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HomeMy WebLinkAboutBoard of Zoning Appeals (these have NOT gone through Charter process)'.' Rev. 2/5/98 BZA RULES OF ADMINISTRATIVE PROCEDURE The following rules of procedure are adopted by the Lansing Board of Zoning Appeals to facilitate the performance of its duties and the exercising of its responsibilities, functions and powers in accordance with the City or Village Zoning Act, 1921 PA 207, MCL 125.585, MSA , as amended (ACT 207), other applicable statutes, the Lansing City Charter and applicable city ordinances including Chapter 1244 (Board of Zoning Appeals) of Title Six (Zoning) of the Codified Ordinances of the City of Lansing. A copy of ACT 207 Section 5, the Lansing City Charter and Chapter 1244 are included as Appendices 1, 2 and 3 respectively. Chapter 1244 of the Zoning Code includes the following subsections: 1244.01 1244.02 1244.03 1244.04 1244.05 1244.06 1244.07 1244.08 1244.09 Establishment. Composition; terms of office; vacancies. Powers and duties. Appeal procedures . Hearings. Variances. Vote required. Conditions for approval. Appeals to Circuit Court. Section 1.0 Officers and Ex-Officio Members 1.1 Selection of Officers A. The Board shall, at the first meeting in June, elect from among the voting members a Board Chairperson and Vice Chairperson. B. Whenever both positions are vacated for whatever reason, the remaining members shall elect from the seated members a new chairperson and vice chairperson, to fulfill the unexpired terms. C. Whenever both the Board Chairperson and Vice Chairperson are absent from a meeting for whatever reason, the remaining members shall elect from the members present a temporary chairperson to conduct that meeting. The RULES OF ADMINISTRATIVE PROCEDURE - BZA 020598 Page3 1.4 Duties of the Secretary The duties of the Secretary are as follows: A The Secretary shall be responsible for maintaining the minutes of Board meetings. Copies of the minutes shall be distributed to all voting Board members prior to the meeting at which they will be considered . B. The Secretary shall assure that the minutes of each Board meeting are filed in the office of the City Clerk as a public record required by the Lansing City Charter, Section 5-105.10. C. The Secretary shall be responsible for keeping a record of all Board actions. D. The Secretary shall provide written notice of the Board's decision to the applicant. This notification shall include details of the petition, the Board's findings and action, and any other information as may be required by ordinance. E. The Secretary shall execute all documents in the name of the Board. The Secretary shall perform other duties as the Board directs. The Secretary shall perform any duties which are customary to the office. F. The Secretary shall cooperate and assist the City's Freedom of Information office in responding to requests for Board records as required by the Freedom of Information Act, 1976 PA 442, MCL 15.231 et seq., MSA Section 2.0 Meetings 2.1 Regular Meetings A Regular meetings of the Lansing Board of Zoning Appeals will be held on the second Thursday of every month at 7:30 p.m., Tenth Floor, Lansing City Hall, 124 W. Michigan Avenue, unless otherwise publicly noticed as required by the Open Meetings Act, 1976 PA 267, MCL 15.261 et seq ., MSA B. As required by the Open Meetings Act, the Board of Zoning Appeals shall post the dates, times, and places of its regular meetings within ten days after the first meeting of the board in each calendar year. RULES OF ADMINISTRATIVE PROCEDURE -BZA 020598 Page 5 1. Scheduled Public Hearings: The petitioner or the petitioner's representative shall be permitted time for presentation, not to exceed five (5) minutes. All others shall be given time to comment, not to exceed three (3) minutes. 2. General Public Comments: All persons shall be given time, not to exceed three (3) minutes, to speak on issues before the Board of Zoning Appeals or on topics of general interest to the Board. C. The Board of Zoning Appeals may grant additional time to any speaker for the presentation of new or additional information . 2.4 Quorum A Five (5) members, or a majority of the persons seated on the Board of Zoning Appeals, shall constitute a quorum for transacting business and taking official actions. B. Any amendment to a motion shall be by majority vote of those members present. C. Whenever a quorum is not present at a regular or special meeting, those present may adjourn the meeting to another time . Those present may also meet as a Committee of the Whole for the purpose of accumulating and accepting public comments on matters on the agenda. No official action(s) may be taken when there is no quorum. 2.5 Conflict of Interest All members shall act in accordance with the provisions of the Ethics Ordinance, City Ordinance #953, Chapter 290, Title Two, Codified Ordinances of the City of Lansing ; passed August 26, 1996 and included here as Appendix #4. A Any Board Member who suspects a conflict of interest regarding an agenda item, shall disclose the possibility prior to any discussion of the topic during the meeting. Once disclosed, the potential conflict shall be addressed by all members attending, as prescribed by the Ethics Ordinance. B. The Board member who concurrently serves on the Planning Board, known as the Planning Board Liason member, shall not vote on appeals of Planning Board decisions and is automatically recused. RULES OF ADMINISTRATIVE PROCEDURE -BZA 020598 Page? without anticipation of return to the Board shall be considered an automatic resignation. E. Upon affirmative action of the Board, the Chairperson or the Secretary shall transmit a written notice of excessive absences to the Mayor with the request for a replacement member. F. These procedures do not prohibit a member from voluntary resignation. Letters of voluntary resignation shall be addressed to the Mayor. 2. 7 Order of Business The Agenda for each meeting, prepared by the Secretary, shall contain the following elements in order : 1. Call to Order (Introduction of Procedures read by Chairperson) 2. Roll Call 3. Excused Absences 4. Approval of the Agenda 5 . Communications 6. Hearings (advertised) and Board Actions a. Hearings shall be held for each case that was advertised . b. Board Action -Following each hearing, the Board shall convene as the Committee of the Whole for the purpose of discussing the case. Following the committee's discussion, the Board may take action on the appeal in accordance with Chapter 1244 of the Zoning Code (Appendix 3). 3. Recess 4. Public Comment 5. Business Session a. Approval of Minutes b. Old Business c. New Business d . Board Member Comments 6. Adjournment 2.8 Motions A Motions shall be restated by the Chairperson or the Secretary before a vote is taken. RULES OF ADMINISTRATIVE PROCEDURE -BZA 020598 Page 9 Notice of all public hearings before the Board of Zoning Appeals shall be made in a timely manner in accordance with the requirements of ACT 207, the requirements of the Lansing Planning and Zoning Code and all other applicable Michigan Statutes and local ordinances. SECTION 4.0 COMMITTEES 4.1 Committees appointed by the Chairperson The Chairperson shall, from time to time, appoint temporary committees from the Board membership to conduct special studies or compile special reports to facilitate the duties of the Board . The committee shall report to the Board of progress or recommendations regarding the committee's function. SECTION 5.0 BOARD OF ZONING APPEALS STAFF 5.1 Authorization The City of Lansing Board of Zoning Appeals staff shall consist of the Zoning Administrator (Secretary), and other personnel as may be necessary to complete the work of the Board . SECTION 6.0 AMENDMENTS 6.1 Amendments to the Rules of Administrative Procedure These rules may be amended by the Board by a majority vote during any regular meeting , provided that all members have received a copy of the proposed amendments at least three (3) days prior to the meeting at which the amendments are to be considered . THESE RULES OF ADMINISTRATIVE PROCEDURE ARE ADOPTED THE __ DAY OF , 1'998.. a c:o .) LANSING BOARD OF ZONING APPEALS