(A) Generally. Appeal from the ruling of the Zoning Inspector or the Township Board concerning the enforcement of the provisions of this chapter may be made to the Board of Appeals within such time as shall be prescribed by the Board of Appeals by general rule, by the filing with the officer from whom the appeal is taken. This officer shall forthwith transmit to the Board of Appeals all papers constituting the record upon which the action appealed was taken.
(B) Who may appeal. Appeals to the Board of Appeals may be taken by any person aggrieved or by any officer, department, board, agency or bureau of the township, village, city, county or state.
(C) Fee for appeal. A fee prescribed by the Township Board shall be paid to the Board of Appeals at the time of filing the notice of appeal which the Board of Appeals shall pay over, within 30 days after deciding any appeal, to General Fund of the township.
(D) Effect of appeal; restraining order. An appeal stays all proceedings in furtherance of other action appealed unless the officer from whom the appeal is taken certifies to the Board of Appeals, after the notice of appeal shall be filed with them, 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 other than by a restraining order which may be granted by the Board of Appeals or by the Circuit Court, on application, of notice to the officer from whom the appeal is taken and on due cause shown.
(E) Notice of hearing. When a request for an appeal has been filed in proper form with the Board of Appeals, the Board of Appeals Secretary or Township Clerk shall immediately place the said request for appeal upon the calendar for hearing, and cause notice, stating the time, place and object of the hearing to be served personally or by registered receipt mail at least ten days prior to the date of such hearing, upon the party or parties making the request for approval.
(F) Representation of hearing. Upon the hearing, any party or parties may appear in person or by agent or by attorney.
(G) Decisions of the Board of Appeals and appeals to the Circuit Court.
(1) The Board of Appeals shall decide upon all matters within a reasonable time and may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end shall have the powers of the Zoning Inspector or Township Board from whom the appeal is taken.
(2) The Board of Appeals’ decision of such appeals shall be in the form of a resolution containing a full record of the finds and determination of Board of Appeals in each particular case. Any person having an interest affected by such resolution shall have the right to appeal to the Circuit Court or question of law and fact.
(H) Appeals, time limitation.
(1) An appeal taken under division (A) above must be filed within 21 days after the decision or ruling upon which the appeal is based is made.
(2) Appeals from written decisions or ruling shall be made within 21 days after the decision is reduced to writing and mailed to the party entitled to receive such decision.
(Ord. 1, passed 11-13-2000, § 21.5)