Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Board Governance Bylaws topic
No spam. Unsubscribe anytime.
Zoning board discusses proposed bylaw changes including board size and rehearing rules
Summary
Members reviewed proposed changes to ZBA bylaws: renaming rules to bylaws, expanding membership from six to seven, clarifying voting thresholds, and removing rehearing language that the courts have found exceeds statutory authority.
At the end of the meeting the Zoning Board of Appeals reviewed several proposed amendments to its rules of procedure (proposed bylaws), including renaming the document to “bylaws,” expanding the regular membership from six to seven, clarifying that four affirmative votes are required to carry a variance, and removing a provision for rehearing or reconsideration.
Planning staff and the city attorney’s office explained the changes. Staff said moving to seven members avoids tie votes and aligns with common practice in peer communities; clarifying the number of affirmative votes removes ambiguity when fewer than a full board is present. City counsel advised removing the rehearing/reconsideration language because state law and court precedents limit a zoning board’s authority to rehear or reverse its earlier decisions; keeping such a rehearing provision in the bylaws risks legal challenge.
Board members discussed timing and the desire to have a full complement of members present when any formal vote on bylaws occurs; several suggested tabling a final vote until additional members can attend. No formal vote to adopt the bylaw changes was taken at this meeting.
