BMZA Rule Resolution 2020-001: Virtual Public Hearings, May 5, 2020
"HEREINAFTER, public hearings of the Board of Municipal & Zoning Appeals will be conducted using an appropriate web-based platform at the scheduling and the discretion of the Director with the express purpose of providing a forum for public hearings while maintaining due process standards in accordance with state and local law. Public hearings will include web-based participation and a telephone access call-in feature so that participants and the general public may fully observe and fully participate in the public hearing in full compliance with the Open Meetings Act, and all state and local laws. Board members, participants, and all interested persons who attend the virtual hearing by web platform or by telephone will be deemed physically present for all purposes under the law. Board members, participants, and all interested persons who attend the virtual hearing by web platform or by telephone will be deemed as appearing "in person" for all purposes under the law. Notice of virtual hearings will continue to be provided sufficient under current law. This resolution is effective immediately and with continue in full force and effect until 30 days after the rescinding of any state of emergency."
BMZA Rule Resolution 2020-002: 10-day callback (reconsideration), May 5, 2020
"HEREINAFTER, for the purpose of providing a procedural safeguard to ensure due process of law and to mitigate any public access impediments to attending virtual BMZA public hearings, the Director has proposed the implementation of a 10-day call-back period in which any member of the general public having legal standing to challenge the authorization or denial of a zoning appeal may make written request to the Board within 10 calendar days after a public hearing. Requests under this rule are limited to procedural challenges of the procedures utilized during public virtual hearings. Requests under this rule are limited to members of the public who were unable to attend a virtual hearing due to technical inability or unavailability or lack of notice. Requests will be reviewed within 5 calendar days and will automatically trigger BMZA Rule G, Reconsideration and Clarification."