§ 38-502. Organization and procedures.

(a)

Rules of procedure. The board of appeals shall adopt its own rules of procedure as may be necessary to conduct its meetings and carry out its function. The board shall choose its own chairperson, and in his or her absence, an acting chairperson. The rules of procedure shall contain compliance requirements consistent with section 601 PA 110 of 2006 as amended and that is a member must 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.

(b)

Meetings . Meetings shall be held at the call of the chairperson and at such times as the board of appeals may determine. All meetings by the board shall be open to the public. The board may declare any meeting, or part of any meeting, a study meeting to pursue matters of business without comment or interruption from the public in attendance. A writing prepared, owned, used, in the possession of, or retained as required by this act shall be made available to the public in compliance with the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

State Law reference— Open meetings act, MCL 15.261 et seq.

(c)

Records. Minutes shall be recorded of all proceedings which shall contain the evidence received, the findings of fact and data relevant to every case considered, together with 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 made available to the general public.

(d)

Counsel. The city attorney shall act as legal counsel for the board and shall be present at all meetings upon request of the board.

(e)

Hearings and notice. The board of appeals shall fix a reasonable time for the public hearing of the appeal and give due notice thereof to all persons to whom any real property within three hundred (300) feet of the premises in question is assessed, and to the occupants of all single- and two-family dwellings within three hundred (300) feet regardless of whether the property or occupant is located in the zoning jurisdiction, such notice to be published in a newspaper of general circulation and to be delivered personally or by mail addressed to the respective owners at the address given in the last assessment roll at least fifteen (15) days in advance of the public hearing and shall decide the same within a reasonable time. If the tenant's name is not known, the term "occupant" may be issued. The board may require any party applying to the board for relief to give such notice to other interested parties as it shall prescribe. Upon the hearing, any party may appear in person or by agent or by attorney. The board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end shall have all powers of the officer from whom the appeal is taken. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the board of appeals may in passing upon appeals vary or modify any of its rules, regulations or provisions relating to the construction, or structural changes in equipment, or alteration of buildings or structures, or the use of land, buildings, or structures, so that the spirit of the ordinance shall be observed, public safety secured and substantial justice done. The board may recess such hearing from time to time and, if the time and place of the continued hearing is publicly announced at the time of adjournment of the board hearing, no further notice shall be required.

(f)

Decisions. The board of appeals shall return a decision on a case within sixty (60) days after a request or appeal has been filed, unless a further time is agreed upon with the parties concerned. Any decision of the board shall not become final until expiration thereof five (5) days from the date of entry of such order, unless the board shall find the immediate effect of such order is necessary for the preservation of property or personal rights and shall so certify on the record.

(g)

Quorum and vote. The presence of three (3) members shall be necessary to constitute a quorum. A vote of a majority vote of the full board shall be necessary to reverse any order, requirement, decision, or determination of the city building official or to decide in favor of the applicant on any matter upon which they are required to pass under this chapter or to effect any variation in this chapter.

(h)

Reports to council. At intervals of not greater than one (1) year, the board of appeals shall, by written report to the council, list all applications and appeals made to it since its last report, and shall summarize its decisions on such applications and appeals.

(Ord. No. 437, § 5.111, 9-16-85; Ord. No. 549, § 1, 12-4-95; Ord. No. 680, § 1, 10-16-06)