[Code 1974, § 81-3.4(A)]
The purpose of this division is to establish the procedures
by which an appeal of a decision or interpretation of the Director
of Community Planning and Development or the Planning Commission may
be made.
[Code 1974, § 81-3.4(B); Ord. No. 2007-12, 10-28-2007; Ord. No. 2009-04, 6-28-2009]
Except for decisions regarding special use permits and planned
unit development decisions, an aggrieved person, officer, department,
board, or bureau of state government may appeal any administrative
order or decision of the Director of Community Planning and Development
or administrative official charged with enforcement of the zoning
ordinance to the Zoning Board of Appeals. Appeals shall be made in
accordance with the following procedures:
(1) Procedures.
a. Notice of appeal. A notice of appeal is a written statement specifying
the grounds for appeal, the date of the decision, and supporting materials
related to the decision. A notice of appeal must be filed with the
Department of Community Planning and Development within 10 days of
the date of the decision of the Director of Community Planning and
Development.
b. Hearing. When a notice of appeal has been filed in proper form with
the Department of Community Planning and Development, it shall be
placed on the Zoning Board of Appeals' calendar for a hearing, as
applicable.
c. Notice of public hearing. Notices shall comply with the provisions outlined in Subsection
86-65(b) of the Code of Ordinances.
d. Decision. In its determination of the appeal, the decision shall
be made by a concurring vote of a majority of the members of the Zoning
Board of Appeals. The Zoning Board of Appeals may take, but is not
limited to, any of the following actions:
1.
Affirm the decision of the Director of Community Planning and
Development or administrative official with or without modification.
2.
Reverse the decision of the Director of Community Planning and
Development or administrative official and state its reason therefor.
3.
Modify the decision of the Director of Community Planning and
Development or administrative official.
e. Conditions. The Zoning Board of Appeals may require reasonable conditions
in its decisions in order to further the intent and purpose of this
chapter.
f. Notice of decision. The Director of Community Planning and Development
shall notify the parties making the request in writing of the Zoning
Board of Appeals' decision.
(2) Stay of proceedings. An appeal of any administrative order, requirement,
decision, or determination, stays all proceedings in furtherance of
the action appealed unless the Director of Community Planning and
Development, body, or officer certifies to the Zoning Board of Appeals
that, by reason of facts stated in the certificate, a stay would 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.
(3) Authority transferred. When the Zoning Board of Appeals is reviewing
a site plan; or an order, requirement, decision, interpretation, or
determination of the Director of Community Planning and Development
or administrative official, the board shall have all of the powers
of the director as to that appeal.
[Code 1974, § 81-3.4(C); Ord. No. 2007-12, 10-28-2007; Ord. No. 2009-04, 6-28-2009]
The decision of the Director of Community Planning and Development
to approve or deny a minor amendment to a special use permit or planned
unit development may be appealed by an aggrieved person to the body
making the original decision, Township Board or Planning Commission.
Appeals shall be made in accordance with the following procedures:
(1) Procedures for appeals to the Township Board or Planning Commission.
a. Notice of appeal. A notice of appeal is a written statement specifying
the grounds for appeal, the date of the decision, and supporting materials
related to the decision. A notice of appeal must be filed with the
Department of Community Planning and Development within 10 days of
the date of the decision made by the Director of Community Planning
and Development.
b. Hearing. When a notice of appeal has been filed in proper form with
the Department of Community Planning and Development, the request
shall be placed on the Township Board's or Planning Commission's agenda
for a hearing, as applicable.
c. Notice of public hearing. Notices shall comply with the provisions outlined in Subsection
86-65(b) of the Code of Ordinances.
d. Decision. In its determination of the appeal, the Township Board
or Planning Commission may take, but is not limited to, any of the
following actions:
1.
Affirm the decision of the Director of Community Planning and
Development with or without modification.
2.
Reverse the decision of the Director of Community Planning and
Development and state its reason therefor.
3.
Refer the matter back to the Director of Community Planning
and Development for further hearings or other action prior to final
determination of the appeal by the Township Board or Planning Commission.
4.
Refer the matter to the Zoning Board of Appeals if the issue
appears to be a matter of interpretation of the provisions of this
chapter.
e. Notice of decision. The Director of Community Planning and Development
shall notify the parties making the request in writing of the Township
Board's or Planning Commission's decision.
(2) Authority transferred. When the Township Board or Planning Commission
is reviewing the Director of Community Planning and Development's
approval or denial of a minor amendment to a special use permit or
planned unit development, the Township Board or Planning Commission
shall have all of the powers of the director.
[Code 1974, § 81-3.4(D); Ord. No. 2007-12, 10-28-2007; Ord. No. 2009-04, 6-28-2009]
An aggrieved person may appeal a decision of the Planning Commission
in the granting or denial of a special use permit to the Township
Board in accordance with the following procedures:
(1) Procedures.
a. Notice of appeal. A notice of appeal is a written statement specifying
the grounds for appeal, the date of the decision, and supporting materials
related to the decision. A notice of appeal must be filed with the
Department of Community Planning and Development within 10 days of
the date of the decision made by the Planning Commission.
b. Hearing. When a notice of appeal has been filed in proper form with
the Department of Community Planning and Development, the request
shall be placed on the Township Board's calendar for hearing within
30 days.
c. Notice of public hearing. Notices shall comply with the provisions outlined in Subsection
86-65(b) of the Code of Ordinances.
d. Decision. In its determination of the appeal, the Township Board
may take, but is not limited to, any of the following actions:
1.
Affirm the decision of the Planning Commission with or without
modification.
2.
Reverse the decision of the Planning Commission and state its
reason therefor.
3.
Refer the matter back to the Planning Commission for further
hearings or other action prior to final determination of the appeal
by the Township Board.
4.
Refer the matter to the Zoning Board of Appeals if the issue
appears to be a matter of interpretation of the provisions of this
chapter.
e. Notice of decision. The Director of Community Planning and Development
shall transmit in writing to the parties making the request notification
of the Township Board's decision.
(2) Authority transferred. When the Township Board is reviewing an appeal
from a decision of the Planning Commission on a special use permit
or a site plan approval, the Township Board shall have all of the
powers of the Planning Commission as to that appeal.