[Amended 5-19-2021 by Ord. No. 385]
A. A Zoning Board of Appeals (ZBA) is hereby created
to carry out the responsibilities and exercise the authority provided
in this chapter and in Act 110 of the Public Acts of 2006, as amended.
The ZBA shall carry out its duties so that the objectives and spirit
of this chapter shall be observed, public safety secured, and substantial
justice done.
B. The Village Council shall serve as the ZBA pursuant
to MCL § 125.3601(2). The term of a ZBA member shall be
limited to the time he or she is a member of the Village Council pursuant
to MCL § 125.3601(10).
C. A vacancy on the Zoning Board of Appeals shall be
filled for the remainder of the unexpired term in the same manner
as the original appointment pursuant to MCL § 125.3601(11).
D. The Village Council may appoint two alternate members
for the same term as regular members of the ZBA. An alternate member
may be called to serve as a regular member of the ZBA in the absence
of a regular member if a regular member will be unable to attend one
or more meetings of the ZBA. 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 ZBA.
E. A member of the ZBA may be removed by the legislative
body 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.
F. The compensation, if any, paid to ZBA members for
discharge of their duties shall be established by the Village Council.
A failure of action on the part of the Village Council in any year
shall be effective action to reestablish the same compensation from
the prior year. The compensation shall be in the form of a reasonable
per diem and reimbursement for expenses actually incurred in the discharging
of duties pursuant to MCL § 125.3601(8).
G. A member
of the ZBA who is also a member of the Village Council shall not participate
in a public hearing on or vote on the same matter that the member
voted on as a member of the Village Council pursuant to MCL § 125.3601(13).
However, the member may consider and vote on other unrelated matters
involving the same property.
[Amended 5-19-2021 by Ord. No. 385]
A. The Village President shall serve as the ZBA Chairperson.
The ZBA shall annually elect a Vice Chairperson and a Secretary, each
to serve for one year. Such election shall be held at the first regular
meeting of the ZBA following January 1 in each calendar year or at
the first regular meeting of the ZBA following departure of an existing
officer from the ZBA.
B. The Chairperson shall preside at all meetings of the
ZBA. In the absence of the Chairperson, the Vice Chairperson shall
preside. The presiding officer, subject to these rules, shall decide
all points of order or procedure generally following Robert's Rules
of Order. The Chairperson or, in his or her absence, the Acting Chairperson
may administer oaths.