(A) The Board of Appeals on Zoning is created for the city in accordance with the provisions of the Michigan Zoning Enabling Act, Public Act 110 of 2006, being M.C.L. §§ 125.3101 et seq.
(B) The Board of Appeals on Zoning shall continue to so function and shall consist of five members.
(C) When the terms of the individual members of the Board expire, no more than two terms expiring in any one year, the City Council shall appoint a successor for a three-year term from the date of expiration of said original member’s term.
(D) All members shall be electors of the city. One regular or alternate member of the Board of Appeals on Zoning may be a member of City Council; such member shall not serve as Chair. No employee or contractor of the city may serve simultaneously as a member of the Board of Appeals on Zoning.
(E) One member shall be appointed from the membership of the City Planning Commission.
(F) After the initial appointment, each member shall hold office for a period of three years, except for the City Planning Commission member, whose term shall be limited to the time he or she serves on the City Planning Commission. Successors shall be appointed not more than one month after the term of the preceding member has expired.
(G) Members may be removed by the City Council for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing. Any vacancy in the Board shall be filled by the City Council for the remainder of the unexpired term.
(H) The City Council may appoint not more than two alternate members to the Board, said alternate members to have the same term as regular members of the Board and to be subject to the same qualifications and other provisions contained herein applicable to regular members of the Board.
(I) The Chair of the Board, or the Vice Chair in the absence of the Chair, may call upon either or both of the alternate members on a rotating basis to sit as regular members of the Board in the absence of one or two regular members; or where a regular member has abstained for reasons of a conflict of interest.
(J) Once appointed to hear a case, an alternate member shall serve in the case until a final decision has been made and shall have the same voting rights as a regular member of the Board.
(Prior Code, § 153.611) (Ord. D-1418, § 2702, passed 11-22-1982, effective 1-21-1983; Ord. D-1545, passed 6-1-1987, effective 6-11-1987; Ord. O-241, passed 12-20-2021, effective 12-30-2021)