairma:�, V;ha �i�all
fa�� ta obs�r-ve decorous and orderl� behavior during a
m�eting af- the BCA shall. be subiect to expulsicn from such
mE:eting upon r«oti.or. nasSed hy majc�rity vote of tt�e BJA
p.resent at the meeting.
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Rule 6 . Non-interruption.
MemY�ers of the BOA shall be permitted to address t:e Chair
while either seated or standing, and after recognition srial.l
not be interrupted while speaking without his consent,
except by a call of order of the Chair.
Rule 7 . Handling of Question of Order.
Al1 questions of order shall be decided by the Chairman with
the right of appeal of such decision to the members, and a
majority of the members present may overrule the decision of
the Chair. When the Chair rules on a point of order and one
�f th� members states "I appeal the ruling of the Chair, " or
the words to s:�ch effect, no other business shall be
tran�acted until the question, Shall the ruling of the
Chair be sustained? " be voted ,on. The Chairman sha71
immed.iately put such c�uestion to vote without debate, and,
if he tails to do so i.mmediately, any member of the BUA may
put the question to a vate.
Rule 8 . Mution to Table,
Since t�he ROP_ wiil a.lways have regularly scheduled meetings,
a mo�r.ion *_o t�abl�, when car.ried, does not permanently dc-S:eat
a m�asur�. I{ � :notion or other measure is tabled by a
:naj�rit1T va�_e oi t?:� �OA, such mot�on, or other measure,
shall be cansider�eci always L-o be lying upon the tab?� anci
may be called fr�m tlie table at any time by a ma;arity vote
of the members preser.t, and again considered.
Rule 9 . 2'z�ocedtire to �efeat Without Debate.
Upon �:ny measLre bc�ing laid out, or any motion being niade,
any memi>er gresent, bef�re there is any debate opencci on the
subject, may make a parliamentary objection to �re
consideration c;f �hE� subject wh.ich need not be seconded. No
dc2�ate shall then be }�ermitLed, and the Chairman shall
immedi.ately puL the question, "Shall the objection bn
sustai.ned? " If the objection is sustained by a vote of two-
thirds of the members present, the motion or c�ther measure
is pennanerltly defea�ed re�x the meeting and shall not be
debate�� (cxcept i:� ac.cor_d�,ace with Rule 10} .
Rule 10 . v.rocedur_c, tc i���bate.
Tf, �u_-ix�rt a deba�:e unon any r�oti_on or o�her matter b�tox-e
�}:C� F3�?i� t��tV 1'1C':1��:"_'_' .YlIC?�:C'.� t:=^.dZ t:fl:? :il1�JeCt Li1C�i,Z' �.15Cll�S1G71
}�? put �o � voL�_: w.it�ou� i�ui-�iic.r d�bate (ar�d suc}� a :notion
need �.�t ��e se�cndc�dj , th� Clia�rrr.an shall imsnedi.a�el_v a��}:
the BGA, "Is here any objecticri �o proceeding to vote on t?�e
�r:.otion �r c.tkae: mezsure ��fore c,1<, BOA bE,inq ta'k.en
;r�nec�iatel�-"? I� any a�2mi�er objec�s, the Chairrnan shall
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immediately and without debate put the question, "Shall the
subjeCt being �iscussed be put to a vote without debate to a
vote of the BUA, " and if two-thirds of the members present
vote in favor of ordering the vote, debate on the question
shall be closEd and a vote on the m,otion or other measure
shall be taken i_mmediately.
Rule 11. Reconsideration of a SubjECt.
When a motion or other measure of any sort has been placed
before the BOA and defeated, the same question shall not
again be considered by the BOA until a lapse of ninety (90)
days.
Rule 12 . Reducing Motion to Writing.
All motions must be seconded before being put to a vote by
tr.e Chair (except where otherwise provided in these Rules) ,
and up�n request of any other member or Chairman, the party
making any such mation (except a motion to �rder a vote on a
subject being considered per Rule 8 to table, or such �ther
procedura.l matte.r) shall reduce the s3me to w�iting, or•
rec�uest the Secretary to do the same.
Ru.le 13 . Secretarial Procedure.
