(A) The presence of three members shall constitute a quorum, and the concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant in any matter upon which it is required to pass under this chapter or to effect any variation in such ordinance.
(B) Applications or appeals shall be taken within such time as shall be prescribed by the Board of Appeals by general rule by filing with the Zoning Inspector and with the Board of Appeals of a notice of application or appeal specifying the grounds thereof. The Zoning Inspector shall forthwith transmit to the Board all the papers constituting the record from which the application or appeal was taken.
(C) When an application or appeal has been filed in proper form and with the required date, the Secretary of the Board shall place said application or appeal on the calendar for hearing by first class mail, postage prepaid, to the address provided in the last assessment roll. For purposes of this chapter, the owner of the property is conclusively presumed to be the party listed on the last assessment roll. Personal service is achieved if the notice is delivered to any adult at the address provided in the last assessment roll. Notices shall be served upon the applicant or appellant, the Building or Zoning Inspector and the owners of property within 300 feet of the premises in question. In the event of any property immediately adjacent to said premises shall be part of a different governmental subdivision, the owner of such property shall nevertheless receive notice and shall be entitled to be heard.
(D) Upon the day for hearing any application or appeal, the Board may adjourn the hearing in order to permit the obtaining of additional information or to cause such further notice as it deems proper to be served upon such other property owners as it decides may be interested in said application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of said hearing.
(E) Upon the hearing, any party may be heard in person or by agent or attorney.
(F) The Board 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 was taken and may issue or direct the issuance of a permit.
(G) The decision of the Board shall not be final until five days after it is made and any person having an interest affected by any such decision shall have the right to appeal to the Circuit Court on questions of law and fact during said period.
(H) Each appeal or application for variance or a special use permit shall be accompanied by a filing fee determined by the Township Board which shall be deposited by the Zoning Administrator with the Township Treasurer.
(Prior Code, Ch. XV, § 16.06) (Ord. 1977-1, passed 10-10-1977; Ord. 2001-1, passed 7-17-2001)