HOUSE BILL No. 4296


     February 20, 2001, Introduced by Reps. Lockwood, Callahan, Dennis, Waters, Jacobs, Hardman, O'Neil, Woodward and Rich
Brown and referred to the Committee on Local Government and Urban Policy.


        A bill to amend 1943 PA 184, entitled

   "Township zoning act,"

   by amending section 18 (MCL 125.288), as amended by 1990 PA 141.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 18.  (1) In each township in which the township board

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      exercises the authority conferred by this act, it shall appoint a

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      township board of appeals.  In a township having a population of

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      5,000 or more persons, the board of appeals shall be composed of

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      not less than 5 regular members.  In a township having a popula-

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      tion of less than 5,000 persons, the board of appeals shall be

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      composed of not less than 3 regular members.  The precise number

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      of regular members comprising the board of appeals shall be spec-

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      ified by the township board in the zoning ordinance.  The first

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      regular member of the board of appeals shall be a member of the

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      township zoning board.  In a township where the powers, duties,


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      and responsibilities of the zoning board are transferred to the

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      planning commission pursuant to section 11 of  Act No.  168 of

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      the Public Acts of 1959, as amended, being section 125.331 of the

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      Michigan Compiled Laws  1959 PA 168, MCL 125.331, the first regu-

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      lar member of the board of appeals shall be a member of the town-

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      ship planning commission.  The remaining regular members and any

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      alternate members of the board of appeals shall be selected from

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      the electors of the township residing outside of  incorporated

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      cities and  villages.  The members selected shall be representa-

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      tive of the population distribution and of the various interests

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      present in the township.  One regular member may be a member of

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      the township board.  An elected officer of the township shall not

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      serve as chairperson of the board of appeals.  An employee or

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      contractor of the township board may not serve as a member of the

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      township board of appeals.

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           (2) A township board may appoint not more than 2 alternate

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      members for the same term as regular members to the zoning board

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      of appeals.  An alternate member may be called ON A ROTATING

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      BASIS as specified in the zoning ordinance to serve as a regular

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      member of the zoning board of appeals  in the absence of a regu-

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      lar member if the  IF A regular member is absent from or will be

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      unable to attend 2 or more consecutive meetings of the zoning

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      board of appeals or is absent from or will be unable to attend

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      meetings for a period of more than 30 consecutive days.  An

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      alternate member may also be called to serve as a regular member

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       for the purpose of reaching  TO REACH a decision on a case in

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      which the regular member has abstained  for reasons of conflict



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      of interest  PURSUANT TO SUBSECTION (4).  The alternate member

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       appointed  SERVING shall serve in the case until a final deci-

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      sion is made.  The alternate member SERVING has the same voting

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      rights as a regular member of the zoning board of appeals.

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           (3) The total amount annually allowed the board of appeals

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      as per diem or as expenses actually incurred in the discharge of

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      duties shall not exceed a reasonable sum, which shall be appro-

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      priated annually in advance by the township board.

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           (4) A member of the board of appeals may be removed by the

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      township board for nonperformance of duty or misconduct in office

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      upon written charges and after public hearing.  A member shall

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      disqualify himself or herself AND ABSTAIN from a vote  in which 

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      IF the member has a conflict of interest OR IF THE MEMBER MADE OR

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      PARTICIPATED AS A MEMBER OF THE BODY THAT MADE THE ORDER,

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      REQUIREMENT, DECISION, OR DETERMINATION APPEALED FROM.  Failure

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      of a member to disqualify himself or herself AND ABSTAIN from

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      SUCH a vote  in which the member has a conflict of interest  con-

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      stitutes misconduct in office.

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           (5) Terms OF MEMBERS OF THE BOARD OF APPEALS shall be for 3

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      years, except for members serving because of their membership on

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      the zoning board, planning commission, or township board, whose

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      terms shall be limited to the time they are members of the zoning

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      board, planning commission, or township board, respectively, and

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      the period stated in the resolution appointing them.  When mem-

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      bers are first appointed, the appointments may be for less than 3

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      years to provide for staggered terms.  A successor shall be

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      appointed not more than 1 month after the term of the preceding



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      member has expired.  Vacancies for unexpired terms shall be

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      filled for the remainder of the term.

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           (6) A township board of appeals shall not conduct business

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      unless a majority of the regular members of the board  is  ARE

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      present.














































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