RULES
The membership,
powers and duties of the Clearcreek Township Zoning Commission are prescribed in
chapter 519 of the Ohio Revised Code.
The Zoning
Commission shall be composed of five (5) members who reside in the
unincorporated area of the township, to be appointed by the Board of Trustees.
The terms of the regular members shall be of such length and so arranged that
the term of one member will expire each year.
The Zoning Commission
shall organize by naming a Chairperson and Vice-Chairperson and such other
officers, as it may deem necessary.
A chairperson
and vice-chairperson shall be elected by a majority of the zoning commission
members annually at the regular meeting in April and shall hold office for a
period of one year, unless the chairperson or vice-chairperson, due to unusual
or extenuating circumstances, must leave office prior to this time. If an officer of the Commission must
resign, a special election will be held, after all full members appointments
have been filled. This special election will be held during a regular meeting of
the zoning commission. The Clearcreek Township Director of Planning and Zoning
or his/her designee shall serve as the Secretary of the Clearcreek Township
Zoning Commission.
The
Chairperson, or in his/her absence, the Vice-Chairperson shall preside at all
meetings of the Zoning Commission. The Chairperson, subject to these rules,
shall decide all points of procedure unless otherwise directed by the majority
of the Commission in session at that time and perform all other duties required
by law, resolution, or these rules.
The Secretary
of the Zoning Commission, subject to the direction of the Zoning Commission,
shall conduct all correspondence of the Zoning Commission, keep all records, and
send out all notices required by law, resolution or these
rules.
An alternate
appointed to the Clearcreek Township Zoning Commission shall serve for a
two-year term.
Alternate
members of the Clearcreek Township Zoning Commission shall be required to attend
all regular and special meetings and all public hearings of the Zoning
Commission. The expenses of alternate members for attending meetings shall be
reimbursed in the same manner as regular members of the Zoning
Commission.
When all five
regular members of the Zoning Commission are present:
1.
Alternate
members shall be seated at a location separate from the regular
members.
2.
Alternate
members may ask questions and otherwise participate in discussion during any
public hearing.
3.
Alternate
members shall not participate in any deliberations or discussions of the Zoning
Commission during any public meeting.
Alternate
members shall not express any opinion about a vote pending before the Zoning
Commission or publicly speculate about the vote on any issue after the Zoning
Commission has decided it.
A regular
member of the Zoning Commission shall be deemed to be absent
when:
1.
A regular
member has advised township staff of their absence prior to a scheduled
meeting.
2.
A regular
member is not present within ten (10) minutes of the scheduled meeting starting
time.
When a regular
member of the Zoning Commission is absent and an alternate member takes that
member's place:
1.
In the event a
regular member enters a meeting after being declared absent and replaced by an
alternate member, the regular member shall assume the role of an alternate
member unless the Zoning Commission is convened with less than five (5)
members.
2.
Alternate
members shall continue in place of absent regular members to the conclusion of
the issue before the Zoning Commission, even if that issue is continued to a
later date.
No member of
the Zoning Commission shall represent an applicant on the matters upon which the
Zoning Commission is to make decisions.
No member of
the Zoning Commission 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 Zoning Commission shall
attempt to influence a decision of the Zoning Commission 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 Zoning
Commissioner shall bring the issue to the attention of the Chairperson. If there
is a reasonable doubt regarding whether the conflict justifies disqualification,
advice shall be sought from legal counsel.
A Zoning
Commissioner may disqualify his/herself from voting whenever any applicant, or
his/her agent, has sought to influence the vote of the Zoning Commissioner on
the application, other than in the public hearing.
Zoning
Commissioners may seek information from other Zoning Commissioners or staff,
prior to the public hearing, but no Zoning Commissioner shall discuss the case
with any other parties prior to the public hearing, or express any bias,
prejudice, or individual opinion of the application prior to its
hearing.
No Zoning
Commissioner shall vote on any matter deciding an application except after
attending the public hearing, including any continuation of the hearing on the
application.
Regular
meetings of the Clearcreek Township Zoning Commission shall be held on the first
Tuesday of each month at 6:30 P.M. or on such other day as shall be determined
by the Zoning Commission. The first
Tuesday during the months of February, May, August and November are designated
as election days. If an election is scheduled, the meeting will take place on
the first Monday for that month. All meetings of the Zoning Commission
shall be open to the public, and notice thereof shall be given and hearings held
in accordance with Section 519.12 of the Ohio Revised Code and with the Open
Meeting Act. A schedule of regular meetings shall be posted in the Township
Government Center.
Meetings may be
called by the Secretary or the Chairperson, or as the Zoning Commission may
determine. Meeting notices, including a summary of the purpose of said meeting,
shall be posted in the manner provided above.
In the event
that there is no application for a zoning amendment or other important business
to be considered at any regular meeting, other than the regular organization
meeting, the Secretary may dispense with such meeting by notifying each member
of the Zoning Commission.
A quorum of the Zoning Commission shall
consist of no less than three (3) members. Such quorum may exercise the powers
of the Zoning Commission. The action of a majority of the full Zoning Commission
is the action of the Zoning Commission. All actions of the Zoning Commission
shall have the concurrence of at least two (2) members in order to be affirmed.
All actions or motions that do not receive a majority vote fail. A vote of abstention shall not be counted as a
concurring vote. Recommendations to the Board of Trustees are to be an
affirmative action (approve, deny or modify). Recommendations shall be so
recorded and transmitted to the Township Trustees within thirty days after the
close of the hearing.
