BY – LAWS
BOARD OF ADJUSTMENT
CITY OF LONGVIEW

ARTICLE I – NAME AND AUTHORITY
Sec. 1. Name

The name of this organization shall be known as the Longview
Board of Adjustment (Hereinafter, referred to as the Board).

Sec. 2. Authority

The Longview Board of Adjustment is established by Ordinance
No. 96 of the City Council of the City of Longview, Texas,
pursuant to authority of Article g, Vernon’s Texas Annotated Civil
Statutes and all amendments.

ARTICLE II – POWERS AND DUTIES
Sec. 1.

The Board shall be vested with all powers and duties available to it
as specified under Texas Civil Statutes and all amendments
thereto.

Sec. 2.

Specifically, the Board shall take action in regards to the
following:
A.

Permit the reconstruction, extension or enlargement of a
building occupied by a nonconforming use on a lot or tract
occupied by such building, provided such reconstruction
does not prevent the return of such property to a
conforming use;

B.

Permit the expansion of off-street parking or off-street
loading for a nonconforming use. The Board may permit
off-street parking or off-street loading beyond the lot or
tract upon which the nonconforming use is located.

C.

Permit such modification of the height, yard, area, coverage
and parking regulations as may be necessary to secure
appropriate development of a parcel of land, which differs
from other parcels in the district by being of such restricted
area, shape or slope that it cannot be appropriately
developed without such modification;

 D.

Require the discontinuance of nonconforming uses of land
or structure under any plan whereby the full value of the
structure and facilities can be amortized within a definite
period of time, taking into consideration the general
character of the neighborhood and the necessity for all
property to conform to the regulations of this Ordinance.
All actions to discontinue a nonconforming use of land and
structure, shall be taken with due regard for the property
rights of the persons affected when considered in the light
of the public welfare and the character of the area
surrounding the designee nonconforming uses, and the
conservation and preservation of property.
The Board shall, from time to time, on its own motion or
upon cause, presented by interested property owners,
inquire into the existence, continuation or maintenance of
any nonconforming use within the City;

E.

Hear and decide an appeal that alleges error in an order,
requirement, decision, or determination made by an
administrative official.

Sec. 3.

In taking action, the Board shall consider whether the public convenience
and welfare will be substantially served and if the appropriate use of the
neighboring property will not be substantially or permanently injured.

Sec. 4.

Work plans. The Board shall annually prepare a work program detailing
the Board’s prospective activities for the ensuing year, and a written report
of its activities for the previous two (2) years. The report shall include a
review of the Board’s mission, its accomplishments and activities in
general, the attendance record of its membership, and any
recommendations or requests deemed appropriate by the Board.
At least once every two (2) years, the Chairman shall present to the City
Council at a regularly scheduled work session a report of the activities of
the Board since the previous such report or for the last two (2) years,
whichever period is shorter in duration.

ARTICLE III – MEMBERS
Sec. 1.

Composition. The Board of Adjustment shall consist of five (5) regular
members and up to four (4) alternates.

Sec. 2.

Term of Office. The term of office of each member shall be for two (2)
years or until a successor is appointed and qualified. No person shall
serve more than two (2) consecutive full terms. A person will be eligible
for reappointment to the Board one (1) year from and after the expiration
of the second of two (2) consecutive terms. Serving the remainder of a

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 term, which has been vacated, shall not be considered in determining
terms served.
Sec. 3.

Appointments. Appointment to the Board shall be made in March of each
calendar year.

Sec. 4.

Residency. Residency in the city limits of Longview, Texas, shall be a
prerequisite to serving on the Board of Adjustment.

Sec. 5.

Voting. At all meetings of the Board of Adjustment, each member
attending shall be entitled to cast one (1) vote. All members present shall
cast either an affirmative or negative vote unless he/she has vacated their
seat because of a conflict of interest. Voting shall be by voice or by roll
call as determined by the Chairman. All cases to be heard by the Board
must be heard by a minimum of four (4) members. The concurring vote of
four (4) members of the Board shall be necessary to decide in favor of the
applicant on any matter. The number of votes cast for and against each
motion shall be recorded in the minutes.

Sec. 6.

