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TO: Mayor Thomas J. Weisner
FROM: Stephane Phifer, Planning and Zoning Director
DATE: April 7, 2014
SUBJECT:
A Resolution Establishing New By-Laws for the Zoning Board of Appeals.
PURPOSE:
To establish new By-Laws for the Aurora Zoning Board of Appeals.
BACKGROUND:
The provisions and by-laws of the Zoning Board of Appeals have not been amended since 1969 and 1989 respectively and were in need of modernization and updating to better meet the needs of the City and the Zoning Board of Appeals.
DISCUSSION:
The Resolution attached includes By-Laws developed using the best practices from other similar City boards and councils for the Zoning Board of Appeals. The Zoning Board of Appeals may from time to time request amendments to these By-Laws subject to review and approval of the City Council.
IMPACT STATEMENT:
The Planning and Zoning Division would anticipate that the establishment of these By-Laws for the Zoning Board of Appeals will have a positive impact on the City's health, welfare, overall tax base and viability.
RECOMMENDATIONS:
Staff recommends approval of the Resolution Establishing the Zoning Board of Appeals By-Laws.
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
title
A Resolution Establishing New By-Laws For The Zoning Board of Appeals
body
WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the Zoning Board of Appeals is an appeals board that reviews zoning issues as prescribed in the Aurora Zoning Ordinance, including proposed variations from the zoning code, and appeals of decisions made by the Zoning Administrator.
WHEREAS, pursuant to the enabling ordinance the Zoning Board of Appeals shall adopt and promulgate such rules and regulations as may be necessary and proper to govern the conduct of the meetings and the business to be performed subject to approval by the City Council.
Whereas, the By-Laws of the Zoning Board of Appeals have not been amended since the 1980's, therefore new By-Laws as set forth in the attached Exhibit "A" were researched and best practices utilized in order to update these By-Laws.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aurora, Illinois, finds as facts all of the preamble recitals of this Resolution and hereby adopts the new By-Laws for the Zoning Board of Appeals as set forth in the attached Exhibit "A" .
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
____________________________ __________________________
Alderman Bohman, Ward 1 Alderman Garza, Ward 2
____________________________ __________________________
Alderman Mesiacos, Ward 3 Alderman Donnell, Ward 4
____________________________ __________________________
Alderman Peters, Ward 5 Alderman Saville, Ward 6
____________________________ __________________________
Alderman Hart-Burns, Ward 7 Alderman Mervine, Ward 8
____________________________ __________________________
Alderman Bugg, Ward 9 Alderman Johnson, Ward 10
____________________________ __________________________
Alderman Irvin, At Large Alderman O'Connor, At Large
ATTEST:
____________________________ __________________________
City Clerk Mayor
Legistar Number: 14-00290
ATTACHMENTS
Exhibit "A" Zoning Board of Appeals New By-Laws
EXHIBIT A
The City of Aurora Zoning Board of Appeals
By-Laws
Article 1 Authority and Purpose
Section 1. Authority
The Zoning Board of Appeals (hereinafter "ZBA") was established and is governed by Chapter 34, Article IV, entitled "Zoning Board of Appeals" of the Aurora Code of Ordinances.
Section 2. Purpose
The purpose of these By-Laws is to govern the conduct of the meetings and the business to be performed by the ZBA. A copy of these rules shall be filed with the city clerk.
Article 2 Officers
Section 1. Officer Composition
The officers of the ZBA shall consist of Chairman; Vice-Chairman, Secretary and Executive Secretary.
The Executive Secretary shall be established pursuant to the authorization ordinance referenced in Article 1 Section 2 herein. The Chairman and remaining officers shall be elected from the members of ZBA by majority vote of the full membership on an annual basis. An Annual meeting at which the ZBA will elect Officers shall be held after December 1st and in no case later than March 1st of each year.
Section 2. Vacancies
Any vacancy of Officers may be filled at any meeting by election after such vacancy occurs.
Section 3. The responsibilities of the Officers include, but are not limited to the following:
Chair:
Shall preside over all meetings of the ZBA.
Shall set the agenda at the direction of the ZBA.
