ARTICLE 12 BOARD OF ZONING APPEALS

• Section 12.01 Authority.

   There is hereby established a Board of Zoning Appeals, the membership, powers, duties of which are prescribed in Act 110 of the Public Acts of the State of Michigan of 2006, as amended. The Board of Zoning Appeals, in addition to the general powers and duties conferred upon it by said Act, in specific cases and subject to appropriate conditions and safeguards, shall interpret and determine the application of the regulations established under this Zoning Ordinance in harmony with their purpose and intent as hereinafter set forth.

• Section 12.02 Membership.

   (a)   The City Council shall appoint a Board of Zoning Appeals consisting of seven (7) members. Two (2) members shall be appointed for a three (3) year term, two (2) members shall be appointed for a two (2) year term, three (3) members shall be appointed for a one (1) year term, each being a resident at-large of the City of Howell for a period of no less than one (1) year prior. After the initial appointment, each member shall hold office for a period of three (3) years or until a successor is appointed. Members may be removed at the pleasure of the City Council. Any vacancy in the Board shall be filled by the City Council for the remainder of the unexpired term. The Board shall annually elect its own Chair, Vice-Chair and Secretary. Compensation of the members of the Board may be fixed by the Council.

   (b)   In addition to the appointment of the seven (7) regular members of the Board by Council, up to two (2) alternate members may also be appointed for the same term as regular members of the Board of Zoning Appeals. The alternate members may be called on a rotating basis to sit as regular members of the Board of Zoning Appeals in the absence of a regular member. An alternate member may also be called 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 on 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 Zoning Appeals.

• Section 12.03 Meetings.

   (a)   All decisions of the Board of Zoning Appeals shall be made at a meeting open to the public. All deliberations of the Board constituting a quorum of its members shall take place at a meeting open to the public, except as provided in compliance with the Open Meetings Act, Act 267 of the Public Acts of 1976, as amended.

   (b)   A majority of the members of the Board shall constitute a quorum for purposes of transacting the business of the Board and the Open Meetings Act, Act 267 of the Public Acts of 1976, as amended. Each member of the Board shall have one (1) vote.

   (c)   Regular meetings of the Board shall be called as needed in response to receipt of a Notice of Appeal, so long as the meeting is scheduled within a reasonable time frame following the Notice of Appeal. The meeting can be called by the Zoning Administrator, the Chair of the Board of Zoning Appeals, or, in his or her absence, the Vice-Chair. Public notice of the date, time, and place of a public meeting of the Board shall be given in the manner required by Act 267 of the Public Acts of 1976, as amended.

   (d)   The business of the Board of Zoning Appeals shall be conducted in accordance with its adopted by-laws.

   (e)   The Chair, or in his or her absence, the Vice-Chair, may administer oaths and compel the attendance of witnesses.