Conflict of Interest. Any member of the Board who feels that he/she has a
conflict of interest on any matter that is on the Board’s agenda shall
explain the nature of such conflict, voluntarily vacate his/her seat and
refrain from discussing and voting on said item with other Board
members. A member shall declare a conflict of interest in a matter under
consideration by the Board when: (1) The member has a personal
financial interest in the matter; (2) The member is an officer of, has an
interest in, or is employed by a firm or corporation which has an interest in
the matter; or (3) Any circumstance exists which would in any way affect
the ability of the member to give a fair and impartial determination in a
matter before the Board. Any member may raise the question of conflict
of interest or possible conflict of interest with respect to any other member
present. The question raised must be decided by majority vote of the
members present.

Sec. 7.

Absences. Any member shall forfeit his or her office if said member
misses more than three (3) regular meetings in succession or more than
one-third (1/3) of the regular meeting during any calendar year, unless for
medical reasons certified by a physician, or excused by the Board and City
Council.
An attendance record shall be forwarded to the City Manager on a
quarterly basis.

Sec. 8.

Vacancies. Any vacancy resulting from resignation, removal, or death of
a member serving as Chairman, shall cause the Vice-Chairman to
automatically assume the position of Chairman and a new Vice-Chairman
shall be elected.

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 ARTICLE IV – OFFICERS
Sec. 1.

The officers of the Board of Adjustment shall be Chairman, ViceChairman, and Secretary.

Sec. 2.

The Chairman and Vice-Chairman shall be elected at the annual meeting
and shall serve for a term of one (1) year, or until their successors are
elected. Any member nominated for the office of Chairman shall have at
least one (1) full year of unexpired term to serve.

Sec. 3.

The City Planner shall serve as Secretary, and may appoint a staff member
as Assistant Secretary.

Sec. 4.

Any vacancy of office shall be filled by election for the remainder of the
normal term.

Sec. 5.

No person shall be eligible to hold the office of Chairman or ViceChairman for more than two (2) full, consecutive one-year terms.

ARTICLE V – DUTIES OF OFFICERS
Sec. 1.

Chairman. The Chairman shall preside at all meetings of the Board and
shall be eligible to vote on all matters coming before the Board. He/she
shall appoint all committees and is responsible for conducting all meetings
in an orderly manner. The Chairman shall sign all resolutions and other
approved records, papers, and documents of the Board.

Sec. 2.

Vice-Chairman. The Vice-Chairman shall perform all the duties and
assume all the responsibilities of the Chairman in his absence.

Sec. 3.

Secretary. The Secretary shall keep accurate records of all proceedings of
the Board, be responsible for issuing all necessary correspondence, notices
and agendas, and be responsible for compiling reports and keeping
attendance records. The Secretary shall sign and note approval of the
minutes of the Board and shall, when required by law, authenticate the
signature of the Chairman.

Sec. 4.

Assistant Secretary. In the absence of the Secretary, the Assistant
Secretary shall act in the manner and capacity as Secretary.

ARTICLE VI – MEETINGS
Sec. 1.

Regular Meetings. Regular meetings of the Board shall be the third
Tuesday of each month, unless such date is a legal holiday, in which case
the meeting shall be held on the following day (Wednesday). Unless
otherwise publicly announced by the Chairman, all meetings shall be held
in the City Council Chambers, Jo Ann Metcalf Municipal Building, 300
West Cotton Street, Longview, Texas 75606. The regularly scheduled

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 meeting shall commence at 11:00 a.m. Any change in meeting location,
time, or date shall be posted on the official notice board in the Municipal
Building, for the convenience of persons having business before the
Board.
Members of the Board, in the interest of fairness to applicants and the
public, shall discourage any discussion of an application or other matter
requiring a public hearing with the applicant, his/her representative or the
general public prior to the public hearing. This restriction includes
personal conversation, telephone call or letter. All such discussion shall
be held at the public hearing called for that purpose enabling all members
and the public to have the full benefit of such discussion.
Sec. 2.

Agenda. The secretary, or other authorized officer, shall prepare an
agenda of all matters to come before the Board no later than six days (6)
prior to the meeting date. All requests for inclusion on the agenda shall be
made known to the secretary by 5:00 p.m. eight days prior to the next
regular meeting or by the officially established schedule pertaining to the
type of case to be heard.