The BQA Sec.r�tary . shall be the :�cre�a?-y �f t�z� B0� ,�nd
sh�11 4c�� as r�ading and rec:ordir.y cl.erk t_o the BvA. By i��is
or hF�.r si.�natuze, the S�cretary s:`lall cer_ti�y �lc�
�err�ctr.ess of the minutes and j�ux�n�ls, shal.l r.ecord all
ac�ticrts t.aken b�� fik:e I30A, shall rec�-r_� t�e wate upan each
meas�..re when t.aken, by ayes and na.��s, �� �the shc;w.in.g of.
han3s, and stiall perform such ��tri�r dutie:� as may be
required �f the BOA Secretary Y�y the �hair.man.. In t��e
a�senc� of the Secretary, any su�_table �er_son ma� }a�
appainted by a it,ajority of the men�bers to serve as S�cret:a��y
Prc�-T�m �f ariy m�eting. The Sec.r�t.ary sha.1� ice�p a cop�� ai
�hcs�-� Rules and any and a1.I ather r�qu.ired �3QCiimer:t.s
avai_lahle f�r_ reference.
Rule 14_ Votinc�-.
T.t�e c�nc�urring vate of four (4) memuers of the 9c��x•d o.f
�:d�ustm�nt is necessary to: �a) r_�vF�rse an �rderP
zequ:�remcn�, decisian, or deter_rrn�.n.at:ien �� t'rie zoning
cfficial; (b) dec.i_de in favor c�f an appl�.c�an.t e�n a mat.ter cn
c�hi.r.h t.he SU�'� �s requi.red 4a pass und�r rhe zon_Lag
(3rdiriari�:e;. ar (3) auL-horize a vari��ce fa-om the �.ern�s c�f the
�l�_�ning Qrdiiiar.ce. A1I me:nb�rs ct t:.�1P_ B�F. �r'P.S�°_*IL' ;�t suc:h
raeA��i.� (but: r.oE: .iz�cludinc� ri�tP_T'llti�� �nc>mbers w�.0 ha��e i�o::
k;��ri s�l�c;-.�d �c? par_ti.cipat-e t�u.L rna�* r���n=�rtrrel.ess be
�J?'£?iL.'i11�� �'}1;�i.� VCL.@ L�il Ei3Ctl ?Tl.�ti:k�� �:���L7�E' 1':li.�? 1:�0�3�Q units5
x�nc,-�a.�_r..ed �o a�:�.-ain pursusr,.t to st,at.�� ���,a o�- �.h�: City's
charter.
Rulc 15 ._ ;:ii:i.zrn's I?i,l�t �c� be H���ci.
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Any citizen shall have a reasonable opportunity to be heard
at any and all regular and sp��ial meetings of the BOA in
regard to any and all matters to be considered at any such
meeting. A time shall be set aside during each meeting for
thz BOA to hear from the public . No member of the public
shall be heard unless r_ecognized by the Chairman. Any
member of the public who interrupts the BOA proceedings,
fails to abide by these rules of procedure in addressing the
BOA, or is otherwise disruptive to the extent the BOA is
unable to conduct its meeting in an orderly fashion, shall
be subject to removal from the meeting place upon the
direction of the Chairman. Records relating to items before
the BOA shall be available for public inspection at the City
Hall in accordance with Tex. Rev. Civ. Stat. Ann. , art.
6252-173, the Open Records Act.
Rule 16 . Order of Business - Regular Meetings .
Unless agreed to otherwise by majority vote of th.e BOA, the
normal order of business before the BOA in any regul�r
meeting shall be as �ollowss
( 1) Call to arder.
(2) �.'he Secretary shall mark the absence of the Chairman or
any other member of the BO�i.
(3) The Secretary shall test and att�st to the satisfac�.oxy
operati.on af t.h� *ape recar_der, and maintain proper
funct.icning and tdpe changes �s nPeded thrr�ugt.out. �he
m�eting.
(4 ) Conununi�ati�r�s fre:r, the �haiz-man shall be pres�r�ted.
(5j Repo.rts from the memhers ef the BOA shall be presenteu.
(6) The BU�i shaZ� receivE petitions and hear any of the
public �s provic��d in Rule 15, and any appeal or ��he.�
matt�r s�k�ci:al.l.l% set ��r public hParing shall then be
hearci py �h� �GA.
(7� Jnfin.ished busine�s shall then be consider.e�.
(8j Then the E�A �hal� consider any business that .is
current.ly before them.
(y ) New t�usin�ss shall then be �onsidered.
( 1C y The B(�A �h.,ill c�x•rect �na �dopt or table the rainutes c�f
ttie previ�lu s m�et in�(s) .
( 1.1) A�j ou�-nment.
l�ule _1_?_ Qx:dnr o.t BuS3T1P_SS f�r Sp��cial Meetirrc�s .
Unle:;s a.greed �i:o oth�>rc.��se by a majority vote o� i�he HUA.,
the n�_rmr�i. �rc'ier af husiness ��f�re tlie DOA ir. ari� speciai
meetir.g sh.aZJ_ b�-: *he ti���e: as providEd in Rule 16 a�cv� far
Regx�.?ar t�e�tings .
