(a) The Zoning Board of Appeals shall perform its duties and exercise its powers as provided in Act No. 110 of the Public Acts of 2006, as amended, and in such a way that the objectives of this Zoning Code shall be observed, public safety secured, and substantial justice done. Pursuant to Act No. 110 of the Public Acts of 2006, as amended, the Zoning Board of Appeals shall consist of five (5) members appointed by the CEO with Council concurrence, one (1) of whom shall be a member of the Planning Commission with appointment coinciding with Planning Commission term, and one (1) of whom that, if desired, may be a member of the City Council with appointment coinciding with City Council term.
(b) Appointments for each member shall be for a three (3) year term. When members are first appointed, the appointments may be for less than three (3) years to provide for staggered terms. A successor shall be appointed not more than one (1) month after the term of the preceding member has expired. Vacancies for unexpired terms shall be filled for the remainder of the term. An employee or contractor of the City may not serve as a member of the Zoning Board of Appeals. The compensation of the appointed members of the Zoning Board of Appeals may be fixed by the City Council.
(c) The CEO with Council concurrence may appoint to the Zoning Board of Appeals two (2) alternate members who shall have the same voting rights as a regular member of the Zoning Board of Appeals. Each alternate member shall be appointed to a full three-year term. These alternate members may be called to sit as regular members of the Zoning Board of Appeals by the Chair of the Zoning Board of Appeals or a designated representative in the following instances:
(1) If a regular member is absent or unable to attend one (1) or more meetings.
(2) If a regular member has abstained from voting or has notified the Chair of the Zoning Board of Appeals the intention to abstain from voting by reason of a conflict of interest. In such case the alternate member shall serve until a final decision has been made.
(d) A member of the Zoning Board of Appeals may be removed by City Council for misfeasance, malfeasance, or nonfeasance in office upon written charges and after public hearing. A member shall disqualify himself or herself from a vote 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 constitutes malfeasance in office.
(Res. 2007-02. Passed 7-11-07; Ord. 2009-04. Passed 6-22-09.)