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HomeMy WebLinkAboutBoardOfZoningAppeals_RulesOfProcedure-112069 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 the Public. 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 shall 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 three (3) consecutive regular meetings in any calendar year, it shall be the duty of the Chairman to confer with the mayor concerning any member who so absents himself. NOTIFICATION OF ABSENCE : Board members unable to attend the meeting shall notify the Secretary three (3) days prior to the meeting. QUORUM: A quorum of the Board of Appeals shall be six voting members . 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, and shall elect a Secretary, whose terms shall be for one year, with eligibility for re-election. RECORD: The Secretary of the Board shall keep the minutes of all Board meetings . These minutes shall contain the transac tions , resolutions , and determinations of the Board and shall be a public record. APPLICATION DATE : All appeals for variance or exceptions from the regulations 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 Boards 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 held 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. DISQUALIFICATIONS : Any member of the Board of Appeals having a direct or indirect. 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. NOTIFICATION OF DECISION : Applicants shall be notified in writing of the Boards 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. 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 Chairman Raymond C. Guernsey , Secretary 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 thia.�G�_ fa/da , oL/ �.� / 1969 Theo Fulton , Ci v 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 liilLES OF ADPI@RFlSTRATIiVE PRUCEDtlR1 OF THE HOARD OF APPEALS ` hai., Board of Appeals !;hall meet on th;: second Thursday of each month and at such, otter times, as : y be deemed necessary by the Chairmran of the Board, Ezample-� if there be no quorum the Berard shall ►nee.t again for a public hearirocq an;l anaka decisions at such tine when quorum shall be present, Ail rneet i ngs of the 3o>a rd of Appeals shall be open tt� the Public. A; quorc r of the Board of Appeals 5haV be six voting members Vic Board shall at the July meeting erect from amDng the 'voting members a Chi i rmsn and trice-Chairman, and shall elect a Secretary, whose terns shall be for one year, -with el ;gibi lity fig.)r re-election. The, Secretary of: the: beard shall keep the r3inut:es of all Board ,aeetings,. Thcse minutes shall ;onts i of the re-i%% l tlt ican i, and deter*ti not irr: of the 3oa rd arA shall be a pub p i s record.. Th function ,and duties of the Board of Appeals are prescribed in the City of Lan,sng Zoning Or-li nance.. Alt app=a l s for va ri anc:e ear exception f rani the regulations in the Zoning Ordinan:e must be filed ire office of the Secretary not later than sixteen (16 days before the date of the meeting of the Board. Notice oaf appeals mu&t be maiied to a 1 property owners within a �-adN,,s of 300 feet of the property in question, No-tice to property owners shall be ma" led as their ownerships appear on the Assessor's records, it is noted on the notice that the owner or wrtgage holder sh;EA 1 notify the mortgagee 4f the property variance. At least fourteen days notice before the mneetirog shall be given the property owner. The of t i rmat ve vote of s i x (6) members of the Board of Appea 1 s i s requi red v.:, grant a vair r ance or exception from the regulations in the Zc%n i ng Ordinance and the aff i rowt i ve Note of six me%bers of the Doard of Appeals is required on all cto her rr-att:er s Anv member of the Bob ir•d of Appeals hat. i r.g a direct or l nd i rect financial i me-est In :any matter l)afore .he lo,ar•d, e who '�@y traad 'to gain or lease financially vt.-herwise due to action :4 the nstrd or, any matter, !>hall 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. Amendments in the rules of procedure rviy be initiated 10y any member of the Board or Appeals at any regular meeting and ivoteci capon at the next regular meeting, A'i 1 Board members, must: be notified of such amendment by mail at least 5 days before the amendment is to be voted ulxtn, The affirmative vote of b members shall be required to arr►end the -rt.r l es c+f procedure. 8 t shall require the affirmative vote of six members oaf the Board to suspend the rules of prvc.edu res