A.

Creation: There is hereby established a Zoning Board of Appeals, which shall perform its duties and exercise its powers as provided by the Michigan Zoning Enabling Act, Act 110 of the Public Acts of 2006, MCL 125.3101 et seq., in such a way that the objectives of this Ordinance shall be attained, public safety secured, and substantial justice done.

B.

Membership: The Zoning Board of Appeals shall consist of seven (7) members, five (5) at large, one (1) from the Planning Commission, and one (1) from Village Board of Trustees, all of whom shall be appointed by the Village Board of Trustees. Appointments for the members at large shall be as follows: one (1) member appointed for a period of one (1) year; two (2) members appointed for a period of two (2) years; and two (2) members appointed for a period of three (3) years respectively; thereafter, each member to hold office for a full three (3) year term. The term of office for the latter two (2) members shall be limited to their term as a member of the Planning Commission or Board of Trustees, and neither may serve as a Chair. Should a vacancy occur among any of the seven (7) members, a successor shall be appointed not more than one (1) month after resignation or after the term of the preceding member has expired. The members selected shall be representative of the population distribution and of the various interests present within the Village to the extent practical.

The Village Board of Trustees may appoint two (2) alternate members for the same term as regular members, to be called to serve as a member of the Zoning Board of Appeals in the absence of a regular member if the regular member will be unable to attend one (1) or more meetings, or in a case where a regular member has abstained for reasons of a conflict of interest. The alternate member shall serve in the case until a final decision has been reached and shall have the same voting rights as a regular member.

C.

Residency Requirement: Each member of the Zoning Board of Appeals shall be a resident of the Village of Dundee prior to the date of his appointment and shall be a qualified and registered elector of the Village on such day and throughout the member's tenure of office.

D.

Elections of Officers: The Zoning Board of Appeals shall annually elect its own Chair, Vice Chair, and Secretary. The compensation of the appointed members of the Zoning Board of Appeals shall be fixed by the Village Board of Trustees.

E.

Removal of Members and Conflicts of Interest: A member of the Zoning Board of Appeals may be removed by the Village Board of Trustees for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing. A member of the Zoning Board of Appeals 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.