Rules and Procedures
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BOARD OF ADJUS'lMENT
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Rules and Procedures
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1. At tl) call of the Chairman, regular meetings will be held at 7 pm
on the ~e6Ra Wednesday of each month. The place will be the Mayor's
office or such other place as may be publicly announced. The Chairman
may also call Special Meetings, recess meetings, reconvene, or adjourn
meetings as required by time or circumstance.
2. Two unexcused absences are permitted. By signature below, members
agree that the third unexcused absence shall be cmsidered the member's
resignation that night, without further action by the City Council.
To be excused, members reed only call the Chairman or the City Clerk,
prior to the meeting, and notify that he or she will be unable to attend.
3. If Chairman and Vice-chairman are absent, three remaining members
may elect a Temporary Chairman to conduct meetings and hearings. At such
meetings or hearings, where only 3 menbers are pr'esent, anyone of them
may, upon stating his reasons, object to proceeding until 4 or 5 members
are present. In that case, the Temporary Chairman may recess the meeting
once, for a period no longer than the next regular meeting date, to allow
more members to attend. Thereupon the meeting or hearing shall proceed,
even though only 3 members are present.
4. Minutes of meetings will be subjedt to approval by the Board at the
next available meeting, subject to minutes being typed and ready in time.
The Chairman will, with anyassis:hance other members care to give, prepare
a memo-report to the City Council immediately following Public Hearings (within
a day or two) to summarize the actions, decisions and reasom for doing so,
for each case heard.
5. Board members agree that during their terms, theywill avoid public
statements or actions during or between hearings, that could compromise
the impartial and obje cti ve character of the Board, and prejudice a fair
hearing far present and potential cases. Any member of the Board can move
for the resignation, or proper removal, of a member engaging in such
activity. Three affirmative votes would be reeded to refer the issue
to the Council.
6. Witnesses and attorneys will address the Board directly. They will
not conduct discussions between themselves and the a udience during the
Hearing. Anyone making statements of fact, including the applicant and
his attorney, will be required to take an oath as to truthfulness.
7. Order and decorum will be maintained. Loud, disorderly, or disruptive
persons may be directed to leave by the Chairman. If they refuse to
comply, they will be escorted from the meeting by the proper police official.
8. In carrying out their responsibility to investigate cases that come
before the Board, members may, either singly or in groups, visit locations,
gather facts, and do any and a 11 things necessary to thoroughly inform
themselves of the case facts and background. No decisions will be made or
discussed on these occasions. Such discussion and decision shall be made
mlyat the Public Hearing and on the record. The City Attorney has confirmed
this as a proper procedure for the Board of Adjustments and that it is not
in any way a violation of tre "Sunshine Law."
9. All applicants and those speaking pro or Cal, are entitled to a fair,
calm and courteous Hearing. Order will be maintained so that the rights
of all concerned are protected. Board Memers will be courteous to the
audience, applicant and each other, and be tolerant of other points of view.
No member's vote shall be questioned by other Board Members. It is suggested,
hem ever , that the reasons for a member's decision be given at time of voting,
or later in a written memo for the record.
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10. No case'will be scheduled or advertised for Public Hearing until the
Chairman has examined the application and related documents for accuracy
and completeness and release it to the City Clerk. This is to prevent
premature setting of meetings tha t may not be possible or J%'oper under
the Ordinan ce .
11. All members are urged to read and study Ordinance 880 and amendments
so that each member will be versed in his or her duties and responsibilities,
and thus better able to protect the rights of all parties concerned.
(The City Attorney is requested to keep the Board members informed
of developments in the applicable law and court decisions that
affect the Board's responsibilities and procedures.)
12. Due to the unique nature of a Board of Adjustment, rules of procedure
are different fran a legislative or administrative group. Boards are
non-political, are considered quasi-judicial and function as part-jury,
part-judicial, part-investigative. They are responsible for weighing
and bilancing the rights of the applicant and the Community, under the
Zoning Ordinances. Each Beard member is equally entitled to speak. Each
may question witnesses, make statements, vote independently, investigate,
arrive at his or her own decision without influence from anyone. The order
in which roll call is taken, votes called for, or order of speaking, is
entirely irrelevant and of no significance. There is also no need fer
"motions, seconds am' calling of questionslt as used by other tyPes of
organizations. When all members finish sreaking, the Chairman will state
the matter being voted on and the roll call will be taken and vote recorded.
"I agree to these rules."
CD~ ~;epa--.a/
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Owen K. Millard, Chairman
Lou1.s Lupinek
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James Poland
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Neil Astingj
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Jerry Fenski
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W~B. Gl4~
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