(a) Board of appeals established. The sign board of appeals is hereby established for the purposes of hearing appeals as provided by section 58-88. The board shall consist of five members, three of whom shall be those persons appointed and serving as members of the building code board of appeals plus two additional members appointed by the mayor and approved by the council who shall serve for a term of three years, except that of the additional members first appointed, one shall be appointed for a term of two years. The additional members to be appointed shall have an interest in property in the commercial, office, or manufacturing districts of the city.
(b) Meetings. Three members of the board of appeals shall comprise a quorum for the purpose of conducting a meeting. Meetings shall be held at the call of the zoning official in writing delivered to the addresses of each member of the board. All meetings shall be open to the public. The zoning official shall act as secretary of the board.
(c) 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 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 board of appeals shall contain the following information when applicable:
(1) The application for an appeal or variance.
(2) Any reports, plans, surveys or photos.
(3) Notice of hearing delivered to affected parties.
(4) Affidavit of mailing of notice of hearing delivered to affected parties.
(5) Letter from the zoning official granting or denying the application or referring it to the 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 sections of this chapter in question.
(8) Briefs, correspondence or other communications made to the board of appeals.
(9) Statement of facts found by the board of appeals, of its own knowledge, regarding the request including any information gained from personal inspection.
(10) Decision of the board of appeals as specifically related to the findings of fact.
(11) A copy of any other correspondence to the appellant regarding the request.
(d) Counsel. The city attorney shall provide legal counsel to the board of appeals when requested. Special legal counsel may be retained for the board of appeals for any purpose deemed necessary provided that such appointment or retainer shall be approved in advance by the city council.
(e) Decisions. The 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 board of appeals shall not become final until the expiration of five days from the date of the decision unless the 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.
(Ord. No. 159, 9-17-2007)