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R-22-BZA-01VILLAGE OF DEERFIELD RESOLUTION NO. 2022- R-22-BZA-01 A RESOLUTION AMENDING THE RULES OF PROCEDURE FOR THE DEERFIELD BOARD OF ZONING APPEALS WHEREAS, the Village of Deerfield ("Village") is a home rule municipality in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and WHEREAS, the Village's Board of Zoning Appeals (`BZA') has previously adopted Rules of Procedure to govern the order and manner in which it conducts its meetings and public hearings; and WHEREAS, the BZA desires to amend its Rules of Procedure to keep its rules consistent with State law and to continue to provide for orderly and efficient meetings and public hearings; and WHEREAS, the BZA has determined that it will serve and be in the best interest of the Village and its residents to amend the Rules of Procedure in accordance with this Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE OF DEERFIELD APPEARANCE REVIEW COMMISSION, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the BZA. SECTION TWO: ADOPTION OF AMENDMENT. The BZA hereby amends and replaces its Rules and Procedures in their entirety with the Rules and Procedures attached to this Resolution in the form of Exhibit A, which are incorporated herein. SECTION THREE: EFFECTIVE DATE. This Resolution will be in full force and effect from and after its passage, approval, and publication in the manner provided by law. [SIGNATURE PAGE FOLLOWS] 100124727.11 AYES: Adams, Horne, Kessel, Kuczek, Kustusch NAYS: None ABSTAIN: None ABSENT: None PASSED: April 19, 2022 APPROVED: , 2022 RESOLUTION NO: R-22-BZA-01 ATTEST: Kent S 1 Street, Village Clerk {00124727.1} EXHIBIT A {00124727.1) RULES OF PROCEDURE OF THE DEERFIELD BOARD OF ZONING APPEALS ADOPTED April 19 , 2022 I. DEFINITIONS AND GENERAL PROVISIONS A. Definitions. The following terms shall have the following meanings when used in these Rules of Procedure: 1. "Applicant" means a person or entity presenting an Application to the BZA. 2. "Application" means an application for a variation or modification, an appeal from a decision of the zoning administrator or building official, or any other matter that is within the BZA's powers and duties to consider pursuant to Section 2-152 of the Village Code. 3. 'BZA" means the Board of Zoning Appeals of the Village. 4. "Case" means the consideration of an Application by the Board. 5. "Village" means the Village of Deerfield, Illinois. 6. "Village Board" means the President and Village Board of Trustees of the Village. 7. "Village Code" means "The Municipal Code of the Village of Deerfield, Illinois, 1975," as it has been and may be amended from time to time. 8. "Zoning Ordinance" means "The Deerfield Zoning Ordinance 1978", as it has been and may be amended from time to time. B. Tense and Form. Words used or defined in one tense or form shall include other tenses and derivative forms. C. Heading. Headings provided are intended as a convenience to the user. In case of any difference of meaning or implication between the text of these Rules and any heading, the text shall control. D. Conflicts. In the case of a conflict between these Rules and the codes and ordinances of the Village or the laws of the State of Illinois or the United States, such codes, ordinances and laws shall control. E. Amendments. A copy of any proposed amendment to these Rules shall be provided to all members of the BZA not less than three days prior to a vote on the adoption thereof. F Waiver. The chairperson may, upon good cause shown, waive any Rule that relates solely to the conduct of the BZA's meeting or hearing and is not mandated by Village codes or ordinances, or State law (00124684.31 Deerfield Zoning Board of Appeals Rules of Procedure Adopted April 19 , 2022 MEETINGS A. Open Meetings Act. All meetings of the BZA shall be scheduled and held, and notice thereof shall be given, in the manner provided in the Open Meetings Act, 5 ILCS 120/1 et seq. B. Regular Meetings. BZA meetings will be held on the third Tuesday of each month at 7:30 P.M. in the Village Hall or other advertised place, unless such day shall be a recognized holiday, for the purpose of holding public hearings and conducting other business. Any regular meeting may be canceled by the BZA if any case or matter is not ready to proceed, or if a quorum of the BZA is not available for a regular meeting. C. Special Meetings. The BZA may call and conduct such special or emergency meetings as it determines may be necessary from time to time. To the extent practicable, special meetings will be held on the first Tuesday of each month. D. Joint Meetings. The BZA shall participate in joint meetings with the Village Board, as they may be called by the Village Board from time to time. The BZA may also call and/or participate in joint meetings with other boards and commissions of the Village as may be necessary from time to time to perform their powers and duties. E. Worksho;)s. The BZA may hold such workshop sessions as it determines may be necessary from time to time. F. Notice of Absence. All members of the BZA shall notify the Staff Secretary, or the Staff Secretary's designee, if they are unable to attend any meeting of the BZA. Such notice shall be provided as far in advance as is practical under the circumstances. ORDER OF BUSINESS/AGENDAS A. Establishing the Aenda. The Chairperson shall establish the items to be included on the agenda for each meeting of the BZA. Each agenda shall be established in consultation with the Staff Secretary. In establishing each agenda, the Chairperson and Staff Secretary shall consider the number of pending Cases, the complexity of such Cases, and any applicable time constraints for the processing of such Cases; but in no event, without the prior consent of the Chairperson, shall more than five Applications or cases be placed on an agenda for a meeting. Q Order of Business. In general, the order of business for each agenda shall contain the following items in the following order: CALL TO ORDER Performed by the Chairperson or the temporary chairperson. {00124684.3} 2 Deerfield Zoning Board of Appeals Rules of Procedure Adopted April 19 , 2022 C 2. ROLL CALL Performed by the Staff Secretary or the Staff Secretary's designee. 