Sec. 3.

Special Meetings. Special meetings may be called by the Chairman, or in
his/her absence, the Vice-Chairman, or upon written request of any three
(3) members of the Board. Notice received by letter or phone by Board
members and the news media 24 hours prior to the scheduled time shall be
considered ample notice.

Sec. 4.

Annual Meeting. The regular meeting of the month of March of each year
shall be designated as the annual meeting, at which time officers for the
coming year shall be elected.

Sec. 5.

Quorum. A quorum shall consist of four (4) members of the Board
appointed and qualified at any given time. In the absence of a quorum at
any meeting, the presiding officer may adjourn the meeting to a specific
time, date, and place, which shall be publicly announced.

Sec. 6.

Open Meetings. All meetings of the Board shall be open to the public and
to attendance by representatives of the news media, in accordance with
Texas Open Meetings Law (Art. 6252-17 Texas Revised Civil Statutes).

Sec. 7.

Minutes Available. The Secretary shall prepare and maintain permanent
minutes to be kept available for public view and use.

ARTICLE VII – COMMITTEES
Sec. 1.

Other Committees. The Chairman shall appoint such committees as may
be deemed necessary to carry on the work of the Board.

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 ARTICLE VIII – FINAL DISPOSITION
Sec. 1.

In the final disposition of any application, the decision shall affirm,
modify, or reverse the refusal of a permit by, or any order or decision of,
the City Planner. In case of an application for variance or special
exception, the decision shall set forth that the application is denied or that
it is granted with or without conditions, and said decision shall specifically
set forth what variations or special exceptions are permitted and what
conditions, if any, shall be complied with. Every application shall be
disallowed, unless the concurring vote of four members of the Board shall
favor the appeal or application.

Sec. 2.

Any applicant may, in writing, withdraw his application at any time prior
to its hearing by the Board of Adjustment.

Sec. 3.

If the Board grants an application, all permits necessary for the
prosecution of the work shall be obtained within ninety days and
construction commenced within one year from the date of permission by
the Board. If the provision is not complied with, the variance is void and a
new application must be submitted to the Board.

ARTICLE IX – REHEARINGS
Sec. 1.

No rehearing of any decision by the Board of Adjustment shall be had
except on motion by a member of the Board to reconsider the vote, made
and acted on within ten days after its decision and carried by not less than
four concurring votes.

Sec. 2.

No motion for a rehearing shall be entertained except upon written request
for rehearing, and then not unless new evidence is submitted which could
not reasonably have been presented at the meeting at which the hearing
was originally had.

Sec. 3.

If a rehearing is granted, a new date shall be set.

Sec. 4.

No additional application to the Board of Adjustment shall be allowed,
unless there shall have been a substantial change in the circumstances
affecting such property since the prior decision on the same piece of
property.

ARTICLE X – PRECEDENTS
Sec. 1.

No action of the Board of Adjustment shall set a precedent. Each case
shall be decided upon its merits and upon the circumstances attendant
thereto.

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 ARTICLE XI – RESOLUTIONS
Sec. 1.

Every resolution not otherwise provided for shall require a majority of the
members present at a legally constituted meeting.

ARTICLE XII – ADVICE
Sec. 1.

The Board will consider no informal request of advice, or moot questions.
Any advice, opinion, or information given by a Board member or the
Secretary, or any other official or employee of the City of Longview, shall
not be binding on the Board. Because of the annoyance caused by
individuals appealing personally to members of the Board, it is declared to
be the policy of the Board to deprecate any such personal appeals.

ARTICLE XIII – PARLIAMENTARY AUTHORITY
The rules contained in Robert’s Rules of Order Newly Revised shall govern the Board in
all cases to which they are applicable, and in which they are not inconsistent with these
Bylaws.

ARTICLE XIV – AMENDMENTS
These Bylaws may be amended at any regular meeting of the Board by a vote of not less
than three (3) members of the Board present and voting, provided that any proposed
amendment has been submitted in writing at the previous regular meeting.
Adopted by the Board of Adjustment this 16th day of December, 2003. To be effective
the 1st day of January 2004.

Dennis Bowles, Chairman

Attest:

Kathleen Easley, City Planner

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