(A) General.
(1) When any order, requirement, decision or determination is subsequently appealed to the Zoning Board of Appeals or when a variance is requested, as provided for in this chapter, the appellant shall file a notice of appeal with fee to the Zoning Administrator who shall forward all records and materials to the Zoning Board of Appeals.
(2) If appealing a determination or order, the Zoning Administrator shall also send copies of all materials to the official or body of officials from whom the appeal is taken.
(3) Such body or official shall also make all records available to the ZBA for review.
(B) General procedural steps by ZBA.
(1) The ZBA reviews the appeal form to make sure that it is the proper form for the action requested and to see that all required information is submitted.
(2) The Township Clerk shall place said appeal form on the calendar for hearing at the next meeting of the ZBA and shall cause notice to be published and sent as set forth below. The notices shall be given not less than 15 days before the date of the hearing on an appeal. See § 154.424 of this chapter.
(a) The ZBA shall publish notice of a public hearing for an appeal in a newspaper that circulates in the township. The notice shall also be sent by mail or personal delivery to the owners of property for which approval is being considered. Notice shall also be sent to all persons to whom real property is assessed within 300 feet of the property and to the occupants of all structures within 300 feet of the property regardless of whether the property or occupant is located in the township.
(b) The notice shall include:
1. The nature of the request;
2. The property(ies) for which the appeal has been made;
3. A listing of all existing street addresses within the property(ies) that is(are) subject of the appeal. Street addresses do not need to be created and listed if no such addresses currently exist. If there are no street addresses, another means of identification may be used;
4. The location where the request can be viewed and copied prior to the hearing date;
5. The date, time and location of when the hearing before the Appeals Board will take place; and
6. The address at which written comments should be directed prior to the hearing.
(c) At the hearing, rules and procedures for the conduct of the hearing as may be established in the by-laws of the ZBA shall be followed:
1. Any party may be heard in person or by agent or attorney; and
2. The ZBA 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. If the hearing is adjourned, persons previously notified and persons already heard, need to be notified of the time of resumption of said hearing.
(d) Following the hearing, the ZBA shall formulate its decision.
1. The ZBA shall consider the merits of the individual application or appeal within the context of any and all standards and considerations established in this chapter. In the case of variances, the standards of § 154.449 of this chapter shall control.
2. The Zoning Board of Appeals may reverse or affirm, wholly or part, or may modify the order, requirement, decision or determination of issue, as in its opinion ought to be made, and, to that end, shall have all the powers of the official or body of officials from whom the appeal was taken and may direct the issuance of a permit.
3. The written decision of the ZBA shall not be final until five days after it is made unless the ZBA shall find the immediate effect of such order is necessary for the preservation of property or personal rights and shall certify on the record. In the written decision on the application or appeal, the ZBA must include the reasons for decision and facts supporting such reasons.
(Ord. passed 7-12-2012, § 15.9)