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ZBA members debate bylaw language over voting thresholds and vacancies

City of Lapeer Zoning Board of Appeals · August 2, 2026
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Summary

Board members raised concerns that counting 'entire membership' when seats are vacant could penalize applicants and proposed drafting bylaw amendments to clarify how majorities are calculated when there are vacancies.

After the continuance motion, members discussed language in the ZBA bylaws and the Michigan Zoning Enabling Act about how majority votes should be calculated when the board has vacancies. The chair argued that counting vacant seats against applicants effectively adds an automatic 'no' and suggested the board ask city staff and the city attorney to prepare draft bylaw language for the board to consider.

Members cited a prior case and their training about an "entire membership" rule and asked staff to provide clearer language for how vacancies and alternates should be treated. The chair said he would distribute proposed bylaw language and asked staff to consult the city attorney so the board can deliberate the amendment at a future meeting.