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HomeMy WebLinkAboutZBA Rules & Procedures adopted 2-1-22ZBA Rules and Procedures 1 Adopted 2/1/2022 ZONING BOARD OF ADJUSTMENT RULES AND PROCEDURES The Zoning Board of Adjustment (ZBA) hears requests for variances from the standards of the Unified Development, Flood Hazard Protection, and Easterwood Field Airport Zoning ordinances; appeals of the Administrator’s decisions; interpretations of the Official Zoning Map; expansions of buildings with nonconforming uses; special exceptions for parking in residential yards; and deviations from the distance requirements for the keeping of domestic livestock. The ZBA is a fact-finding body, quasi-judicial, and required to make findings of certain criteria to grant requests. Positive action requires an affirmative vote by at least four (4) of the five (5) members. Recourse from ZBA decisions is to a Court of Law and appeals must be made within ten (10) days of the decision, which become final at Thursday noon after the meeting. The ZBA shall develop and adopt rules in accordance with State law and City ordinance to govern the ZBA and its meetings. I. APPLICATION  A complete application and payment of the associated application fee are required for a request to be considered by the Zoning Board of Adjustment.  Applications are to be made online through the City of College Station’s project processing system  The Administrator can assist the applicant in determining the zoning of the tract and in identifying the applicable ordinance section for the application.  Additional materials may be required of the applicant such as site plans, elevation drawings, and floor plans. The Administrator shall inform the applicant of any extra materials required. II. NOTICE  The Secretary to the Board shall notify the applicant of the ZBA meeting by certified mail not less than 15 days prior to the meeting. ZBA Rules and Procedures 2 Adopted 2/1/2022  The Secretary to the Board shall notify property owners within 200 feet of the property for which a request is pending of the ZBA meeting by certified mail not less than 15 days prior to the meeting. ≈ Such owners shall be determined by the Secretary to the Board. When deciding which property is within 200 feet, measurements shall be made in a straight line, without regard to intervening structures of objects, from the nearest portion of the property for which a request is pending to the nearest portion of other properties. ≈ Notice by certified mail to such owners shall correspond to the owner’s names and address as shown on certified tax roles even if the tax rolls are incorrect or outdated.  The Secretary to the Board shall place a notice of the ZBA meeting in THE EAGLE not less than 15 days prior to the meeting. III. PROHIBITION ON EX PARTE COMMUNICATIONS  The Board is a quasi-judicial body with authority to decide the rights of individual parties, subject to the requirements of state law and the City of College Station Code of Ordinances. In deference to its decision-making role, no one other than City staff may contact a board member outside of a public hearing regarding a matter that is pending, or may in the future be pending, before the Board. All communications to the Board outside of a public hearing should be directed to the staff liaison.  Board members shall not individually investigate cases before the Board, other than routine site visits or reviewing publicly available information.  A Board member that receives material information regarding a case that is not made available to other Board members may not participate in the case unless the member publicly discloses the information and its source as the earliest reasonable opportunity. A Board member may disqualify themselves if an applicant, interested party, or agent has sought to influence the member’s vote other than in a public hearing or through documents made available at the public hearing. IV. MEETINGS  Robert’s Rule of Order, newly revised, shall be followed.  Meetings shall be held the first Tuesday of each month at 6:00 PM.  Packets for ZBA Members shall be emailed by the Secretary of the Board at least one week before the meeting. ZBA Rules and Procedures 3 Adopted 2/1/2022  Each item before the ZBA must be heard by at least four (4) members.  The ZBA may act on any request with or without the applicant’s presence at the meeting.  When hearing requests, this procedural format shall be followed: ≈ Staff Report ≈ ZBA Members ask questions ≈ Public Hearing ≈ ZBA discussion and action V. MINUTES  Minutes of the meeting shall be typed by the Secretary to the Board in paraphrased form to reflect pertinent points of discussion (in the Secretary’s judgement). No transcription will be made.  Minutes shall be signed by the Chairman after they are approved by the ZBA. VI. PUBLIC HEARING  Witnesses shall be placed under oath by the Chairman using this statement: “Do you swear or affirm to tell the truth in this proceeding under penalties of perjury?”  Witnesses include the applicant and interested persons. VII. MOTIONS  Motions shall be made on the Motion Format Form and be positive or negative.  Negative motions (motions to deny a request) should be made when the ZBA finds that the request has not met all of the criteria required to grant the request.  Negative motions which fail do not imply the request is granted. Requests are only granted when a positive motion is passed by at least four (4) ZBA Members. Requests are denied when a negative motion is passed by a majority of members present.  If a negative motion does not receive a majority of votes, or a positive motion does not receive at least four (4) votes, the request is not granted. Once the vote result is announced by the Chairperson, a member of the prevailing party may request that the motion be reconsidered. A motion to ZBA Rules and Procedures 4 Adopted 2/1/2022 reconsider must receive a second, must occur during the same meeting, and must receive a majority to pass. If the motion to reconsider passes, the original motion is back on the floor and may be amended in accordance with Robert’s Rule of Order, discussed further, and considered. If the motion to reconsider fails, the result of the original motion prevails. VIII. REHEARING  Applicants must have the ZBA’s approval to present the same or a similar request regarding the same property after denial of such request by the ZBA.  When a request is denied, within ten (10) days of the denial, the applicant may request that the ZBA rehear the request at a future date. To make this request, the applicant must submit to the Administrator new information that was previously not available to the Board.  Within the ten days, the Administrator will put the request to rehear on the next available ZBA meeting agenda.  To decide to rehear a request, the ZBA must determine the information provided by the applicant is new and relevant to their decision point of a hardship(s) as a result of a property’s special condition(s). ZBA approval to rehear a request requires a motion to rehear, a second to that motion, and passage by a majority of members present.  The determination that information previously not available is relevant to a request’s hardship and special condition does not necessarily indicate the eventual approval of a request.  If the ZBA approves a request to rehear, the applicant must pay a new fee within ten (10) days to be scheduled for a future meeting. IX. APPEAL DECISION  If an applicant wishes to appeal a ZBA decision, he/she must file a petition with a court of record within ten (10) days after the date the decision is filed in the Planning and Development Services Department.