(A) Establishment. The City Commission, exercising the authority of M.C.L.A. §§ 125.3101 through 125.3702 and M.C.L.A. §§ 125.3801 through 125.3885, as amended, hereby provides that a City Zoning Board of Appeals be established. Upon adoption of this chapter, the Zoning Board of Appeals established under the terms of the previous zoning ordinance shall remain in office, including all members thereof.
(B) Membership. The City Zoning Board of Appeals shall consist of five members. The first member of the Board of Appeals shall be a member of the City Planning Commission; two members shall be property owners within the city. An elected officer of the city may not serve as Chairperson of the Zoning Board of Appeals. An employee or contractor of the City Commission may not serve as a member or employee of the Zoning Board of Appeals. The City Commission shall have the power to remove members of the Board of Appeals for nonperformance of duty or misconduct in office upon written charges and after a public hearing.
(C) Terms of office. Terms of Zoning Board of Appeals members shall be for three years, except for members serving because of their membership on the Planning Commission or City Commission, whose terms shall be limited to the time they are members of said bodies and the period stated in the resolution appointing them. A successor shall be appointed not more than one month after the term for the preceding member has expired. All vacancies for unexpired terms shall be filled for the remainder of the term. Rotation of membership is encouraged.
(D) Rules of procedure. The Board of Appeals may adopt its own rules of procedure as may be necessary to conduct its meetings and carry out its function. The Board shall choose its Chairperson, and in the Chairperson’s absence, an acting Chair may be appointed.
(E) Meetings. Meetings shall be held at the call of the Chairperson and at such times as the Board of Appeals may determine. A simple majority of the membership of the Board of Appeals shall constitute a quorum and may conduct any items of business brought before the Board. All meetings of the Board shall be open to the public. The Board may declare any meeting, or part of any meeting, a study meeting to pursue matters of business with out comment or interruption from the public in attendance.
(F) Records. Minutes shall be recorded of all proceedings that shall contain evidence and dates relevant to every case considered together with the votes of the members and the final disposition of each case. Such minutes shall be filed in the office of the City Clerk and shall be public records.
(G) Decisions. The Zoning Board of Appeals shall return a decision upon each case within 30 days of the filing of a request or appeal unless a further time is agreed upon by the parties concerned. Any decision of the Zoning Board of Appeals shall not take effect until the expiration of five days after the date of said decision, unless the Board of Appeals certifies on the record that the decision must be given immediate effect for the preservation of property or personal rights.
(H) Majority vote. The concurring vote of a majority of the membership of the Zoning Board of Appeals shall be necessary to decide upon any issue brought before the Board. For example, if three members are present, out of a total of five members, all three must concur to pass a motion.
(I) Conflict of interest. A member of the Zoning Board of Appeals shall disqualify himself or herself from discussion and voting in which the member has a conflict of interest. Failure of a member to disqualify himself or herself from a vote in which the member has a conflict of interest shall constitute misconduct in office.
(J) Duties. The City Zoning Board of Appeals shall have the power to act on those matters where this chapter provides for an administrative review, interpretation or variance as defined in this section. The Board of Appeals shall not have the power to alter or change the zoning district classification of any property, or to make any change in the terms or intent of this chapter.
(1) Administrative review. The Board of Appeals shall hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the Zoning Administrator or by any other official administering or enforcing provisions of this chapter.
(2) Interpretation. The Board of Appeals shall have the power to interpret, upon request, the provisions of this chapter in such a way as to carry out the intent and purpose of this chapter.
(3) Variances. The Board of Appeals shall have the power to authorize variances from any quantifiable requirements of this chapter where practical difficulties or unnecessary hardships prevent carrying out the strict letter of this chapter. Creation of nonconforming lots is prohibited.
(Ord. passed 11-2-2005)