Title
Resolution to Approve Revised Rules (Bylaws) of the Zoning Board of Appeals and Authorize the ZBA to Elect Its Own Chair
..Memorandum
The bylaws (called “rules” under the Michigan Zoning Enabling Act) have been reviewed by the City Attorney's Office and comport with the standard bylaws format consistent with Council Resolution R-08-496.
This resolution also authorizes the ZBA to elect its own chair. City Code 1:197 defines the Zoning Board of Appeals - part of which provides that “The Chairman of the board shall be designated by the City Council.” We believe this provision was based on prior practice whereby the City Council member appointed to the ZBA was typically made the chair.
In 2006, the Michigan Zoning Enabling Act was amended to prohibit a City Council member from being chair of the ZBA. Since then, the ZBA has elected a chair from among its members like other City boards. This resolution authorizes the ZBA to continue this method going forward.
Staff
Prepared by: Christopher Frost, Senior Assistant City Attorney
Body
Whereas, The Zoning Board of Appeals approved the attached rules (bylaws) at its June 22, 2022 meeting; and
Whereas, City Council has passed a resolution requiring all proposed bylaws of City boards and commissions to be approved by City Council;
RESOLVED, That City Council approves the attached rules of the Zoning Board of Appeals; and
RESOLVED, That City Council designates the ZBA to elect a chair from among its members according to its rules.