Boston Township

Appeals to the Board of Zoning Appeals may be taken by any person, firm or corporation, by any officer, board, or department of the Township to be adversely affected by any decision or action of the Zoning Inspector or by any administrative officer deciding matters relating to this Zoning Resolution. 907.01 Initiation of Appeal A notice of appeal shall be filed with the secretary of the Board of Zoning Appeals within twenty calendar days after the date of any adverse order, requirement, decision, or determination and shall be accompanied by payment of the required fee as set forth in the Zoning Fee Schedule adopted by the Township Trustees. Such written notice of appeal shall specify therein the grounds and reasons for the appeals. Upon the filing of any such appeal, the secretary shall forthwith notify the Zoning Inspectors of the action so appealed. Within seventy-two (72) hours, the Zoning Inspector shall transmit to the secretary all data pertaining to the subject matter upon which the action so appealed was taken. 907.02 Public Hearing by the Board When a notice of appeal has been filed in proper form with the Board of Zoning Appeals, the Secretary shall place the request upon the calendar for hearing, and shall cause notices stating the time, place, and object of the hearing to be served personally or by mail, addressed to the parties making the scheduled hearing. All notices shall be sent to addresses given in the application; otherwise to the addresses given in the last assessment roll. Not less than ten days prior to the date set for such hearing or appeal, written notice of such hearing shall be caused by the Board to be given by first class mail to any person, firm, or corporation owning premises located within five hundred (500) feet of the property line of the property which such appeal or application related. Failure of delivery of such notice shall not invalidate action taken on such application. Further notice shall be given in one or more newspapers of general circulation in the community at least ten (10) days before the date of said public hearing. The board may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of adjournment, no further notice shall be required. Any person in interest may appear at the public hearing in person or by attorney. The appellant, except the Township shall post security for cost of all action required for the hearing of the appeal. 907.03 Stay of Proceedings An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector shall certify to the Board of Zoning Appeals after the notice of the appeal has been filed, that by reason of the facts stated in the permit, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed by other than a restraining order granted by a court having lawful jurisdiction. 907.04 Decision of the Board Within its powers, the Board of Zoning Appeals may, by a favorable vote of three or more members, reverse or affirm, wholly or in part, or modify to be done, and to that end shall have all the powers of the officers from whom the appeals is taken, and it may direct the issuance of a permit. The Board shall render a decision on the appeal without unreasonable delay. 907.05 Notification of the Board’s Decision The secretary of the Board shall notify the appellant in writing of the decision of the Board. The Board shall keep minutes of all proceedings upon appeal, showing the vote of each member thereon, and shall keep records of its official actions.