§ 18.4. Appeal and notice requirements.

1.

An appeal may be taken to the zoning board of appeals by any person, firm or corporation, or by any officer, department, board, or bureau affected by a decision of the building official. Such appeal shall be taken within such time as shall be prescribed by the zoning board of appeals by general rule, by filing with the building official, a notice of appeal, specifying the grounds thereof. The building official shall forthwith transmit to the zoning board of appeals, all of the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless the building official certifies to the zoning board of appeals, after notice of appeal has been filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case, the proceedings shall not be stayed, otherwise than by a restraining order which may be granted by a court of record.

2.

The zoning board of appeals shall select a reasonable time and place for the hearing of the appeal and give due notice of the appeal to the parties, and to whom real property within 300 feet of the premises in question is assessed, and to the occupants of single- and two-family dwellings within 300 feet, the notice to be delivered personally, or by mail, addressed to the respective owners and tenants at the address given in the last assessment role. The zoning board of appeals shall decide the appeal within a reasonable time. If the tenants name is unknown, the term "occupant" may be used. Public notice of the time, date, and place of the hearing shall also be given in the manner required by Act 267 of the Public Acts of 1976, and by insertion in a newspaper of general circulation in the city 15 days prior to said hearing date. Such notice shall contain the address, if available, and the location of the property for which the ruling of the zoning board of appeals is sought, as well as a brief description of the nature of the appeal. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.

3.

No appeal shall be taken to the zoning board of appeals from a decision of the planning commission in connection with an approved site plan unless such appeal has first been reviewed by the planning commission and a recommendation on the variance is provided by the planning commission.