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HomeMy WebLinkAboutApr 1978 M BOARD OF ADJUSTMENT CITY OF CAPE CANAVERAL, FLORIDA 1 RULES OF PROCEDURE SECTION 1. There is hereby prescribed and adopted Rules of Procedure for the conduct of the meetings and business of the Board of Adjustment as follows: 4 SECTION 2. The term "Board" shall hereinafter be used to indicate the Board of Adjustment of the City of Cape Canaveral, Florida. k ' 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. 1 SECTION 4. Meetings shall be called to order at 7:30 p. m. 1 SECTION 5. Business may be conducted when a quorum of four (4) members is present. SECTION 6. Official action may be taken only when at least four (4) members are in agreement and cast identical votes. 1 SECTION 7. The Chairman shall conduct all meetings when he is present. The Vice Chairman shall conduct meetings when the Chairman is absent. The Board shall elect annually, at the first meeting in November a Chairman and Vice Chairman to serve for a period of one (1) year For the sole purpose of electing these officers, a concurring vote of three (3) members shall be required, Section 6 of this ordinance not withstanding. 1 SECTION 8. Members of the Press desiring notice of special meetings shall request the Board's Secretary to place their names on the list of those to be notified by telephone of all such meetings. SECTION 9. The Agenda for each meeting shall be posted at City Hall, a minimum of forty-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 organized by the 1 Chairman, or in his absence, by the Vice Chairman of the Board. 1 1 SECTION 10. Meetings will be held at the City Hall. Meeting procedure I shall follow the following outline: 1 o 1 (1) Call to order (2) Roll call (3) Approval of minutes of previous meeting (4) Action on special zoning requests (a) Description of case by Chairman (b) Verification of proper notification and advertisement by Board Secretary • (c) Public statements (administer oaths as deemed necessary by the Board (1) by proponents (name and address) (2) by objectors A (3) reading of all letters received by Secretary (d) Statement by Chairman of Board's options. These options will be: recommend approval, recommend disapproval, table for further investigation or consideration. (e) Questions by Board members and ex-officio members of the proponents and objectors. 1 t i 1 1 s • , 1 - r ' Pt (f) Deliberation and decision by Board (g) Summary of Board's recommendations. The Chairman F 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 J case is approved, disapproved or tabled. The Board's recommendation and summary shall be entered in the 3 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. I (5) Any other item on the agenda. , SECTION 11. In the event that any case is tabled 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 3 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. F C' SECTION 12. Additional items of business may be added to the Agenda by a duly made and seconded motion which received a majority vote of those present. 4 SECTION 13. Method of voting: voting on all matters shall be by roll call. The vote on special zoning request cases and administrative appeals shall be as outlined in Section 6 hereof. The vote on all matters a hall follow the discussion of a properly made and seconded motion. i SECTION 14. 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 15. 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. I SECTION 16. 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, I registered mail receipts, proof of publication, plans and/or sketches, records of date, and any other information or records relating to the activities of the Board shall be filed as a part of the records of the Board. g 1 SECTION 17. Attendance: Members of the Board shall not miss a meeting without the advance permission of the Chairman. The Chairman of the Board Y, shall not excuse a member from attending a meeting without just and F 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 18. 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 1 Zoning and Planning, 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 and failure to divulge any pecuniary interest in any matter F pending before it. Should any board member have a pecuniary or any special 1 interest in any matter pending before it, he shall divulge his interest to the Board. BOARD OF ADJUSTMENT — 2 — RULES OF PROCEDURE } ADOPTED AT 4-3-78 MEETING I SECTION 19. All requests for a special exception or variance shall be submitted in duplicate to the Chairman of the Board on the standard form entitled "Special Zoning Action Request Form", revised 1-30-78, a copy of which is attached hereto as Appendix "A" and made part of these Rules. SECTION 20. 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 21. Requests for special exceptions or variances shall be limited as stated in Ordinance No. 10-75, Section 645.28. SECTION 22. Procedure will be governed by Roberts' Rules of Order, latest edition, unless otherwise provided for in these Rules. SECTION 23. These Rules shall take effect immediately upon adoption by the Board of Adjustment of the City of Cape Canaveral, Florida. ADOPTED by the Board of Adjustment of the City of Cape Canaveral, Florida, this 3rd day of April, 1978. airman, : a'• o ;;•� stment Attest: \-)? ga-otAJL(,/ , r City Clerk ji y}i BOARD OF ADJUSTMENT RULES OF PROCEDURE ADOPTED AT 4-3-78 MEETING - 3 FILE COPY B City of Cape Canaveral 7. 