(A) Appeals shall be taken within such time as shall be prescribed by the Zoning Board of Appeals by general rule, by the filing with the officer from whom the appeal is taken, and with the Zoning Board of Appeals of a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed was taken.
(B) An appeal stays all proceedings in furtherance of the action appealed, unless the officer from whom the appeal is taken certifies to the Township Zoning Board of Appeals after the notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate, a stay would in his or her opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by the Circuit Court, on application, on notice to the officer from whom the appeal is taken and on due cause shown.
(C) The Township Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal and give notice as required in § 152.165 to the parties, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Zoning Board of Appeals shall have power in passing upon appeals to vary or modify any of its rules, regulations or provisions so that the spirit of the ordinance shall be observed, public safety secured and substantial justice done. The decision of the Board shall be final, but any person having an interest affected by any such ordinance shall have the right to appeal to the Circuit Court on questions of law and fact.
(D) The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse any order, requirements, decision or determination of any such administrative official or to approve any application, permit, petition and the like, upon which they are required to pass under this chapter, or to effect any variation in this chapter. The Board shall state its grounds for each determination. Appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the township, county or state.
(Ord. § 25.01, passed 5-22-1997; Am. Ord. 397, passed 10-11-2001)