(a) Meetings. Four members of the zoning board of appeals shall comprise a quorum for the purpose of conducting a meeting. Meetings shall be held at the call of the chairman or the zoning official in writing delivered to the addresses of each member of the board. All meetings shall be open to the public. The city manager or a designee shall act as secretary of the board.
(b) Records. Minutes of all meetings shall be recorded and made available in accordance with the Michigan Open Meetings Act (MCL 15.261 et seq.) and shall contain the grounds of every determination made by the zoning board of appeals including all evidence and data considered, all findings of fact and conclusions drawn, the votes of the members and the final disposition of each case. Such minutes shall be filed in the office of the city clerk and shall be available to the public. The record of proceedings for the zoning board of appeals shall contain the following information when applicable:
(1) The application for an appeal, variance, or interpretation.
(2) Any reports, plans, surveys or photos.
(3) Notice of public hearing delivered to affected parties and published in a newspaper.
(4) Affidavit of publication of notice of public hearing.
(5) Letter from the zoning official granting or denying the application or referring it to the zoning board of appeals and all other relevant records related to the case.
(6) Record of testimony heard and evidence presented.
(7) A copy of the zoning articles and sections in question.
(8) Briefs, correspondence or other communications made to the zoning board of appeals.
(9) Statement of facts found by the zoning board of appeals, of its own knowledge, regarding the request including any information gained from personal inspection.
(10) Decision of the zoning board of appeals as specifically related to the findings of fact.
(11) A copy of any other correspondence to the appellant regarding the request.
(c) Counsel. The city attorney shall provide legal counsel to the zoning board of appeals when requested. Special legal counsel may be retained for the zoning board of appeals for any purpose deemed necessary provided that such appointment or retainer shall be approved in advance by the city council.
(d) Decisions. The zoning board of appeals shall return a decision on a case within a reasonable time after the hearing on an application or appeal unless a reasonable extension of time is deemed necessary by a majority of the members present. Any decision of the zoning board of appeals shall not become final until the expiration of five days from the date of the decision unless the zoning board of appeals shall find the immediate effect of the decision is necessary for the preservation of property or personal rights and shall so certify on the record.
(e) Deferment by applicant. When considering an appeal pursuant to subsection 94-363(a), or a variance pursuant to subsection 94-363(b), the zoning board of appeals shall defer all proceedings upon the request of the applicant when less than six members of the zoning board of appeals are present for consideration of and voting on said appeal or variance. The right of deferment shall be considered waived by the applicant if deferment is not requested immediately upon the opening of the hearing on the matter. When deferment is requested as required, the zoning board of appeals shall, at that time, determine the date of a future regular or special meeting for the continuation of the hearing and consideration of the matter. Notice previously given for the original hearing date shall constitute notice of the future hearing date with no further notice required.
(Ord. No. 152, 5-1-2006; Ord. 222, § 61, 12-3-2018)