(A) Appeals; how taken.
(1) All questions concerning administrative decisions under this chapter shall first be presented to the applicable township official or agency.
(2) The questions shall be presented to the Zoning Board of Appeals only on appeal from the decision of the applicable township official or agency.
(3) Appeals may be taken from any administrative zoning decision, except conditional uses and planned developments, expansions of nonconforming buildings and structures, but including questions concerning the interpretation of any provision of this chapter, decisions regarding certificates of zoning compliance, and decisions concerning the validity of a purported grandfathered use.
(4) Appeals shall be filed within 60 days of the decision in question at the township office.
(5) The Clerk shall transmit a copy of the appeal and relate the information to the Zoning Administrator within 7 days of the filing date.
(6) The Appellant shall submit a clear description of the order, requirement, decision, or determination from which the appeal is made and the grounds of the appeal.
(7) The appellant may be required to submit additional information to clarify the appeal.
(8) The Zoning Administrator shall transmit to the Board of Appeals copies of all papers constituting the record upon which the action appealed was taken 7 days prior to the next Zoning Board of Appeals meeting.
(B) Who may appeal. Appeals to the Zoning 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 Zoning Board of Appeals at the time of filing the notice of appeal which the Zoning Board of Appeals shall pay over, within 30 days after deciding any appeal, to the General Fund of the Township Board.
(D) Effect of appeal; restraining order. An appeal stays all proceedings in furtherance of the action appealed unless the officer from whom the appeal is taken certifies to the Zoning Board of Appeals, after the notice of appeal shall have been filed with him, 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 Zoning 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 Zoning Board of Appeals, the Zoning Administrator or Summit Township Clerk shall immediately place the request for appeal upon the calendar for hearing, which shall be at least 30 days prior to the next meeting as determined by the annually published hearing dates, and in accordance with § 150.348.
(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. The Zoning 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 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 Zoning Administrator or Township Board from whom the appeal is taken. The Zoning Board of Appeals’ decision of the appeals shall be in the form of a resolution, shall be committed, albeit effective upon passage and shall contain a full record of the findings and determination of the Zoning Board of Appeals in each particular case. Any person or party aggrieved by the resolution shall have the right to appeal to the circuit court within 30 days of the decision or question of law and fact.
(Ord. -, Article VII, § 7.5, passed 9-12-2006)