3. CONSIDERATION OF MINUTES Consideration of any unapproved minutes of any previous BZA meetings. 4. PUBLIC COMMENT TIME Opportunity for members of the public to speak on topics not otherwise appearing on the meeting agenda. 5. PENDING CASES a. RECOMMENDATIONS AND DETERMINATIONS Consideration of BZA Cases (in numerical order) on which the BZA has previously directed the preparation of a recommendation or determination for consideration and for which the public hearing has been closed. b. CONTINUED CASES Consideration of BZA Cases (in numerical order) for which the public hearing or meeting has previously been convened and continued by the BZA, and on which substantive evidence has been heard by the BZA. C. NEW CASES Consideration of BZA Cases (in numerical order) for which no public hearing or meeting has previously been convened or on which no substantive evidence has been heard by the BZA. 6. OLD BUSINESS Consideration of any matters previously before the BZA. 7. NEW BUSINESS Consideration of any matters not previously before the BZA. 8. REPORT BY VILLAGE STAFF Report by the Staff Secretary, or the Staff Secretary's designee, of any activities or events of interest occurring since the last BZA meeting or anticipated, including Village Board action on BZA recommendations, actions of other boards and commissions on BZA Cases, related Village staff activities, and pending legislation. 9. ADJOURN Modification of Order of Business. The order of items on the agenda as distributed may be modified or rearranged by the Chairperson, for good cause shown, with the consent of the BZA. {00124684.3} 3 Deerfield Zoning Board of Appeals Rules of Procedure Adopted April 19 , 2022 D. Distribution of Agenda and Related Materials. The agenda for each BZA meeting and all relevant materials prepared by applicants or Village Staff shall be distributed to each BZA member by the Staff Secretary. IV. CONDUCT OF HEARINGS AND MEETINGS A. Robert's Rules of Order. Robert's Rules of Order Newly Revised, current edition, shall govern the conduct of meetings of the BZA. However, Robert's Rules of Order shall not govern where they conflict with these Rules of Procedure or other applicable law. B. Standards of Decorum. All BZA members and all others attending meetings of the BZA shall conduct themselves in a manner that shall not disrupt the business of the BZA. The use of cellular phones in the meeting room is prohibited. The Chairperson may indicate that persons who become personally abusive or in other ways violate ordinary standards of decorum will be ruled out of order. C. Public Comment and Participation Rules Governing Public Comment Time. a. The agenda of every regular and special meeting of the BZA shall include a reservation of time for public comment ("Public Comment Time"). b. Subject to Rule IV.C.1.d, the Chairperson shall recognize and allow to speak any person desiring to speak during Public Comment Time. C. Public Comment Time is in addition to, and does not replace, the opportunity for the public to speak during any duly convened public hearing or meeting conducted by the BZA on a specific case. d. If a person desires to speak during Public Comment Time about a matter or case that is the subject of its own agenda item at the same meeting, and public comment will be allowed during that agenda item whether by designation of the Chairperson or in the course of a duly convened public hearing, the Chairperson may require that person to speak about the matter during the agenda item instead of during Public Comment Time. If no public comment will be allowed during the specific agenda item, then the person will be allowed to speak about the matter during Public Comment Time. e. The total amount of time allocated for Public Comment Time at any meeting shall not exceed 30 minutes, unless determined otherwise by the Chairperson. In the event that all persons desiring to speak during the Public Comment Time are not able to do so within the time limit allowed, the Chairperson may either extend the time allocated for Public Comment Time, or allow for continuation of Public Comment Time after the completion of all {00124684.3} 4 Deerfield Zoning Board of Appeals Rules of Procedure Adopted April 19 , 2022 other matters on the agenda, or as the BZA may otherwise determine. f. No person shall speak during the Public Comment Time for more than three minutes, unless the Chairperson designates a longer or shorter time period. Generally, the longer or shorter time period will apply to all persons participating in the Public Comment Time at the same meeting. 