Hopkins Township City Zoning Code
BOARD OF
APPEALS
§ 157.380 CREATION.
(A) There is hereby created, under the Zoning Act, a Township Board of Appeals, referred to in this chapter as the “Board of Appeals”.
(B) The Board of Appeals shall consist of three members, and shall be constituted and appointed as provided in the Zoning Act.
(Prior Code, Ch. XV, § 16.01) (Ord. 1977-1, passed 10-10-1977)
§ 157.381 POWERS AND DUTIES OF THE BOARD OF APPEALS.
The Board of Appeals shall have all the powers and duties prescribed by law and by this subchapter which are more particularly specified as follows:
(A) Interpretation. Upon appeal from a decision by an administrative official or the Zoning Inspector, to decide any question involving the interpretation of any provisions of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto;
(B) Variances. To authorize a variance or modification of this chapter where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter so that the spirit of this chapter shall be observed, public safety secured and substantial justice done; and
(C) Appeals. Upon appeal from a decision by a petitioner, the Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official or body charged with enforcement of a zoning ordinance.
(Prior Code, Ch. XV, § 16.02) (Ord. 1977-1, passed 10-10-1977; Ord. 2001-1, passed 7-17-2001; Ord. 2012-1, passed 11-5-2012)
§ 157.382 COMPENSATION.
Each member shall receive a reasonable sum as determined by the Township Board for his or her services in attending each regular or special meeting of said Board; sums to pay said compensation and the expenses of the Board shall be provided annually in advance by the Township Board.
(Prior Code, Ch. XV, § 16.03) (Ord. 1977-1, passed 10-10-1977)
§ 157.383 REMOVAL.
Members of the Board of Appeals may be removed by the Township Board for non-performance of duty or misconduct in office upon written charges and after public hearing.
(Prior Code, Ch. XV, § 16.04) (Ord. 1977-1, passed 10-10-1977)
§ 157.384 MEETINGS; RECORDS.
Meetings of the Board of Appeals shall be held at the call of the Chairperson and at such other times as the Board in rules of procedure may specify. The Chairperson or, in his or her absence, the acting Chairperson may administer oaths and compel the attendance of witnesses. All meetings of the Board of Appeals shall be open to the public. The Board shall maintain a record of its proceedings which shall be filed in the office of the Township Clerk and which shall be a public record.
(Prior Code, Ch. XV, § 16.05) (Ord. 1977-1, passed 10-10-1977)
§ 157.385 PROCEDURE.
(A) The presence of three members shall constitute a quorum, and the concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant in any matter upon which it is required to pass under this chapter or to effect any variation in such ordinance.
(B) Applications or appeals shall be taken within such time as shall be prescribed by the Board of Appeals by general rule by filing with the Zoning Inspector and with the Board of Appeals of a notice of application or appeal specifying the grounds thereof. The Zoning Inspector shall forthwith transmit to the Board all the papers constituting the record from which the application or appeal was taken.
(C) When an application or appeal has been filed in proper form and with the required date, the Secretary of the Board shall place said application or appeal on the calendar for hearing by first class mail, postage prepaid, to the address provided in the last assessment roll. For purposes of this chapter, the owner of the property is conclusively presumed to be the party listed on the last assessment roll. Personal service is achieved if the notice is delivered to any adult at the address provided in the last assessment roll. Notices shall be served upon the applicant or appellant, the Building or Zoning Inspector and the owners of property within 300 feet of the premises in question. In the event of any property immediately adjacent to said premises shall be part of a different governmental subdivision, the owner of such property shall nevertheless receive notice and shall be entitled to be heard.
(D) Upon the day for hearing any application or appeal, the Board may adjourn the hearing in order to permit the obtaining of additional information or to cause such further notice as it deems proper to be served upon such other property owners as it decides may be interested in said application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of said hearing.
(E) Upon the hearing, any party may be heard in person or by agent or attorney.
(F) The Board 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 powers of the officer from whom the appeal was taken and may issue or direct the issuance of a permit.
(G) The decision of the Board shall not be final until five days after it is made and any person having an interest affected by any such decision shall have the right to appeal to the Circuit Court on questions of law and fact during said period.
