76-614. Appeals procedures.

An appeal shall be filed with the officer or commission from whom the appeal is taken and with the zoning board of appeals specifying the ground for the appeal. The applicant shall file with the zoning board of appeals, in writing or on forms furnished by the planning administrator or planning commission, giving notice of appeal and specifying the grounds thereof.

The officer or commission from whom the appeal is taken shall forthwith transmit to the zoning board of appeals all papers constituting the record upon which the appeal is taken.

An appeal stays all proceedings in furtherance of the action appealed from unless the officer or commission from whom the appeal is taken certifies to the board, after the notice of appeal shall have been filed with him, that by reasons of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by restraining order which may be granted by the board, or by the circuit court, on application, on notice to the officer from whom the appeal is taken, and on due cause shown.

Such appeal may be taken by any person aggrieved by any officer, department, commission, board or agency of the township charged with the administration or enforcement of this chapter.

The zoning board of appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The zoning board of appeals may reverse or affirm, wholly or partly, or may modify 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 power of the officer from whom the appeal was taken and may issue or direct issuance of a permit. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of such ordinance, the board shall have the power in passing upon appeals to vary or modify any of its rules, regulations or provisions so that the spirit of this chapter shall be observed, public safety secured and substantial justice done. The decision of such zoning board of appeals shall be final. However, a person having an interest affected by the zoning ordinance may appeal to the circuit court in a manner consistent with the provisions of Act 110, Public Acts of 2006, as amended.

The concurring vote of a majority of the members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or commission.

All actions of the board shall be stated in the minutes or otherwise in writing.