(a) Who May Appeal. An appeal may be taken by any person aggrieved or by any officer, department, board or bureau of the Township, County or State.
(b) Procedures and Fees.
(1) An appeal shall be taken by filing, with the Board of Appeals an application for hearing, specifying the basis of the appeal and paying such fee as may be established by resolution of the Township Board.
A. The Township Board may. by resolution, establish a fee to be paid by any person filing an appeal for a variance to any regulation of this Zoning Code in all cases except those cases where a particular use under this Zoning Code may be permitted only after approval by the Board of Appeals.
B. The Township Board may, by resolution, establish such additional fees as it may deem reasonable to be paid by any person filing an appeal in the event such appellant shall request a special meeting of the Board of Appeals.
(2) The Board of Appeals shall be furnished with all documents constituting the records upon which the action appealed from was taken.
(c) Time and Notice of Appeal.
(1) The Board of Appeals shall schedule a hearing within and at a reasonable time and give due notice thereof to the parties and to any person shown on the latest tax roll as owner of any property within 300 feet of the premises in question and to the occupants of any onefamily and two-family dwellings within 300 feet of the premises in question by personal service or by mail.
(2) Upon the hearing, any party may appear in person or by agent or attorney.
(3) The Board of Appeals shall decide upon the appeal within a reasonable time.
(4) The decision of the Board of Appeals shall not become final until the expiration of seven days from the date of determination, unless the Board of Appeals shall find the immediate effect of the order is necessary for the preservation of property or personal rights and shall so certify on the record. The date of determination shall be deemed to be the date the motion is passed.
(d) Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Appeals, after the application for hearing has been filed and of which notice has been made to said officer, that, by reason of fact stated in a 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. Such restraining order may be granted by the Board of Appeals or by the Circuit Court, on application, on due notice to the officer from whom the appeal is taken and on due cause shown.
(e) Dimensional or non-use variances may be allowed by the Board of Appeals. Use variances are not authorized in this Zoning Code. Dimensional or non-use variances may be allowed only in cases where there is evidence of practical difficulty and where all of the following standards have been met:
(1) There are extraordinary circumstances or conditions applying to the property that do not apply generally to other properties in the same zoning district. Extraordinary circumstances may include the following:
A. Exceptional narrowness, shallowness or shape of a specific property; or
B. By reason of exceptional topographic or environmental conditions on the land, building, or structure; or
C. The use or development of the property immediately adjoining the property in question would cause practical difficulties of enforcing the requirements of the ordinance.
(2) The variance is necessary for the preservation and enjoyment of a substantial property right similar to that held by other properties in the same zoning district and/or vicinity.
(3) The variance will not be detrimental to adjacent properties and the surrounding neighborhood.
(4) The variance will not impair the intent and purpose of the Zoning Code.
(5) The immediate practical difficulty causing the need for the request was not created by the applicant or the applicant’s predecessor in interest.
(Ord. 260. Passed 7-9-79; Ord. 260-A-31. Passed 5-4-81; Ord. Passed 10-30-23.)