The Zoning Board of Appeals (ZBA) shall have all the power and duties prescribed by law and by this chapter that are more particularly specified as follows.
(A) Hear appeals. The Zoning Board of Appeals shall hear and decide appeals where it is alleged by a person aggrieved or by an officer, department, board or bureau of the state or local unit of government that there is an error in any order, requirement, permit, decision or refusal made by the Zoning Administrator or by any other official in administering or enforcing any provisions of this chapter. Every appeal must be in writing and must be filed with the township within 21 days of the date on which the Zoning Administrator makes his or her decision, interpretation or takes other action. Upon appeal, the Zoning Board of Appeals may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination, as, in its opinion, ought to be made in the premises, and to the end shall have all the power of the official from whom the appeal is taken, and may direct the issuance of a permit.
(B) Interpretation. The Zoning Board of Appeals shall have the power to:
(1) Interpret, upon request, the provisions of this chapter in such a way as to carry out the intent and purpose of this chapter;
(2) Determine the precise location of the boundary lines between zoning districts, where uncertainty exists; and
(3) Classify a use that is not specifically mentioned as part of the use regulations of any zoning district; providing that, it conforms to a comparable permitted or regulated use (in accordance with the purpose and intent of each district), until such time when the unclassified use is properly assigned or classified by amendatory legislation.
(C) Variances. The ZBA shall have the power to authorize, upon appeal, non-use variances from the specific requirements of this chapter, such as, lot area and width regulations, building height and other bulk regulations, off-street parking and loading space requirements and the like; provided, all of the conditions listed in § 154.449 of this chapter can be satisfied. The ZBA shall have the power to authorize, upon appeal, use variances provided all of the conditions listed in § 154.449(B) of this chapter can be satisfied.
(D) Limitations on the power and jurisdiction of the Zoning Board of Appeals. The ZBA shall not have any power, jurisdiction or authority to grant variances or hear any appeals regarding the following:
(1) The approval or denial by any township body involving a planned unit development, special use and/or site plan. However, if the township body responsible for any such decision expressly authorizes an appeal to the ZBA with regard to an interpretation or a variance of an underlying requirement of this chapter, the ZBA shall have jurisdiction in such limited circumstances and as otherwise limited by the township body that authorized such an appeal; and
(2) Where a zoning regulation, determination or decision involves a planned unit development, special use or site plan review and approval or denial, or any such planned unit development, special use or site plan is potentially available, the ZBA shall generally not have jurisdiction, and a landowner or other aggrieved party shall not be able to file an application with the ZBA to circumvent or avoid the special use, planned unit development or site plan review and approval or denial process. The ZBA shall continue to have jurisdiction with regard to any site plan (or the equivalent) related to a variance request that is lawfully before the ZBA.
(Ord. passed 7-12-2012, § 15.3)