MapLink™ | Procedures | Relief Applications and Decisions

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Relief Applications and Decisions
Applications for relief.
A. An application to the Board of Appeals for relief from an order, decision or determination by the Zoning Administrator, for a variance or for other relief available within the jurisdiction of the Board of Appeals, may be taken by any person aggrieved by such order, decision or determination or by the property owner or other party in interest of land, a building or structure, or any of them in combination, as to which grounds for available relief are asserted.
B. At the time an application is submitted, the applicant shall also pay the required application fee and shall make any required zoning escrow deposit for the purpose of reimbursing the Township for its expenses in the matter.
C. An application to appeal an order, decision or determination by the Zoning Administrator shall be filed not later than 30 days after such order, decision or determination was made.
D. An applicant shall apply for available relief from the Board of Appeals by means of an application form provided by the Township.
E. An application to the Board of Appeals shall include an accurate drawing, drawn to scale (and, for an application for a dimensional variance, a survey of the land prepared by a state-licensed surveyor depicting current and requested dimensions) or otherwise showing all relevant dimensions, buildings, structures and other land features pertaining to the relief requested, and depicting the proposed construction or other undertaking as to which relief or other action by the Board of Appeals is requested.
F. The application, together with the application fee, the zoning escrow deposit and the required accurate drawing, shall be submitted to the Zoning Administrator for review as to completeness and other compliance with the terms of this article. Upon the Zoning Administrator's determination that the application is complete, the matter shall be scheduled for public hearing by the Board of Appeals if all other required matters with respect to the application are in order.
G. The application shall be scheduled by the Board of Appeals for a public hearing or other specified public consideration within a reasonable time. Any required notice of public hearing shall be given in accordance with § 450-32.06: Publication and delivery of notice of public hearing.

Decisions by Board of Appeals.
A. The Board of Appeals shall decide all applications and appeals within a reasonable time.
B. The Board of Appeals may reverse or affirm, in whole or in part, or may modify the order, decision, or determination that is being appealed. For such purpose, the Board shall be deemed to have all the powers of the Township officer or body from whom the appeal was taken. In its decision, the Board of Appeals may direct the issuance of all relevant Township permits.
C. In cases of alleged practical difficulties or unnecessary hardship, the Board shall, if relief is warranted, grant only such relief as is necessary to relieve the practical difficulties or unnecessary hardship. Such decision shall be binding upon the Zoning Administrator or other Township officials having authority in the circumstances. The Township Building Official shall incorporate the terms and conditions of the Board of Appeals' decision in any permit issued to the applicant pursuant to the decision.
D. A decision of the Board of Appeals on an appeal from a Township officer or body shall be final; provided, however, that a party aggrieved by the Board of Appeals' decision may appeal to the Circuit Court within the time, to the extent and in the manner permitted by law.
E. The members of the Board of Appeals who are members of the Township Board and of the Planning Commission, respectively, shall not participate in or vote on matters that the members previously voted on in their respective capacities as Township Board member or Planning Commission member.
See Zoning Board of Appeals for more information on this board.