HOUSE BILL No. 4294


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


        A bill to amend 1943 PA 183, entitled

   "County zoning act,"

   by amending section 18 (MCL 125.218).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 18.  (1) In a county in which the county board of com-

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      missioners exercises the authority conferred by this act, it

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      shall provide for and appoint a county board of zoning appeals of

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      not less than 3 and not more than 7 REGULAR members.  The term of

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      each member shall be for 3 years, except that the first board

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      appointed shall be divided as nearly as possible into 3 equal

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      groups with the terms of office for each group as follows:

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           (a) One group for 1 year.

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           (b) One group for 2 years.

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           (c) One group for 3 years.




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           (2) Each member of the county board of zoning appeals shall

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      be chosen from electors residing in the unincorporated area of

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      the county.  An elected officer of the county or an employee of

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      the county board of commissioners may not serve simultaneously as

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      a member of or as an employee of the county board of zoning

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      appeals.  One member of the board of appeals shall be a member of

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      the county zoning commission.  The term of a member of the county

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      board of zoning appeals serving because of membership on the

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      zoning commission shall expire upon termination of membership on

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      the zoning commission.

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           (3) UNDER PROCEDURES SPECIFIED IN THE ZONING ORDINANCE, THE

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      COUNTY BOARD OF COMMISSIONERS MAY APPOINT NOT MORE THAN 2 ALTER-

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      NATE MEMBERS FOR THE SAME TERM AS REGULAR MEMBERS OF THE BOARD OF

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      APPEALS.  THE ALTERNATE MEMBERS MAY BE CALLED ON A ROTATING BASIS

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      AS SPECIFIED IN THE ZONING ORDINANCE TO SIT AS REGULAR MEMBERS OF

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      THE BOARD OF APPEALS IN THE ABSENCE OF A REGULAR MEMBER.  AN

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      ALTERNATE MEMBER MAY ALSO BE CALLED TO SERVE IN THE PLACE OF A

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      REGULAR MEMBER TO REACH A DECISION ON A CASE IN WHICH THE REGULAR

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      MEMBER HAS ABSTAINED.  A REGULAR MEMBER SHALL ABSTAIN IF REQUIRED

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      BY LAW BECAUSE OF A CONFLICT OF INTEREST OR IF THE REGULAR MEMBER

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

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      REQUIREMENT, DECISION, OR DETERMINATION APPEALED FROM.  THE

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      ALTERNATE MEMBER CALLED SHALL SERVE IN THE CASE UNTIL A FINAL

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      DECISION IS MADE.  THE ALTERNATE MEMBER SERVING HAS THE SAME

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      VOTING RIGHTS AS A REGULAR MEMBER OF THE BOARD OF APPEALS.

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           (4)  (3)  The total amount allowed a member of the county

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      board of zoning appeals in 1 year as per diem or as expenses



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      actually incurred in the discharge of the member's duty shall not

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      exceed a reasonable sum which sum shall be provided annually in

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      advance by the county board of commissioners.

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           (5) The county board of commissioners shall provide for the

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      removal of a member for nonfeasance or misfeasance in office.

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           (6) A majority of the total membership of the county board

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      of zoning appeals  shall comprise  COMPRISES a quorum.










































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