(A) All applications to the ZBA shall be filed with the Township Clerk, on forms provided by the township, and shall be accompanied by the applicable fee established by resolution of the Township Board. Applications shall include all plans, studies and other information and data to be relied upon by the applicant.
(B) The plan which shall accompany all variance requests shall be based on a mortgage survey, or land survey prepared by a registered land surveyor. The plan shall be to scale and shall include all property lines and dimensions, setbacks and all existing and proposed structures. The Zoning Board of Appeals has the authority to require a land survey prepared by a registered land surveyor when the ZBA determines it to be necessary to ensure accuracy of the plan.
(C) At least one week prior to the date of a scheduled hearing before the ZBA, all property, parcels and/or lots which are the subject of a ZBA hearing shall be marked and staked in the following manner.
(1) Each corner of the lot or parcel shall be staked.
(2) Each corner of the proposed building(s) shall be staked.
(3) Vacant parcels shall be posted with a clearly visible sign noting the address or lot number.
(D) The ZBA shall have no obligation to consider and/or grant a request for relief unless and until a conforming and complete application has been filed; including relevant plans, studies and other information.
(E) As a condition to invoking the jurisdiction of the ZBA, an appeal under § 153.307(B) or (D) shall be taken by the applicant within 30 days of the date of the order, refusal, requirement or determination from which the appeal is being taken.
(F) In a case involving an appeal from an action of an administrative official, the administrative official, upon notice from the ZBA, shall transmit to the ZBA copies of all papers constituting the record upon which the action was taken.
(G) Applications to the ZBA shall be made with full knowledge and written consent of all owners of the property in question. This requirement shall include the consent of a land contract seller to the relief sought by a land contract purchaser.
(H) The Township Clerk, or designee, shall provide public notice of a ZBA public hearing in accordance with the public hearing publication and notification procedures required for a rezoning or special land use approval request. Other persons may be notified at the discretion of the ZBA. Where the case does not relate to a specific site, notification shall be made in the newspaper only.
(I) An appeal shall have the effect of staying all proceedings in furtherance of the action being appealed unless the officer or entity from whom the appeal is taken certifies to the ZBA that, by reason of facts stated in such certification, a stay would in his or her opinion cause imminent peril to life or property, in which case proceedings shall not be stayed unless specifically determined by the ZBA, or by a court of competent jurisdiction.
(Ord. passed 10-11-2000) Penalty, see § 153.999