2. Rules Governina All Public Comment. a. Each speaker should state their name and address in a clear manner so that it can be recorded in the minutes of the meeting. If a speaker chooses, they may decline to provide their address. b. If a speaker is representing, or speaking on behalf of, an individual, group, or association, the speaker must state the nature of that representation. C. For speakers desiring to use audio or visual equipment in connection with a presentation, arrangements for such use must be made with the Village in advance of the meeting. d. In the interest of promoting the efficient conduct of public business, speakers should refrain from repeating their own testimony and comments, and should refrain from repeating testimony and comments that have previously been provided to the BZA by other individuals. e. Speaker time limits may be enforced by the Chairperson f. No person should be discourteous, belligerent, threatening, disparaging, or otherwise uncivil. The Chairperson may limit the comments of any person who engages in this conduct. No person may continue to speak after the Chairperson has taken the floor from that person. g. All questions or statements from the floor should be directed to the Chairperson and the members of the BZA. All others may be ruled out of order. h. The Chairperson shall have the right to interrupt a speaker in order to enforce these Rules or other applicable rules. Interruptions and Other Disturbances: No person shall interrupt the proceedings of the BZA or cause any other form of disturbance or disruption. Any person violating the standards of process and decorum set forth in these Rules may be evicted from the premises of the meeting at the order of the Chairperson or {00124684.31 5 Deerfield Zoning Board of Appeals Rules of Procedure Adopted April 19 , 2022 a majority of the BZA, or be subject to other action as deemed necessary by the Chairperson and the BZA. k. Any person shall have the right at any time to provide written comments to the BZA by addressing those comments to: the Village of Deerfield, c/o Building and Code Enforcement Supervisor, 850 Waukegan Road, Deerfield, IL 60015, and delivering the comments via any of the following methods: by personal delivery at the front desk of the Village Hall between 8:30 a.m. and 4:30 p.m. Monday through Friday; by mail, courier, or any similar delivery service; or iii. by email to the email address(es) of the current staff member(s) for the BZA. D. Procedures for Public Hearings and Meetings. Public hearings and meetings on BZA Cases shall be conducted in accordance with the following general procedures: Introduction by the Chairperson. a. General. The Chairperson shall begin each public hearing or meeting on a case by announcing the name of the applicant, the case number(s) and the relief requested in each case. The Chairperson shall explain the procedures for the conduct of the hearing or meeting, when oral testimony from the public will be received and when and to whom written testimony can also be submitted. b. Swearing In Witnesses. The Chairperson shall administer an oath to all persons intending to testify during the course of the hearing, whether for the applicant or from the public. 2. Summary of Application. The Staff Secretary, or the Staff Secretary's designee, shall explain, in summary form, the basic facts of, and relief requested in, the Application. This summary may include relevant prior history of the property or code provisions involved. 3. Ap;:licant's Presentation. The applicant shall present the Application in such form and with testimony of witnesses and other evidence as it deems desirable. During the applicant's presentation, BZA members, but not the public, may ask questions that may be necessary to aid the BZA or the public in understanding the material being presented. The Chairperson may set a time limit for the applicant's presentation. 4 Questions by the BZA. At the conclusion of the applicant's presentation, BZA members may ask such questions of the applicant's witnesses as 100124684.31 6 Deerfield Zoning Board of Appeals Rules of Procedure Adopted April 19 , 2022 may be necessary to clarify material presented or the relief requested. 5. Public Testimony and Comment on BZA Cases. Members of the public who are present shall have the right to address to the BZA their questions, testimony, evidence and comments about the relief requested and the evidence presented by the applicant and other members of the public in accordance with the following rules. a. At the start of the period for public testimony and comment on a BZA Case, the Chairperson shall advise the public that all information presented is under oath. b. Each speaker must state their name in a clear manner so that it can be recorded in the minutes of the meeting. C. Unless the Chairperson determines another time limit is appropriate, at each BZA meeting at which public testimony is to be heard on a specific Planned Development Case, each speaker shall be limited to three minutes to provide their testimony. The Chairperson may enforce the speaker time limits. d. If a speaker is representing, or speaking on behalf of, an individual, group, or association, the speaker must state the nature of that representation. At the discretion of the Chairperson, such a speaker may be granted more than three minutes to speak. e. For speakers desiring to use audio or visual equipment in connection with a presentation, arrangements for such use must be made with the Village in advance of the meeting. f. In the interest of promoting the efficient conduct of public business, speakers should refrain from repeating their own testimony and comments, and should refrain from repeating testimony and comments that have previously been provided to the BZA by others. g. The Chairperson shall allow each speaker to speak one time only, unless the Chairperson determines that allowing a speaker to address the BZA again will contribute new testimony or other evidence. No person may be discourteous, belligerent, impertinent, threatening, disparaging, or otherwise uncivil. The Chairperson may limit the comments of any person who engages in this conduct. No person may continue to speak after the Chairperson has taken the floor from that person. All questions or statements from the public must be directed to the Chairperson and the BZA members. The Chairperson shall determine the manner in which responses to questions or statements from the public will be handled. In general, following the conclusion