§ 282-12. Variance and appeal procedures.

A. 

A person who is aggrieved by a decision of the Department of Community Development or Township police concerning any provision of this chapter may appeal the decision to the Planning Commission. The Planning Commission may reverse, affirm or modify the approval granted by the Department of Community Development or Township police.

B. 

A person who is aggrieved by the decision of the Planning Commission concerning any provision of this chapter may make an appeal to the Zoning Board of Appeals.

C. 

All appeals must be filed, in writing, within 30 days following the decision.

D. 

The Zoning Board of Appeals, based upon its appellate review, may reverse, affirm or modify the decision made by the Planning Commission.

E. 

Variances and appeals shall be granted only in accordance with:

(1) 

Compliance with the strict letter of the restrictions governing use of the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome. The showing of mere inconvenience is insufficient to justify a variance or an appeal.

(2) 

The requested variance or appeal can be granted in such fashion that the spirit of the chapter will be observed and public safety and welfare secured.

(3) 

In deciding upon an appeal from an action taken by an administrative official or body, the Zoning Board of Appeals shall determine if the administrative official or body has made an error in any order, requirement, decision or determination in the enforcement and/or interpretation of the chapter.