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Clearcreek Township Board of Zoning Appeals Rules and Regulations |
CLEARCREEK TOWNSHIP BOARD OF
ZONING APPEALS
RULES AND REGULATIONS
WHEREAS,
§519.15 of the Ohio Revised Code requires that a township board of zoning
appeals shall organize and adopt rules in accordance with the zoning
resolution, and
WHEREAS
Chapter 21 of the Clearcreek Township, Warren County, Ohio Zoning Code
(hereafter “Resolution”) provides for the establishment and powers of a Board
of Zoning Appeals, and
WHEREAS the
Clearcreek Township Board of Zoning Appeals (hereafter “Board”) wishes to
establish certain rules and regulations to effectuate its purpose, provide
consistency for its proceedings, and uniformity in its decisions,
NOW,
THEREFORE, the Clearcreek Township Board of Zoning Appeals hereby adopts these
rules and regulations to be applied to all proceedings of the Board.
The Clearcreek Township Board of Zoning Appeals
shall be comprised of five Full members, appointed for a five-year term, who
shall be residents of Clearcreek Township, Warren County, Ohio.
To help assure the presence of a quorum at
meetings of the Board, there shall be two Alternate members, appointed for a
two-year term, who shall be residents of Clearcreek Township, Warren County,
Ohio. Alternate members shall be required to attend all public meetings, and
all public hearings of the Board.
The Board
shall organize annually at the first meeting held after the beginning of each
calendar year for the purpose of electing officers. Officers shall serve a term of one year. There shall be a Chairperson and a
Vice-Chairperson elected. The Board
reserves the right to designate a Secretary.
With the
advise and consent of the Board, subject to these Rules and Regulations, the
Chairperson shall communicate with the Board of Trustees, Township
administration staff, and other individuals regarding official business of the
Board.
The
Chairperson shall preside at all meetings and hearings of the Board. In the absence of the Chairperson, the
Vice-Chairperson shall act as presiding officer.
The Board
may compel the attendance of witnesses and shall administer oaths to witnesses
and other individuals appearing before the Board.
Subject to
these Rules and Regulations, the Chairperson shall decide all points of order
and procedure, unless overruled by a majority of the Board in session at that
time.
With the
approval of the Board, the Chairperson shall have the authority to appoint any
committees deemed necessary to further business of the Board.
Whenever
possible, all members of the Board shall have the authority to make personal
inspections when necessary for the proper consideration of cases.
The
Chairperson presiding at the meeting or hearing shall sign the Minutes and
other documents adopted, taken, or approved by the Board.
Full and Alternate members shall be reimbursed
for attending meetings at a rate determined by the Clearcreek Township Board of
Trustees.
Alternate members shall be subject to all of the
conditions in Article VI Conduct Of Board Members.
When all five Full members of the Board are
present:
A.
A. Alternate members shall be seated at a location separate
from the regular members.
B.
B. Alternate members may ask questions and otherwise
participate in discussions during any public hearing.
C.
C. Alternate members shall not participate in any deliberations
or discussions of the Board during any public meeting.
A Full member of the Board shall be deemed to be
absent when:
A.
A. A Full member has advised township staff of the member’s
absence prior to a scheduled meeting.
B.
B. A Full member is not present at the time of roll call.
When a Full member of the
Board is absent, the chairperson shall designate an alternate to take the Full
member’s place. During the course of the calendar year, the chairperson shall
attempt to give each Alternate member equal opportunity to serve when Full
members are absent.
When a Full member of the Board is absent and an
Alternate member has been designated to take that member’s place:
A.
A. In the event a Full member enters a meeting after being
declared absent and replaced by an Alternate member, the Full member shall
assume the role of an Alternate member unless the Board is convened with fewer
than five members.
B.
B. Alternate members shall continue in the place of an absent
Full member to the conclusion of the issue before the Board, even if that issue
is continued to a later date.
III. AVAILABILITY OF
RULES AND REGULATIONS
A certified
copy of these Rules and Regulations of the Board, in current form, shall be
available in the office of the township administration as a public record. Additional copies shall be provided to
members of the Board and made available to the public on request.
The Zoning
Administrator (hereafter Administrator), or his authorized assistants, shall
have the following duties and responsibilities relating to appeals,
applications, and other Board business:
The
Administrator shall receive all appeals and applications and examine the
documents and other materials submitted therewith to assure that it is complete
and that required maps, plans, or reports are in good order, and in sufficient
quantity.
The
Administrator shall be responsible for docketing, placing matters on the
calendar, and preparation and publication of public notice of the hearing in
one or more newspapers of general circulation as selected by the Board.
Any
correspondence reasonably necessary and/or appropriate to carry out these
functions shall be handled by the Administrator and copies of correspondence
received and sent shall be provided to the Chairperson.
The
Administrator shall take minutes at all Board meetings and provide a written
summary to each member of the Board to be approved.
Thereafter,
the Administrator shall prepare a Report to the Board for each appeal or
application outlining the facts of the matter, a procedural history, and a
detailed analysis of the reasons relating to the action or inaction taken by
the staff. Unless specifically
requested by the Board during a hearing, the Report shall not include an
opinion or recommendation.
