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HomeMy WebLinkAboutJan 1987( J BOARD OF ADJUSTMENT FILE COPY CITY OF CAPE CANAVERAL, FLORIDA E RULES OF PROCEDURE SECTION 1. There is hereby prescribed and adopted Rules of Procedure for the conduct of the meetings and business of the Zoning Board of Adjustment as follows: SECTION 2. The term 'Board" shall hereinafter be used to indicate the Zoning Board of Adjustment of the City of Cape Canaveral, Florida. i 8 SECTION 3. Meetings of the Board shall be held at the call of the Chairman and at such ) , times as the Board may determine. Minutes of all meetings shall be taken and submitted ( at the next scheduled meeting for approval. SECTION 4. Meetings shall be called to order at 7:30 p.m. i y SECTION 5. Business may be conducted when a quorum of four (4) members is present. 1 g SECTION 6. The Chairman shall conduct all meetings when he is present. The Vice Chairman i shall conduct meetings when the Chairman is absent. The Board shall elect annually, at the first meeting after November first, a Chairman and Vice Chairman to serve for a period of one (1) year. 3 SECTION 7. The Agenda for each meeting shall be posted at City Hall, a minimum of forty- 1 eight (48) hours before meeting time The Agenda is to be written and shall include all properly submitted requests for special zoning action and other items scheduled for action or discussion in the normal conduct of the affairs of the Board. The Agenda is to be I organized by the Chairman, or in his absence, by the Vice Chairman of the Board. i i SECTION 8. Meetings will be held at the City Hall. Meeting procedure shall follow the i following outline: 1 1 (1) Call to order i (2) Roll call i 1 (3) Approval of minutes of previous meeting I (4) Action on special zoning requests (a) Official action may only be taken when at least four (4) members are in agreement and cast identical votes. 1 i (b) Description of case by Chairman (c) Verification of proper notification and advertisement by the Board Secretary (d) Public Statements (administer oaths as deemed necessary by the Board) (1) by proponents (name and address) (2) by objectors (3) reading of all letters received by Secretary d i BOARD OF ADJUSTMENT I i RULES OF PROCEDURE PAGE 1 OF 3 PAGES 1 J 1 i i I d (e) Statement by Chairman of Board's options. These options will be recom- t mend approval, recommend disapproval, table for further investigation or consideration. (f) Questions by Board members of the proponents and objectors. (g) Deliberation and decision by Board (h) Summary of Board's recommendations. The Chairman with the Board's assistance shall briefly summarize for the record the Board's reasoning and philosophy leading to the final action. This summary will be made if the case is approved, disapproved or tabled. The Board's recommendation and summary shall be entered in the appropriate space on the special zoning action request form. A copy of this form with the Board's action shall be posted in the City Hall prior to 10:00 a.m. the day following the meeting. (5) Any other item on the agenda. SECTION 9. In the event that any case is postponed for any reason, the case shall then automatically become a part of the Agenda of the continued meeting of the Board and all subsequent meetings thereafter until a decision on the case is made. Time and date of the continued meeting to be established by the Board. The Board shall consider action upon any request for variance or special exception within sixty (60) days or sooner from the time the Zoning and Planning Board has acted upon the case. SECTION 10. Administrative items of business may be added to the Agenda by a duly made and seconded motion which received a majority vote of those present. 1 SECTION 11. Method of voting: voting on special zoning request cases and administrative appeals shall be by roll call. Approval of minutes and motions to adjourn shall be by voice vote. The vote on all matters shall follow the discussion of a properly made and seconded motion. SECTION 12. The Board's Secretary shall transmit or make available a copy of the minutes of all meetings to all members of the Board, the Council and ex-officio members of the Board within one (1) week after the meeting. SECTION 13. The Board shall hear all requests properly submitted according to the Rules and Procedures as hereby adopted and attend to other duties as specified by the Charter and Ordinances of the City. SECTION 14. Attendance and voting records, minutes of meetings, a complete file of all posted agenda, action of the Board, all requests, special zoning action request forms, notices, answers to notices, correspondence, registered mail receipts, proof of publication, plans and/or sketches, records of date, and any other information or records relating to the activi- ties of the Board shall be filed as part of the records of the Board. 1 1 BOARD OF ADJUSTMENT RULES OF PROCEDURE PAGE 2 OF 3 PAGES 1 4 1 SECTION 15. Attendance: Members of the Board shall not miss a meeting without the advance permission of the Chairman. The Chairman of the Board shall not excuse a member from attending a meeting without just and sufficient cause. Such cause shall be related to the other members at the meeting where said member is absent and made a part of the } minutes of said meeting. SECTION 16. Conduct: The Chairman of the Board shall report any misconduct in office or neglect of duty by its members to the Councilperson in charge of this Board, who shall report same to the City Council. Misconduct shall include the acceptance of gifts, gratuities, or service intended to influence the member's consideration, vote or action upon any Board action. Neglect of duty shall include unauthorized absenteeism of two consecutive regular meetings or failure to divulge any pecuniary interest in any matter pending before it Should any board member have a pecuniary or any special interest in any matter pending before it, he shall divulge his interest to the Board. Board members should be aware of Chapter 112, Conflict of Interest and Government in the Sunshine. SECTION 17. All requests for a special exception, variance or administrative appeal shall ° be submitted on the standard forms provided by the City. SECTION 18. All actions of the Board and the Board's Secretary shall be in conformance to and as prescribed by the Charter and Ordinance or amendments thereto, of the City. SECTION 19. Procedure will be governed by Roberts' Rules of Order, latest edition, unless otherwise provided for in these Rules. SECTION 20. These Rules shall take effect immediately upon adoption by the Zoning Board of Adjustment with the approval by City Council of the City of Cape Canaveral, Florida. ADOPTED by the Zoning Board of Adjustment of the City of Cape Canaveral, Florida, this /,2 day of 9,0.04, a , 198,;. U Chairman, , Board of Adjustment Secretary BOARD OF ADJUSTMENT RULES OF PROCEDURE PAGE 3 OF 3 PAGES 4 1 1 1 . 1 4 MT rn' 1 RESOLUTION NO 87-2 A RESOLUTION APPROVING THE RULES OF PROCEDURE OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL; PROVIDING AN EFFECTIVE DATE. I BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: The Rules of Procedure of the Zoning 1. 4 Board of Adjustment of the City of Cape Canaveral, Florida, which are attached hereto and by this reference made a part hereof, are hereby adopted and approved. ISECTION 2. This Resolution shall become effective 1 immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, on this 20th day of January , 1987. i 1 / , / 1 / Mayor ATTEST: NAME YES NO i aetta.e.,/ _ HOOO ]{ ty Clerk KIOD ]{ 1 LEE X Approved as to Form: - MARCHETTI X NICHOLAS ,X 1 2......jjibik ity At I i i i I 1 A i 1 1 I