HOUSE BILL No. 5947


     September 26, 2000, Introduced by Rep. Patterson 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 as specified in

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      the zoning ordinance to serve as a regular member of the zoning

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      board of appeals in the absence of a regular member.  if the reg-

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      ular member is absent from or will be unable to attend 2 or more

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      consecutive meetings of the zoning board of appeals or is absent

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      from or will be unable to attend meetings for a period of more

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      than 30 consecutive days.  An alternate member may also be called

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      to serve as a regular member for the purpose of reaching a deci-

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      sion on a case in which the regular member has abstained for

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      reasons of conflict of interest.  The alternate member appointed



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      shall serve in the case until a final decision is made.  The

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      alternate member has the same voting rights as a regular member

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      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 from a vote in which the member has

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      a conflict of interest.  Failure of a member to disqualify him-

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      self or herself from a vote in which the member has a conflict of

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      interest constitutes misconduct in office.

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           (5) Terms shall be for 3 years, except for members serving

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      because of their membership on the zoning board, planning commis-

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      sion, or township board, whose terms shall be limited to the time

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      they are members of the zoning board, planning commission, or

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      township board, respectively, and the period stated in the reso-

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      lution appointing them.  When members are first appointed, the

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      appointments may be for less than 3 years to provide for stag-

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      gered terms.  A successor shall be appointed not more than 1

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      month after the term of the preceding member has expired.

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      Vacancies for unexpired terms shall be filled for the remainder

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      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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