105 POLK AVENUE • P.O.BOX 328 CAPE CANAVERAL,FLORIDA 32920 _ _ TELEPHONE 305 783-1100 CITY OF UR UMW. September 12, 1986 M E M O R A N D U M TO: Russ Lloyd, Chairman Board of Adjustment FROM: City Clerk RE: BOARD OF ADJUSTEMENT RULES OF PROCEDURE sx Attached is a copy of the Board of Adjustment' s Rules of Procedures for your review. Since there have been no amendments to these Procedures since 1978, there are probably some house cleaning things that need to be addressed. If you wish your Board to review these procedures, I would suggest it be done at your November meeting, in conjunction with Election of Officers. Please advise me if you wish to place this item on the agenda. If I can be of any assistance in this matter, do not hesitate to call. y, Janet S. Leeser City Clerk 1 /i c� ) t t°L-- f e.Le t, i �� BOARD OF ADJUSTMENT CITY OF CAPE CANAVERAL, FLORIDA RULES OF PROCEDURE SECTION 1. There is hereby prescribed and adopted Rules of Procedure for the conduct of the meetings and business of the Board of Adjustment as follows: SECTION 2. The term "Board" shall hereinafter be used to indicate the Board of Adjustment of the City of Cape Canaveral, Florida. 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. SECTION 5. Business may be conducted when a quorum of four (4) members is present. SECTION 6. Official action may be taken only when at least four (4) members are in agreement and cast identical votes. SECTION 7. The Chairman shall conduct all meetings when he is present. The Vice Chairman shall conduct meetings when the Chairman is absent. The Board shall elect annually, at the first meeting in November a Chairman and Vice Chairman to serve for a period of one (1) year. For the sole purpose of electing these officers, a concurring vote of three (3) members shall be required, Section 6 of this ord anc-e not withstanding. e>z froc ciur2 s SECTION 8. Members of the Press desiring notice of special meetings shall request the Board's Secretary to place their names on the list of those to be notified by telephone of all such meetings. SECTION 9. The Agenda for each meeting shall be posted at City Hall, a minimum of forty-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 organized by the Chairman, or in his absence, by the Vice Chairman of the Board. SECTION 10. Meetings will be held at the City Hall. Meeting procedure shall follow the following outline: (1) Call to order (2) Roll call (3) Approval of minutes of previous meeting (4) Action on special zoning requests (a) Description of case by Chairman (b) Verification of proper notification and advertisement by Board Secretary • (c) 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) Statement by Chairman of Board's options. These options will be: recommend approval, recommend disapproval, table for further investigation or consideration. (e) Questions by Board members and ex-officio members of the proponents and objectors. (f) Deliberation and decision by Board (g) 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 11. In the event that any case is tabled 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 12. Additional items of business may be added to the Agenda by a duly made and seconded motion which received a majority vote of those present. SECTION 13. Method of voting: voting on all matters shall be by roll call. The vote on special zoning request cases and administrative appeals shall be as outlined in Section 6 hereof. The vote on all matters a hall follow the • discussion of a properly made and seconded motion. SECTION 14. 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 15. 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 16. 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 activities of the Board shall be filed as a part of the records of the Board. SECTION 17. 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 mee ting. SECTION 18. 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 Zoning and Planning, 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 and 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 OF ADJUSTMENT - 2 - RULES OF PROCEDURE ADOPTED AT 4-3-78 MEETING SECTION 19. All requests for a special exception or variance shall be submitted in duplicate-to-the-Chairman of the Board on the standard form- " pecial..Zoning Action Request Form", revised 1-30-78, a copy of which.ihed hereto as Appendix "A" and made part of these Rules. O} tht_ S uv,ciord fort,. b ./ -1 J' SECTION 20. 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 21. Requests for special exceptions or variances shall be limited as stated in Ordinance No. 18=73, a-73 SECTION 22. Procedure will be governed by Roberts' Rules of Order, latest edition, unless otherwise provided for in these Rules. SECTION 23. These Rules shall take effect immediately upon adoption by the Board of Adjustment of the City of Cape Canaveral, Florida? a f pr o Let I ill COur`ei 1 ADOPTED by the Board of Adjustment of the City of Cape Canaveral, Florida, this 3rd day of April, 1978. 411, airman, :7,a±`• o =tment r Attest: City Clerk • • fi ti BOARD OF ADJUSTMENT RULES OF PROCEDURE ADOPTED AT 4-3-78 MEETING If - 3 -