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File #: 22-1458    Version: 1 Name: 9/6/22 Resolution to Approve Revised Bylaws of the ZBA
Type: Resolution Status: Passed
File created: 9/6/2022 In control: City Council
On agenda: 9/6/2022 Final action: 9/6/2022
Enactment date: 9/6/2022 Enactment #: R-22-291
Title: Resolution to Approve Revised Rules (Bylaws) of the Zoning Board of Appeals and Authorize the ZBA to Elect Its Own Chair
Attachments: 1. ZBA Rules -DRAFT 6-21-22.pdf

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.