HomeMy WebLinkAboutBOARD OF ZONING ADJUSTMENTRESOLUTION NO. 42 -98
A RESOLUTION OF THE BOARD OF
ZONING ADJUSTMENT OF THE CITY OF
BAKERSFIELD ADOPTING BY -LAWS.
WHEREAS, it was necessary for the Board of Zoning Adjustment update and
adopt new by -laws to reflect current procedures, and meet applicable local and state
laws concerning public meetings and review of environmental documents according to
the California Environmental Quality Act (CEQA).
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Adjustment that
By -Laws be adopted to read as follows-
Rules and Regulations of the
Bakersfield Board of Zoning Adjustment
ARTICLE 1.
Officers
A. Officer. The officer of the Board of Zoning Adjustment shall be a
Chairperson.
B. Selection of Chairperson. The Board, at its first regular meeting in
January, shall elect a Chairperson whose term of office shall commence at the next
regular meeting and shall continue until his or her successor is elected. Should the
position be vacated, the Board shall elect a successor to serve the balance of the year.
C. Duties of Chairperson. The Chairperson's duties shall include the
following-
1. Presiding at all meetings and hearings.
2. Calling special meetings of the Board according to these By -Laws.
3. Seeing that all actions of the Board are properly taken.
4. Signing official documents of the Board.
D. Absence of Chairperson. During any absence or disqualification of the
Chairperson, the Board shall elect a Chairperson pro tem.
BZA BY -LAWS RESOLUTION
June 9, 1998
Page 1 of 6
ARTICLE 2.
Meetings.
A. Regular Meetings. Regular meeting dates are hereby set for the second
Tuesdays of each month at 3.00 p.m. in the Council Chambers of the Bakersfield City
Hall, 1501 Truxtun Avenue, Bakersfield, California.
B. Adjourned Meetings. The Board may adjourn any regular, adjourned
regular, special or adjourned special meeting to a specified date, time and location.
Notice of the resulting adjourned meeting shall be given (or waived) as required in
Section 54955 of the California Government Code. In the event of the lack of a quorum
at any regular meeting, the Chairperson, the Chairperson pro tem or a staff member of
the Planning Department, in that order, shall adjourn the meeting to the next regularly
scheduled meeting of the Board.
C. Special Meetings. A special meeting may be called at any time by the
Chairperson or by staff following at least twenty -four (24) hours notice to each Board
member. Notice of any special meeting shall satisfy the requirements of Section 54956
of the California Government Code (or shall be waived as provided therein) and the
business transacted at such meeting shall be limited to that specified in the call and
notice.
ARTICLE 3.
Order of Business for Meetings
A. The usual order of business for meetings shall be as follows-
1. Roll call.
2. Public Statements.
3. Approval of minutes of previous meeting(s).
4. Public Hearings.
a. Conditional use permits
b. Modifications
5. Communications.
6. Board comments.
7. Adjournment.
B. The Board may alter the order of business at its discretion for its own or
the public's convenience.
BZA BY -LAWS RESOLUTION
June 9, 1998
Page 2 of 6
ARTICLE 4.
Quorum
Two members of the Board qualified to vote shall constitute a quorum for the
transaction of business, and the vote of a majority of the quorum shall determine the act
or decision of the Board, except where a different vote is required by law.
ARTICLE 5.
Rules of Order
Robert's Rules of Order, current edition, are hereby adopted to govern the
conduct of Board meetings in all cases not otherwise provided for in these By -Laws.
Motions shall not, however, require seconds.
ARTICLE 6.
Hearing Procedure
The procedure for public hearings shall generally conform to the following
outline-
A. The Chairperson shall announce the subject of the hearing and ask for
the staff report. The staff report and recommendations, if any, shall be
presented and shall be a part of the record of the hearing.
B. The Board may vote to establish time limits for proponents and opponents
as necessary for the orderly and timely conduct of the public hearing. The
Chairperson shall ask whether there is any person wishing to speak in
opposition to the application. After all such persons have had an
opportunity to address the Board and respond to questions asked by
Board members, the Chairperson shall afford the same opportunity to any
persons in favor of the application or appeal.
C. The Chairperson shall ask the applicant or his or her representative to
come forward. The applicant must appear, either in person or by
representative, at any hearing concerning his or her application. Should
the applicant or his or her representative not so appear, review of the
application may continue, or it may be deemed withdrawn at the discretion
of the Board.
BZA BY -LAWS RESOLUTION
June 9, 1998
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D. Board members shall be given an opportunity to ask questions of the
applicant, persons in opposition to or in favor of the application or appeal,
and staff. The Board may ask questions of staff or the public during the
public portion of the hearing that aid in the presentation or clarification of
issues germane to the case as presented by staff, the public or other
Board members. Debate regarding the merits of the response or
presentations shall occur only as provided in subsection E.
E. The Chairperson shall close the public hearing. Following the close of the
public hearing, debate among the Board may begin.
F. The Board shall render a decision after deliberation during the public
meeting. The motion containing the decision of the Board may be
amended during the course of debate without prior approval of the maker
of the main motion and prior to the motion being placed before the Board
for a vote. After the motion has been placed before the Board, the
amended motion must be approved by a vote of the Board and then
becomes the main motion unless further amended. Subsequent
amendments replace the previous amendment and become the main
motion.
G. The Board may elect to continue the matter under consideration to the
date of the following or any following regular or special meeting of the
Board and shall continue the public hearing to such date if additional
testimony is to be received on the matter.
H. Any relevant information may be considered by the Board,
notwithstanding any rule of evidence.
Upon its own motion or upon the request of any party, witnesses at a
hearing may be sworn. The Chairperson shall administer the oath as
follows-
"Do you affirm that the testimony you are about to
give in this matter pending before this Board is true
and correct to the best of your knowledge ?"
Only upon giving an affirmative reply may a witness proceed to testify
J. If a Board member is not present during the entirety of any public hearing,
he or she may vote or participate in the debate only if he or she has
reviewed the public hearing record of such testimony and states that he or
she has done so on the record prior to participating.
BZA BY -LAWS RESOLUTION
June 9, 1998
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ARTICLE 7.
Reconsideration
Reconsideration of any decision of the Board may occur when evidence is
presented, to the satisfaction of the Chairperson, that without fault of the party seeking
reconsideration, essential facts were not brought to the attention of the Board.
However, no decision rendered after a public hearing shall be reconsidered once the
following agenda matter has been called. Nothing herein shall preclude reconsideration
of a decision previously denied upon a new application and noticed hearing, except as
prohibited by the Bakersfield Municipal Code.
ARTICLE 8.
These By -Laws may be amended at any time, provided that not less than five (5)
days notice of any proposed amendment has been given to each Boardmember.
BZA BY -LAWS RESOLUTION
June 9, 1998
EMEE106TITOM
Page 5 of 6
On a motion by Board member Sherfy, the Board of Zoning Adjustment approved
the foregoing resolution by the following roll call vote:
AYE-111.- Sherfy, Leonard
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
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Robert Sherfy, Chairpersor�/,,�,
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