The Kalamazoo Zoning Board of Appeals voted 4-1 on Aug. 14 to adopt revised bylaws that rename the board’s existing "rules of procedure," expand membership from six to seven, require a minimum of four affirmative votes to approve a variance or other request, and remove sections granting the board authority to rehear or reconsider decisions.

The change takes effect on the date of approval, after the board completed a roll call and formal vote. The motion to approve the revisions was moved by Alan and seconded by Tony; board members McReynolds, Sylvester, Poehler and Werk voted yes and Vanden Humber voted no.

The revisions follow legal advice from the city attorney’s office. Attorney Baer, the city attorney’s office liaison to the ZBA, told the board that case law and the Michigan Zoning Enabling Act do not provide explicit authority for a ZBA to rehear or reconsider a decision unless that authority is granted by statute or a local ordinance. "If there is not a specific provision in a statute or ordinance giving you that authority, the ZBA does not have that authority," Baer said, adding a rehearing or reconsideration could be reversed in circuit court if challenged.

Members debated fairness and process before the vote. Board member Beth (last name not specified in the record) said she was concerned about removing the section because reconsideration has been a rare but available remedy since at least 2017; she quoted the Michigan Zoning Enabling Act language she read that indicated local ordinance provisions could allow reconsideration within a 10-day window. "I'm concerned about taking all of what I'm understanding of, article 8 away," Beth said.

Other members said the change would reduce legal risk and confusion. One board member noted that different members and alternates attend different meetings, and allowing reconsideration could mean a different board composition would review the same application, which that member called unfair. The board discussed alternative procedural options such as tabling a matter to the next meeting when members want more time; staff and board members confirmed the board already has the authority to table items by motion.

The adopted language also clarifies the mechanics of appeals: Baer said decisions are final when made, and the appeal period is governed by the statute’s filing windows (for example, 30 days after a signed decision letter or 21 days after minutes are approved), but that timing does not itself grant the board authority to rehear a matter.

In addition to the bylaw revisions, the board approved the July meeting minutes by voice vote during the same session.

The agenda had initially included a public hearing for a proposed project at 1900 Belford Street, but staff informed the board earlier that the applicant, Edison Community Partners, asked to postpone that hearing while it revisits the percentage of natural materials proposed for three buildings on the site; that hearing is expected to return to the ZBA on Sept. 11.