There is hereby established a Zoning Board of Appeals, which shall perform its duties and exercise its powers as provided in Article VI of Act 110 of the Public Acts of 2006 and in such a way that the objectives of this Zoning Code shall be observed, public safety secured, and substantial justice done. The Board shall consist of seven members appointed by the Village Council, one of whom shall be a member of the Planning Commission. Each appointment shall be for a period of three years, with the exception of the Planning Commission Liaison, which shall be appointed annually. Each member of the Zoning Board of Appeals shall have been a resident of the Village for at least one year prior to the date of his or her appointment and shall be a qualified and registered elector of the Village on such day and throughout his or her tenure of office. A member of the Zoning Board of Appeals may be removed by the Village 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. Any appointive vacancies in the Zoning Board of Appeals shall be filled by the Village Council for the remainder of the unexpired term. The Zoning Board of Appeals shall annually elect its own Chairperson, Vice-Chairperson, and Secretary. The compensation of the appointed members of the Zoning Board of Appeals shall be fixed by the Village Council.
The Village Council may appoint not more than two alternate members of the Board of Appeals. The alternate members may be called on a rotating basis as determined by the Board of Appeals to sit as regular members of the 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 case in which the regular member has abstained for reasons of conflict of interest. The alternate member having been appointed shall serve in the case until a final decision has been made. The alternate member shall have the same voting rights as a regular member of the Board of Appeals. The first alternate who is seated as of the date of the adoption of Ordinance 106A-22, passed February 13, 1991, shall serve as first alternate until December 31, 1991, at which time the first alternate member of the Zoning Board of Appeals will be appointed for a three-year period and appointments shall be made every three years thereafter. The second alternate who is seated as of the date of adoption of Ordinance 106A-22, passed February 13, 1991, shall serve until December 31, 1992, at which time the second alternate shall be appointed for a three-year period and shall be appointed thereafter for succeeding three-year periods.
(Ord. 106. Passed 12-9-81; Ord. 106A-14. Passed 7-8-87; Ord. 106A-22. Passed 2-13-91; Ord. 106-A48. Passed 11-14-07; Ord. 106-A52. Passed 8-12-09.)