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There shall be a Board of Appeals consisting of five members appointed by the Village Council; each member thereof to be appointed for a term of three years; provided, however, that the first members of the Board of Appeals shall be appointed for staggered terms of one, two and three years, respectively, so as to nearly as possible provide for the appointment of an equal number of members each year. After initial appointments, each member shall hold office for the full three-year term. In addition, the Council may appoint up to two alternate members for the same term. Alternates may be called upon on a rotating basis to sit in the absence of a regular member or when a regular member may, on a particular matter, have a conflict of interest. The foregoing notwithstanding, one regular member of the Zoning Board of Appeals shall be a member of the Planning Commission, and one regular member of the Zoning Board of Appeals may be a member of the Village Council. The terms of the members appointed from the Planning Commission and the Village Council shall run concurrently with their term of office in said bodies, or until their appointment is revoked by said body. The legislative body of the Village of Pewamo may act as a Zoning Board of Appeals and may establish rules to govern its procedure as a Zoning Board of Appeals.
(Ord., § 3.1, passed 8-5-1991; Ord. 2012-02, passed - -2012; Ord. passed 10-14-2019)
The Board of Appeals shall hear and decide appeals from and review any order, requirements, decision or determination made by an administrative official charged with the enforcement of an ordinance adopted under M.C.L.A. §§ 125.3601 et seq. The Board of Appeals shall also hear and decide matters referred to the Board or upon which the Board is required to pass under this chapter.
(Ord., § 3.2, passed 8-5-1991)
The concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse an order, requirement, decision or determination of an administrative official, or to decide in favor of the applicant on a matter upon which the Board is required to pass under this chapter.
(Ord., § 3.3, passed 8-5-1991; Ord. 2012-02, passed - -2012)
Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine for the efficient conduct of its business. The business which the Board of Appeals may perform shall be conducted at a public meeting held in compliance with Public Act 267 of 1976 (State Open Meetings Act), being M.C.L.A. §§ 15.231 through 15.246.
(Ord., § 3.4, passed 8-5-1991)
The Board of Appeals shall schedule the hearing on an appeal within a reasonable time and provide notice of such hearing in accordance with § 153.126.
(Ord., § 3.6, passed 8-5-1991; Ord. 2012-02, passed - -2012)
The Board of Appeals may reverse or affirm, wholly or in part, or may modify the order, requirement decision or determination appealed from and shall make any order, requirement, decision or determination as, in the Board’s opinion, ought to be made in the premises and to that end shall have all the powers of the office from whom the appeal is taken. If there are practical difficulties in the carrying out of the strict letter of this chapter, the Board of Appeals may, in passing upon appeals, vary or modify any of its rules or provisions relating to the construction or structural changes in equipment or alteration of buildings or structures or dimensions of buildings or structures so that the spirit of this chapter shall be observed, public safety secured and substantial justice done. The foregoing notwithstanding, the Board’s powers shall not include the hearing of appeals from the decision of the Village Council or Planning Commission unless such specific appeal is authorized herein.
(Ord., § 3.7, passed 8-5-1991; Ord. 2012-02, passed - -2012)
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