The Warren
County Prosecuting Attorney shall provide legal advice to the Board as to
matters under its jurisdiction and may, upon request of the Board, assist in
questioning witnesses. Advice of
counsel shall be received and entered in the minutes before disposition of any
question of law or matter requiring legal interpretation or advice.
No member
of the Board shall represent an applicant or appellant on matters upon which
the Board is to make determinations.
No member
of the Board shall participate in any case in which he/she has financial or
personal interest in the property or action concerned, or will be directly
affected by the decision, or has or believes he/she has any other conflict of
interest. Similarly, no member of the
Board shall attempt to influence a decision of the Board in any case in which
he/she has such a conflict of interest.
If there is
a question regarding the existence of a conflict of interest, the Board member
shall bring the issue to the attention of the Chairperson. If there is reasonable doubt regarding
whether the conflict justifies disqualification, advice shall be sought from
legal counsel.
A member
may disqualify him/herself from voting whenever any applicant, or his/her
agent, has sought to influence the vote of the member on the appeal or
application, other than in the public hearing.
Board
members may seek information from other members or staff, prior to the public
hearing, but no member shall discuss the case with any other parties prior to
the public hearing, or express any bias, prejudice, or individual opinion of
the case prior to its hearing and determination.
No Board
member shall vote on any matter deciding an application or appeal except after
attending the public hearing, including any continuation of the hearing, on the
application or appeal.
Full and
Alternate board members may participate in discussions or offer comments, clarifications,
and/or modifications regarding draft minutes or draft decisions, regardless of
the extent of their attendance or participation.
Full and Alternate members present at the
meeting in question have the authorization to approve or modify minutes.
The approval of the minutes approves an
associated decision. Changes or
modification to the minutes shall be incorporated and reflected in an
associated decision.
Meetings of
the Board shall be held, as necessary, on the second Tuesday of each month, at
the call of the Chairperson, and at such other times as the Board determines.
All
meetings of the Board shall be open to the public.
The
Secretary shall keep minutes of the proceedings showing the vote of each member
upon each question, or, if absent or failing to vote, indicating such fact, and
shall keep records of its examinations and other official actions. Such minutes and records shall be signed by
the Chairperson and immediately filed in the office of the Board of Trustees as
a public record.
All
meetings of the Board shall be audio recorded.
Any party wishing to bring a stenographer to the hearing shall notify
the Administrator in advance so that suitable arrangements may be made to
accommodate the stenographer.
Appeals to the Board may be taken by any person
aggrieved or by any resident of the
Township affected by any decision of an administrative or
zoning officer.
Every
appeal shall be filed in writing by a person having legal and/or equitable
interest in the property affected or by an attorney representing said
person. An officer of a corporation may
file an appeal on behalf of a corporation having legal and/or equitable
interest in the property affected.
However, a corporation must be represented by legal counsel at the
public hearing. An attorney or a person
having legal and/or equitable interest in the property affected must be present
at the public hearing.
All
applications and appeals shall be submitted on forms approved by the
Board. No appeal shall be docketed and
set for public hearing until all fees, required forms, and supporting
documentation have been provided.
Such appeal
shall be taken within twenty days after the decision by filing, with the
officer from whom the appeal is taken, a notice of appeal specifying the
grounds.
No appeal
shall be entertained where an appeal has been previously determined involving
the same premises and zoning issue, except where new plans or facts and
circumstances are presented showing changed conditions which, in the opinion of
the Board, warrant the filing of such appeal.
The officer
from whom the appeal is taken shall forthwith transmit to the Board all the papers
constituting the record upon which the action appealed from was taken.
IX. SCHEDULING OF HEARINGS AND MEETINGS
The Board shall fix a reasonable time for the
public hearing of an appeal, give at least ten
(10) days notice in writing to the parties in interest, give
notice of such public hearing by one publication in one or more newspapers of
general circulation as selected by the Board in the county at least ten (10)
days before the date of such hearing.
Any meeting
of the Board may be recessed or adjourned from day to day, or to the day of any
previously announced meeting, and any such recess or adjournment to a time and
place certain shall not require additional public notice. Those members of the Board who attend a
first hearing date shall have priority in attending and participating in a
recessed or adjourned meeting.
If it is
apparent that no business is scheduled before the Board or that a quorum will
not be available, any meeting may be canceled by the Chairperson upon
reasonable notice.
Three
members of the Board shall constitute a quorum.
The order
of business for each meeting of the Board shall be as follows:
a. Call to order and roll call
b.
b. Approval of the minutes of the previous meeting
c.
c.
Continued hearings, which shall be heard in the
order in which they were filed, with consideration and determination
c.
c.
New hearings, which shall be heard in the order
in which they were filed, with consideration and determination
e. Old business
f. New business
g. Adjournment
All
individuals appearing before the Board shall sign a sheet with their name and
address.