of all public participation, the Chairperson shall {00124684.3) 7 Deerfield Zoning Board of Appeals Rules of Procedure Adopted April 19 , 2022 direct the questions from the public to the applicant in an orderly and consolidated manner for response. After general public testimony and comment, the Chairperson will open the floor to cross examination for those individuals that request the right to cross examine by entering their names on a sign in sheet for interested parties that has been made available by the Village Staff (see Appendix A). The Chairperson shall have the responsibility to enforce proper decorum. Questions must be relevant to the subject matter as determined by the Chairperson. Individuals that enter their names on the sign in sheet for interested parties will be given an opportunity to cross examine the petitioner, Village Staff or others. The Chairperson may require some type of preliminary statement of the nature of the evidence proposed to be elicited from the witness. k. The Chairperson shall have the right to interrupt a speaker in order to enforce these Rules or other applicable rules. 6. Response by the Applicant. The Chairperson shall allow the applicant a reasonable time to respond to the public testimony and comments presented. 7. BZA Discussion and Deliberation. Following public testimony and comment and the applicant's response, the BZA may discuss, in an orderly fashion, the Application and all material presented. No further public testimony or comment nor further applicant information may be presented without permission of the Chairperson. During this discussion, members of the BZA may ask the Chairperson to direct additional questions to the witnesses for the applicant or members of the public who testified. Witnesses for the applicant or members of the public may not address the BZA during this portion of the meeting without the consent of the Chairperson. 8. BZA Action. a. Based on the BZA's discussions, the BZA may (i) act on a recommendation on the Application; (ii) where the BZA has recommending authority on an Application, direct the Village Staff and Village Attorney to prepare a draft recommendation for consideration at a subsequent meeting; (iii) direct the applicant, Village Staff and/or Village Attorney to provide new or additional information in connection with the Application; (iv) enter a final determination where the BZA has final authority to act on an Application; or (v) take such other action as may be permitted by law. b. Prior to consideration of any other item of business, the BZA shall consider whether a public hearing should be reopened for future consideration of public testimony and comment. {00124684.3) 8 Deerfield Zoning Board of Appeals Rules of Procedure Adopted April 19 2022 9. Continuances. E. Voting. a. Any applicant may request and shall be granted one continuance of a public hearing on an Application. If an applicant fails to appear at a scheduled hearing without giving prior notice to the Staff Secretary, the hearing may be continued. Any further requests for continuance by the applicant shall be subject to the approval of the BZA for good cause shown. b. If, during the course of a meeting, it becomes apparent that the BZA cannot conclude an agenda item before 10:00 P.M., those items may be continued to the next available BZA meeting. On Applications. The BZA shall vote to make a decision on an Application only with a written recommendation before it where the applicable code or ordinance requires such a written recommendation. A concurring vote of four members of the BZA shall be necessary to: (i) reverse any order, requirement, decision, or determination of the Director of Community Development or any administrative official of the Village charged with the enforcement of the Zoning Ordinance or Chapter 6 of the Village Code; or (ii) to recommend any variation or modification to the Village Board. A roll call vote shall be taken on all decisions regarding a case before the BZA. Members absent from any portion of a hearing on an Application should not vote on the matter unless they first reviewed the entire record of such missed portion of the hearing and have fully informed themselves of the essential facts and issues of the matter being heard so as to be able to cast an informed and independent vote. 2. On Other Matters. Except as required by Paragraph 1 above, the BZA may take such other action to conduct its business without a written recommendation before it. In such cases, the vote required to approve such an action shall be a majority of those present, unless another vote is specifically required. VI. TRANSMITTAL OF BZA DECISIONS A. Transmittal. The Staff Secretary shall promptly transmit any resolution or other recommendation of the BZA to the Village Board, the record of proceedings before the BZA, and any additional materials received by the Village after BZA action is taken; provided, however, that where the BZA possess final authority over an Application, the Staff Secretary shall promptly transmit only the resolution of the BZA to the Village Board. In addition, the Staff Secretary shall identify any changes in the materials submitted to the BZA that are made following the BZA action, as well as any change in circumstances affecting the matter between BZA action and transmittal to the Village Board. {00124684.3) 9 Deerfield Zoning Board of Appeals Rules of Procedure Adopted April 19 , 2022 B. Representation at Villa a Board Meetings. A member of the BZA may attend meetings of the Village Board where recommendations of the BZA are on the agenda for consideration. This responsibility shall rest with the Chairperson or the Chairperson's designee, and the member presenting the opinion should agree with the majority. {00124684.3) 10