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Ru'.� ].•`.;_. Suspension of Rules of Procedure.
Any one or all of thes�: r:iles �f procedure may be suspended
in order to allow a particular consideration of a matter,
provid�d that it does not violate state law, or the City's
Home Rule Charter, and not less than two-thirds of the
znembers present vote in fav�r of such suspen�ion. Where any
rule �mbodie� a provision of state law, identically or in
sabstance, such rule may not be suspended. The re�;�ui.rement
of two-thirds of inembers present to suspend a rule shall. not
apply to Rules 16 and Rules 17, but the order of business
may be suspended by a majority vote.
Rule 19 . Rules of Procedure.
Except where in conflict with state law, the City's Home
Ru1e Charter, city ordinance, or the rules af pracedure
adopted by this Resolution, the rules of the procedure laid
down in Robert's Rules of Order, 75th Anniversary Edition,
shall govern the proceedings af the BOA.
Section 2 . Rules regarding official instruments of the BOA.
Th� B��A shall utilize four (4) instruments to for,nally
rzport i.ts work as fo��ow�:
Instrument 1. Official Notice.
Fravisions for advance generaZ 3nn<�un�ement �f BnA meet�.n�s.
IriJtrument?._ Agenda.
7.'h� �g�nd�. of the BOA sha11 have coh�r�nt aricl coiisister�t
:;tr.�ict•.�.re, with simAl.�r items c�rou.�ed together. and relc��ant
��ttachments c].earl�� r.eferenced a.nd,�'or attach�d�
InsL-rument 3 . Orde.rs.
All dec:.si�ns for which �:he BOA is required to act pa�rsuant
t.o �t:�3t� law and th� Cit_y`s Zoning Ordinazce shai.l be
<<,�v-i��nc:ed by a written o.rder whicYx sr�31i. be exer.ut.e� bv t.he
c:hair.man� and attested. by tne Secretazy. Al1 wra��ten or.�ers
shai l be placed in the of.f__cial records of. t:ne BOA
i.mm�diai=�ly upon ad�p�ion arid execut.ion.
�.rrstrumer►t 4 . Minutes . ,
The str_ucture of the minu��� shal.l :�cllow the order. �f �hE�
agc�ndz 3s amended. The cor_t.ezt cf minutes shall x���cc�gnizF
�)_.l infozznatiaz p�eserx�ced �o t:h� &CA c�hether by st�Ff, cather
F��Rbl.ic agencies or BOA, corununit.y gz'cupJ J or ir_terr��ed
p�rtie� . Th� minut:es shall L�rovi_de t�rmai r�c�rd «f the
BOl�"s 4::Li.ons, �r,r.tudi.n� r2�� nr3,nG o� �i-�e mov��.- �nc� �e�:or_�ier
r��7 177C�'t1�;lliSf t`��-' S'ZJF�G.1�2iC G'Qil::f?:Ut�i=l01: Clf ]ft1�.1t:1CtIl:i iiI).�� t�'lr'
v�tir.c� iE:C�7_Q. Thi� ,:��c�.r�� r.-��,.�;t b� pro-���_:ie� for all
��:�-tions , whei,hex pa:sed or �1efc��:tNd. 'I'he �r�3_nut;es oi euch
.::e�ting shall be prepareci, r��:��� r.ub:Licl.� availaD�'le, �nd.
ado�ted by the BnA at a �ubs�=c��.�ent r�eP�ingf at -tha.t
:;,�w�;s�c��.i�n* m�Pting, revisioris of Lne r.l_LT:u�tec may he nlade ic,Y
vote.
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PA.SSF,�, .A.PPROVED, AND ADOPTED by the Zon�_.ig Eoard of
AdjLStir�erit of . the City of Fr_iEnciswood, Texas, this the 13th day
c�f January , 19�? .
� `�, v
'w"illiam Taylor, ai.rman � � �
Zoning Board of l�djustrn�nt
T3TTEST:
E iz t Ayers , Secr_etary
�Znning Boar� of Adjustment
January 13, 1992
Signed this d�te: � �� �
Ue���c�iac-:�: by tt;e C.i,t.y Ccuncil this th� 6th �;�y o�
January 19 9 2 . ------�
�---�------------.__._.. ____r
au W. Sch_rader --�� --.-____.--_._------
'Mayor
�.T��'S`?'�
,�E;.�t��2':i� .l�,r'C17E`.i r {,�}�'rW-•-----------
'L`1t�T ���`C1}.:�C:ii2�
January 6, 1992
;�iy!z�d this �iate s �--------------._.______._.__.__
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