The
applicant or appellant, or attorney representing same, shall be heard first,
the Administrator or his representative shall be heard next, and thereafter any
persons appearing, first in favor and second in opposition to the appeal. The applicant or appellant may present a
rebuttal. The hearing shall then be
closed.
No person
shall address the Board until recognized by the Chairperson. Each side shall proceed without interruption
by the other. There shall be no
questioning or argument between individuals in the audience. The length of presentation and number of
witnesses may be limited by the Board in its discretion.
The
Chairperson shall rule on all questions relating to the admissibility of
evidence, but may be overruled by a majority of the Board members present. The Board shall not be bound by strict rules
of evidence, but may exclude irrelevant, immaterial, incompetent, or
repetitious testimony or evidence.
At the
conclusion of the hearing on each case, the Board shall examine the evidence
before it in relation to findings required and make its decision.
The
Chairperson may elect, subject to being overruled by a majority of the Board in
attendance on motion duly made, seconded, and passed:
a. To proceed immediately to determination and
decision
b. To defer determination and decision until
later in the same meeting
c. To defer determination and decision to a
subsequent meeting
Decisions,
including any conditions relating thereto, shall be made by a motion which
shall be seconded. All motions shall be
sufficiently detailed for the record and set forth adequate findings of fact
and conclusions of law upon which it is based.
The Chairperson will then preside over a discussion amongst Board members
relating to the case. Members of the
Board shall be permitted to freely state their opinions and ask any
questions. Thereafter, the Chairperson
shall instruct the Secretary to call the roll for a vote.
If at least
three members of the Board concur upon the pending motion in deciding a case,
then said motion shall have been passed.
If less than three members of the Board concur upon the pending motion
in deciding a case, then said motion shall have failed. A vote of abstention shall not be counted as
a concurring vote. A tie vote shall
result in a failure of the motion.
Written notice by certified mail of the Board
decision shall be given to the applicant or appellant and to the Administrator,
and to other interested parties who have requested such notice, by ordinary
mail, as directed by the Board as soon as reasonably possible after the
decision is reached, but no later than seven (7) days after the decision has
been made.
As
conditions to a variance or conditional use permit granted or approved, the
Board may establish priorities for all or part of the actions proposed in
relation to the variance or conditional use permit.
The Board
also may set time limits within which all or part of the actions proposed shall
be begun and/or completed.
As part of
such conditions relating to time limits, the Board may require performance
bonding or other surety in amount and form appropriate to the circumstances of
the case. Such bonding or other surety
may also be required to assure continued maintenance of facilities required as
conditions or safeguards.
Upon
expiration of time limits, unless an extension has been granted by the Board,
the variance or conditional use permit shall expire and become void, together
with all permits issued pursuant thereto, and construction shall cease unless
the Administrator determines that a stay of further construction would cause
imminent peril to life or property, in which case construction under the permit
shall continue until such peril is removed.
Where time
limits have expired and a variance or conditional use permit has been voided, a
new appeal or application may be submitted to the Board.
Applications
for an extension of time must be made, in writing, at least twenty (20) days
before time limits expire, setting forth the facts and circumstances
necessitating the request. The Board
will convene a special meeting to consider the request.
XIV. REQUESTS TO WITHDRAW OR AMEND APPEAL OR APPLICATION
On written request of the applicant, appellant,
or authorized agent, an appeal or
application may be withdrawn at any time before the Board
makes its decision in a case.
Applicants,
appellants, or their authorized agents may amend applications or appeals in any
lawful manner on written request delivered to the Board not less than ten days
prior to the scheduled public hearing.
If an amendment is timely presented, the Chairperson shall determine
whether there is a substantial difference between the case as it has been
described in the public notice and the case as amended. If substantial difference is found, a new
public notice shall be issued, with fees paid by the applicant or appellant,
before the hearing of the case may proceed.
XV. DEFERRALS AND CONTINUANCES
On its own
motion, or on approval of requests by applicants, appellants, or their
authorized agents, the Board may defer the hearing of cases or provide for
later continuance of cases on which hearings have begun. Such deferrals or continuances shall be
permitted only for good cause and, until time and place is stated, shall
require new public notice, with fees paid by applicants or appellants if
deferrals or continuances are at their request or result from their actions.
XVI. AMENDMENTS TO RULES
AND REGULATIONS
These Rules
and Regulations may be amended by the affirmative vote of at least four members
of the Board where such amendment would be contrary to a requirement or
limitation set by law or the zoning Resolution or is otherwise desired. An amendment may be proposed at any meeting
of the Board and shall not be acted upon until the following meeting. Not less than seven days prior to the
meeting at which the amendment is to be voted upon, members shall be sent a
copy of such proposed change.
Upon
approval by the Board of an amendment to these Rules and Regulations, it shall
be forwarded by the Chair to the Clearcreek Township Board of Trustees for
consideration in compliance with Section 21.02(B)(3) of the Zoning
Resolution. The Trustees will consider
the approved proposed amendment at their next scheduled for formal
incorporation. The Resolution of the
Trustees will be forwarded back to the Board.
At its next meeting, the Board must approve the Resolution of the
Trustees by a majority vote to validate the amendment.