(A) There is hereby established a Board of Appeals, which shall perform its duties and exercise its power as provided in the Michigan Zoning Enabling Act, Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 et seq., as amended, and in such a way that the objectives of this subchapter shall be served, public safety served, and substantial justice done.
(B) (1) (a) The Board of Appeals shall consist of seven members, each to be appointed for a term of three years. The terms of the seven members shall be staggered in such manner so as to provide for the appointment of no less than one, nor more than three members each year. One member may be a member of the Village Council and one member shall be a member of the Planning Commission and/or Zoning Commission, as required. In the event a member of the Board of Appeals is elected to the Village Council and such election increases the number of Council persons serving on the Board of Appeals to more than one, then such member’s seat on the Board of Appeals shall be deemed vacant.
(b) Such vacancy shall be filled for the remainder of the unexpired term by appointment in the same manner as for regular appointments for full terms. The former Council member shall be eligible to be appointed to such vacancy, but such appointment shall not be deemed to be the appointment of a Council member.
(2) The Village Council may appoint two alternate members for three-year terms. The alternate members may be called on a rotating basis, as specified in the rules of procedure of the Board of Appeals, to sit as regular members of the Board of Appeals in the absence of then regular members. An alternate member may also be called on to serve in the place of a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest. The alternate member having been appointed shall serve in the case until a final decision has been made. The alternate member shall have the same voting rights as a regular member of the Board of Appeals. Members of the Board of Appeals may be removed from office by the Village Council for cause upon written charges and after a public hearing. Vacancies shall be filled by resolution of the Village Council.
(Ord. 268, passed 8-13-1996; Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)