(a) Creation. There is hereby established a Board of Zoning Appeals, which shall perform its duties and exercise its powers as provided in Section 601 Act 110 of the Public Acts of 2006, the Michigan Zoning Enabling Act, and in such a way that the objection of this chapter shall be observed, public safety secured, and substantial justice done.
(b) Composition and Membership. The Board shall consist of five members and two alternate members appointed by the Mayor and confirmed by the City Council. One member shall be a member of the Planning Commission and one member shall be a member of the City Council. The remaining three members and two alternates shall be selected from the electors of the City. The members selected shall be representative of the population distribution of the various interests present in the City. An alternate member may be called as specified in the zoning ordinance to serve as a member of the Zoning Board of Appeals in the absence of a regular member if the regular member will be unable to attend one or more meetings. An alternate member may also be called to serve as a member for the purpose of reaching a decision on a case in which the member has abstained for reasons of conflict of interest. The alternate member appointed shall serve in the case until a final decision is made. An alternate member serving on the Zoning Board of Appeals has the same voting rights as a regular member.
(c) Terms of Office. The terms of office for members and alternate members shall be for three years, except for the members serving because of their membership on the Planning Commission or the City Council, whose terms shall be limited to the time they are members of those bodies.
(d) Officers. At its first meeting of each calendar year, the Board shall elect its own Chairperson, Vice Chairperson and Secretary. The Board member who is also a member of the City Council and alternate Board members shall not be permitted to serve as Chairperson.
(e) Removal. A member of the Board may be removed by the City Council for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a 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.
(f) Compensation. Members of the Board shall serve without compensation but shall be entitled to reimbursement for reasonable expenses actually incurred in the discharge of duties if funds are appropriated for such purpose.
(g) Vacancies. A successor shall be appointed not more than one month after the term of the preceding member has expired. Vacancies for unexpired terms shall be filled for the remainder of the term.
(h) Quorum. The Board shall not conduct business unless a majority of the members of the Board are present. Three members shall constitute a quorum for the conduct of its business.
(i) Planning Commission/City Council Representative - Voting. A member of the Zoning Board of Appeals who is also a member of the Planning Commission or the City Council shall not participate in the public hearing or vote on any matter that the member may have previously voted on as a member of the Planning Commission or the City Council. The member may consider and vote on other unrelated matters involving the same property.
(Ord. 311. Passed 11-13-86; Ord. 445. Passed 2-6-07; Ord. 469. Passed 10-6-09; Ord. 554. Passed 8-3-21.)