The zoning board of appeals is hereby established in accordance with Public Act No. 207 of 1921 (MCL 125.581 et seq.). In the performance of assigned duties and the exercise of assigned powers, the zoning board of appeals shall function such that the objectives of this chapter may be equitably achieved.
(1) Members. The zoning board of appeals shall consist of seven members each appointed by the city council for a term of three years, except that the term of a member serving because of their being a member of the city council shall be limited to the time they are a member of the council. One regular or alternate member may be a member of the city council but shall not serve as chairperson of the zoning board of appeals. The remaining members shall be selected from the electors of the city. The members selected shall be representative of the population distribution and of the various interests present in the city.
(2) Alternate members. The city council may appoint not more than two alternate members for the zoning board of appeals each appointed for a term of three years. An alternate member shall be called on a rotating basis to sit as a regular member of the zoning board of 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 particular case in which the regular member has abstained for reasons of conflict of interest. Once having been called to serve, an alternate member shall serve as a regular member in the consideration of that particular case until a final decision has been made.
(3) Removal. A member of the zoning board of appeals may be removed by the 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.
(4) Participation by dual members. 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 a public hearing on or vote on the same matter that such member voted on as a member of the planning commission or city council. However, such member may consider and vote on other unrelated matters involving the same property.
(Ord. No. 152, 5-1-2006; Ord. No. 157, 11-6-2006; Ord No. 176, 5-4-2009)