Shall have general charge and supervision of the business and affairs of the ZBA.
Shall appoint all committees and establish additional committees as deemed necessary.
Shall serve as a liaison between the committees and the ZBA.
Shall call any special meetings as required.
Vice-Chair:
Shall act as assistant to the Chair.
Shall fulfill the duties of the Chair in the absence of the Chair.
Shall fulfill any additional duties as may be assigned.
Secretary:
Shall act as assistant to the Chair.
Shall fulfill the duties of the Chair in the absence of the Chair and Vice-Chair.
Shall attend meetings of committees and, when directed by the chairman of said committee, transcribe the minutes thereof.
Shall provide the planning and zoning division with a transcription of the committee minutes in a timely fashion for distribution to the ZBA prior to the next regular meeting.
Shall maintain an accurate listing of all committee members and contact information.
Shall record the attendance at all committee meetings.
Shall fulfill any additional duties as may be assigned.
Executive Secretary:
Shall attend all regular and special meetings of the ZBA and shall keep a record of same and transcribe said record properly for review and approval by the ZBA.
Shall record the attendance of the ZBA members at the meetings.
Shall send all notices of regular or special meetings.
Shall serve in an advisory capacity on all matters before the ZBA.
Shall maintain an accurate listing of all members' contact information and terms of office.
Shall have a copy of 'Roberts Rules of Order' available at all official ZBA meetings.
Section 4. In the event the Chairman, Vice-Chairman, or Secretary of the ZBA should be absent or unable for any reason to attend to the duties of the office, the members of the ZBA may at any regular meeting, or at any special meeting called for such purpose, elect a Chairman Pro tem, or other officer as the case may be, who shall attend to all duties of such officer until such officer shall return or be able to perform said duties.
Article 3 Meeting Details
Section 1. The official meetings of the ZBA are typically as follows:
Location: 2nd floor Council Chambers of City Hall (44 E. Downer Place)
Starting Time: 6pm
Duration: Meetings can last a little as 30 minutes or as long as 5 or 6 hours depending on the number or complexity of agenda items and the amount of public testimony.
Frequency: Regular meetings are held once a month on the Third Wednesday following the first Committee of the Whole meeting of the month; special meetings may also be called but would generally also take place on a Wednesday at the same starting time and location.
Section 2. Meetings may be canceled or the location or start time changed at the discretion of the Chairman and pursuant to the Open Meetings Act.
Article 4 Committees
Section 1. The following standing committees have been established pursuant to the authorization ordinance referenced in Article 1 Section 2 herein. Appointment to the committees shall be by the Chairman for one (1) year terms.
Amendment Committee:
The Amendment committee shall assist the City Staff in developing and proposing variance code amendments to the Planning Commission and City Council for consideration.
This Committee shall be made up of one member to act as chair and other volunteers from the ZBA members with a passion for reviewing and drafting zoning codes.
Section 2. Additional committees may be created at the direction of the Chair on an as needed basis for one (1) year terms. The duties of the committees shall be determined at the time of creation.
Section 3. Participation of the additional committees shall be limited to current ZBA members.
Article 5 Conduct of Business
Section 1. Roberts Rules
The current available edition of "Robert's Rules of Order" will be used during regular and special meetings except as modified by these By-Laws or by the authorization ordinance referenced in Article 1 Section 2 above.
Section 2. All regular and special meetings of the ZBA shall be open to the general public, and shall comply with the Open Meetings Act.
Section 3. Order of Business
The Order of Business shall generally be as follows:
Roll Call of Members
Minutes of the previous meeting
Business
Held
Adjournment
All revisions, substitutions, and additions to the order of the announced agenda shall be made by a consensus of the ZBA.
A motion shall be made and seconded with action being taken by roll call vote to dispense with any item on the Agenda.
Article 6 Adoption and Amendments
Section 1. Adoption of these By-Laws shall be by a majority of those members present.
Section 2. Amendments of these By-Laws shall be proposed at a regular meeting at least one (1) month prior to voting. Recommendation/Approval shall be by a majority vote of the members in attendance and subject to approval of the City Council.