(H) Each appeal or application for variance or a special use permit shall be accompanied by a filing fee determined by the Township Board which shall be deposited by the Zoning Administrator with the Township Treasurer.
(Prior Code, Ch. XV, § 16.06) (Ord. 1977-1, passed 10-10-1977; Ord. 2001-1, passed 7-17-2001)
§ 157.386 STAY OF PROCEEDINGS.
An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Inspector certifies to the Board of Appeals after the notice of appeal shall have been filed with him or her 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 otherwise than by a restraining order which may be granted by the Board of Appeals or by the Circuit Court, on application, on notice to the Zoning Inspector and on due cause shown.
(Prior Code, Ch. XV, § 16.07) (Ord. 1977-1, passed 10-10-1977)
§ 157.387 CONDITIONS OF APPROVAL.
In granting a variance, the Board of Appeals may impose and attach such conditions, restrictions, and requirements as it shall deem are necessary and/or appropriate. In authorizing a variance or exception, the Board may, in addition to the conditions of approval called for in this chapter, attach thereto such other conditions regarding the location, character, landscaping or treatment reasonably necessary to the furtherance of the intent and spirit of this chapter and the protection of the public interest, including the right to authorize such variance or exception for a limited period of time.
(Prior Code, Ch. XV, § 16.08) (Ord. 1977-1, passed 10-10-1977; Ord. 1981-2, passed 12-14-1981)
§ 157.388 TIME LIMIT ON VARIANCES.
Any variance or exception granted by the Board of Appeals shall automatically become null and void after a period of 12 months from the date granted unless the applicant shall have taken substantial steps towards effecting the variance within said period; provided, however, that, the Board of Appeals may extend such period for a further period of time not exceeding one year upon application and without further notice.
(Prior Code, Ch. XV, § 16.09) (Ord. 1977-1, passed 10-10-1977)
§ 157.389 VARIANCE PERMITTED.
(A) Where there are practical difficulties or unnecessary hardship in carrying out the strict letter of this chapter, the Board of Appeals shall have power to vary or modify any of the provisions hereof so that the spirit of the chapter shall be observed, public safety promoted and substantial justice done.
(B) The Board of Appeals may grant such variances only upon finding that all of the following conditions exist:
(1) Where it is alleged that, by reason of the exceptional narrowness, shallowness or shape of a specific parcel of property or by reason of exceptional topographic conditions or other extraordinary situation of the land or structure or of the use of property immediately adjoining the property in question, the literal enforcement of this chapter would involve practical difficulties or would cause undue hardship, provided that the Board of Appeals shall not grant a variance on a lot if the owner or members of his or her family own or owned adjacent land which could, without undue hardship, be included as part of the lot;
(2) Where it is alleged that there is practical difficulty or unnecessary hardship in carrying out the strict letter of this chapter and a request made to vary such regulations, so that the spirit of this chapter shall be observed, public safety secured and substantial justice done; and
(3) Where it is alleged that the condition or situation of the specific piece of property or the intended use of said property for which the variance is sought is not so general or recurrent in nature as to make reasonably practicable the formulation of a general regulation for such condition or situation in this chapter.
(Prior Code, Ch. XV, § 16.10) (Ord. 1977-1, passed 10-10-1977)
§ 157.390 VARIANCES PROHIBITED.
No variance in the provisions or requirements of this chapter shall be effected by the Board of Appeals unless it finds from reasonable evidence that such variance will not be of substantial detriment to adjacent property and will not materially impair the intent and purpose of this chapter or of the public health, safety and welfare and, further that, at least two of the following facts and conditions exist:
(A) There exists exceptional or extraordinary circumstances or conditions applying to the specific property that do no apply generally to other properties in the same zone;
(B) Such variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the zone; provided that, increased financial return shall not be deemed sufficient to warrant a variance; and
(C) The condition or situation of the specific property or the intended use is not of so general or recurrent a nature as to make reasonably practical a general regulation as part of this chapter.
(Prior Code, Ch. XV, § 16.11) (Ord. 1977-1, passed 10-10-1977)