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HomeMy WebLinkAboutBoard of Zoning Appeals_1969 11 1i1 I i t \ a l� 'cam The following rules of procedure are adopted by the City of Lansing Board of Zoning Appeals to facilitate its duties and exercise its responsibilities , functions and powers . Adopted on this 13th day of November 1969 . Mabel Houck , Cha r n Rayqqhd C. Guernsey , Secrete ry These rules and procedures have been examined by me and have been approved as to form and are found to be consistent with the provisions of the Charter of the City of Lansing, Michigan. Oskar Hornbach , City Attorney Filed as a public record on this�ez/I"day oa���1969 Theo Fulton , Ci-ty Clerk OATH OF OFFICE STATE OF MICHIGAN County of Ingham, City of Lansing I DO SOLEMNLY SWEAR, That I will support the Constitution of the United States , and the Constitution of the State , and that I will faithfully discharge the duties of the office of BOARD OF ZONING APPEAL MEMBER according to the best of my ability Sworn to and subscribed before me this day of A. D. 1969 RULES OF ADMINISTRATIVE PROCEDURE OF THE BOARD OF APPEALS FUNCTION & DUTIES : The function and duties of the Board of Appeals are prescribed in the City of Lansing Zoning Ordinance . PUBLIC: All meetings of the Board of Appeals shall be open to t e Pu lic. MEETING DATE : The Board of Appeals shall meet on the second Thursday of each month and at such other times as may be deemed necessary by the Chairman of the Board. Example : If there be no quorum the Board shall meet again for a public hearing and make decisions at such time when quorum shall be present. PARLIAMENTARY PROCEDURE: Except where otherwise specified, meetings s a 1 be conducted according to the Roberts Rules of Order with the exception that the Chairman shall have a vote . ATTENDANCE : Board members shall be regular in attendance . In the event a Board member is absent from two (2) regular meetings in any fiscal year, it shall be the duty of the Chairman to notify the mayor concerning any member who so absents himself. NOTIFICATION OF ABSENCE: Board members unable to attend the meeting s a notify t e Secretary seven (7) days prior to the meeting. The Board will determine at that meeting whether persons providing such advance notice wil be given an excused or unexcused absence . Persons not rovi in suc advance notice will receive an unexcused absence . The Secretary Will note t e reason for all absences . AMENDED -- 4/8/76 EFFECTIVE (711176) QUORUM: A quorum of the Board of Appeals shall be six voting meters . The affirmative vote of six (6) members of the Board of Appeals is required to grant a variance or exception from the regulations in the Zoning Ordinance and the affirmative vote of six (6) members of the Board of Appeals, is required on all other matters . SELECTION: The Board shall , at the July meeting, elect from among the voting members , a Chairman and Vice Chairman . A Board member shall not hold the office of Chairman for more than two consecutive years , and also , a Board member shall not hold the office of Vice Chairman for more than 'two consecutive years . The Planning Director or a member of his staff shall be the designated Secretary of the Board. In event of the Secretary' s Absence, the Planning Director shall appoint a member of his staff as a secretary designee . (AMENDED - 10/11/73) TENURE : The Chairman and Vice Chairman shall take office imme idid ately following their selection and shall hold office for a term of one year or until their successors are selected and assume office . (AMENDED - 10/11/73) RECORD: The Secretary of the Board shall keep the minutes of all Board meetings. These minutes shall contain the transactions, resolu- tions, and determinations of the Board and shall be a public record. APPLICATION DATE: All appeals for variance or exceptions from the regula- tions in the Zoning Ordinance must be filed in the office of the secretary not later than 21 days before the date of the meeting of the Board. NOTIFICATION: (Property Owners) Notice to Property Owners (as their names appear on the assessors records) , and occupants within a 300 foot radius of the subject property shall be mailed 14 days prior to the Board's meeting. And further that the notice indicate that the owner or mortgage holder notify the mortgagee. - BOARD ACTION: Action by the Board on any matter on which a hearing is helms shall not be taken until the hearing has been concluded. VOTING: Voting shall be recorded ,by verbal yeas & nays, unless otherwise ordered by the Chairman. DISQUALITIDNS: Any member of the Board of Appeals having a direct or indirectFICA financial interest in any matter before the Board, or who may stand to gain or lose financially or otherwise due to action of the Board on any matter, shall indicate such interest to the Board and be disqualified from voting on such matter, unless the consent of six members of the Board, not including the disqualified member, shall have been obtained. DECISION OF THE BOARD: The decision of the Board of Appeals shall be final , however, a person having an interest affected by the Zoning Ordinance may appeal to Circuit Court, or a person may file a new appeal . (AMENDED 4/12/79) NOTIFICATION OF DECISION: Applicants shall be notified in writing of the Board's decision following the meeting. AMENDMENTS (RULES OF PROCEDURE) : Amendments in the rules of procedure may be initiated by any member of the Board of Appeals at any regular meeting and voted upon at the next regular meeting. All Board members must be notified of such amendment by mail at least 5 days before the amendment is to be voted upon. The affirmative vote of six (6) members shall be required to amend the rules of procedure. RULES OF PROCEDURE - SUSPEND: It shall require the affirmative vote of six members of the Board to suspend the rules of procedures . PUBLICITY : All public releases regarding committee discussions and decisions reached at the Executive session of the Board of Zoning Appeals, or releases of any other information relating to the work of the Board of Zoning Appeals shall be made only by the Chairman , or with his approval by the Secretary. <y