Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Ordinance Amendment topic
No spam. Unsubscribe anytime.
Council approves first reading to align Zoning Board of Appeals rules with Michigan law
Summary
The council approved first reading of an ordinance amendment changing the Zoning Board of Appeals voting language to match the Michigan Zoning Enabling Act (Public Act 110 of 2006). The amendment replaces a four‑member concurring requirement with a majority‑vote rule.
The Clawson City Council gave first reading Oct. 21 to an ordinance amending Chapter 34, Article 10, Section 7.15 to align the city’s Zoning Board of Appeals (ZBA) voting language with the Michigan Zoning Enabling Act, Public Act 110 of 2006.
City staff said the city code previously required four concurring votes on the ZBA for approval of a request, while the state law requires the concurring vote of a majority of the board. The amendment replaces the four‑vote requirement with the majority standard and was characterized by staff as a housekeeping change to bring the ordinance into legal alignment.
A council member asked whether the phrase “majority of members” refers to seated members or members present; staff replied that, unless otherwise stated, the legal presumption is that the majority applies to the body as constituted and that exceptions are explicitly stated elsewhere in city code.
Council approved first reading by roll call. The ordinance will return for subsequent readings and final adoption consistent with the city’s ordinance process.