The Secretary
shall keep minutes of the Zoning Commission’s proceedings showing the vote of
each member upon each question, or if absent or failing to vote indicating such
fact.
The Chairperson
or Vice-Chairperson presiding over all meetings of the Zoning Commission shall
have the same privilege of originating and seconding motions, voting on all
matters, and participating in discussions and procedures, as allowed to all
other members of the Zoning Commission, without relinquishing the
chair.
The order of
business at regular meetings shall be as follows:
1.
Roll
call
2.
Fill vacant
voting seat with alternate members if applicable
3.
Approval of
minutes of previous meeting
4.
Public hearing
of case(s)
A.
Close public
meeting.
B.
Open public
hearing.
C.
Identify
request.
D.
Ask Commission
members to identify if they visited site or have knowledge of
site.
E.
Ask staff if
required legal notifications for the application were
completed.
F.
Staff
presentation.
G.
Warren County
Regional Planning Commission recommendation presented.
H.
Applicant
presentation.
I.
Proponent
statements.
J.
Opponent
statements.
K. Applicant
rebuttal.
L.
Additional
comments from public.
M.
Recess public
hearing in process.
N. Reopen public
meeting.
O. Discussion of
case by only voting members of commission.
P.
If it is
decided that there is enough information to make a decision, chair closes the
public hearing and proceeds to letter “Q”. If there isn’t enough information to
make a decision, chair asks for a motion to table the application to a date
specific time. The motion must receive a second and be voted
upon.
Q. Voting
commissioner makes motion to approve, deny or modify submitted request,
conditions if planned unit development (PUD), with
rationale.
R.
Voting
commissioner seconds motion.
S.
Roll call vote.
5.
Public meeting
of case(s)
A.
Identify
request.
B.
Ask Commission
members to identify if they visited site or have knowledge of
site.
C.
Ask staff if
required legal notifications for the application were
completed.
D.
Staff
presentation.
E.
Warren County
Regional Planning Commission recommendation presented.
F.
Applicant
presentation.
G.
Proponent
statements.
H.
Opponent
statements.
I.
Applicant
rebuttal.
J.
Additional
comments from public.
K. Discussion of
case by only voting members of commission.
L.
If it is
decided that there is enough information to make a decision proceed to letter
“M”. If there isn’t enough information to make a decision, chair asks for a
motion to table the application to a date specific time. The motion must receive
a second and be voted upon.
M.
Voting
commissioner makes motion to approve, deny or modify submitted request,
conditions if planned unit development (PUD), with
rationale.
N. Voting
commissioner seconds motion.
O. Roll call vote.
6.
Unfinished
business.
7.
New
business
A.
Trustee action
updates.
B.
Issues from the
commission.
C.
Issues from the
public.
8.
Adjournment.
The applicant
for any amendment to the Zoning Resolution shall file an application with the
Clearcreek Township Planning and Zoning Department. Such applications shall be
accompanied by payment as outlined in the Clearcreek Township Trustee Fee
Schedule Resolution to cover the cost of holding the public hearing thereon,
including personnel costs, and including advertising and legal notices as
required by law or otherwise in connection with said amendment. No application
shall be processed until such fee is paid, and no part of the fee shall be
refunded after three (3) days of filing the application. Such application shall
be in writing and signed by the applicant or his/her attorney or agent. Such
application shall be made and submitted on forms furnished by the Clearcreek
Township Planning and Zoning Department and be concise, containing all pertinent
facts in detail. An applicant may appear in his/her own behalf or be represented
by an agent or attorney at the hearing.
Applications
for zoning actions authorized to be made by the Zoning Commission shall be on
file with the Planning and Zoning Department.
An application
for a change of classification which has been disapproved by the Board of
Trustees, or if approved by said Trustees and subsequently defeated through
referendum by the political subdivision concerned, shall not again be filed for
the purposes of changing the zoning classification of all or any part of the
same property within a period of twelve (12) months from the date of the
Trustees action or the date of such referendum election, unless such action for
change shall be for a more restrictive classification than last applied
for.
Applicants, or their authorized agents may amend applications on written
request delivered to the Zoning Commission not less than ten (10) 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 application as it has been described in the
public notice and the application as amended. If substantial difference is found, a
new public notice shall be issued, with fees paid by the applicant or authorized
agent, before the hearing of the case may proceed. On written request of the
applicant, or authorized agent, an application may be withdrawn at any time
before the Zoning Commission makes its decision on the
application.
Hearings of the
Clearcreek Township Zoning Commission shall be held and notices thereof given in
accordance with Section 519.12 of the Ohio Revised Code. The public notice shall
clearly state the nature of the request involved.
The Secretary
shall establish the time and place of each hearing with the approval of the
Zoning Commission, and in accordance with Section 519.12 of the Ohio Revised
Code.
In any
application where the Zoning Commission may deem it necessary or desirable to
continue a hearing, such hearing may be recessed, continued, or postponed. In
such instances, public announcement of the date and time of the continuance or
postponement shall be given before the meeting is adjourned. This action will
negate the need for any additional legal notices advertising the
hearing.
If an
additional public hearing is required due to the exclusive action of the
applicant in which a new public notice is warranted, then an additional fee
shall be required as outlined in the Clearcreek Township Trustee Fee Schedule
Resolution
Should any case
filed with the Zoning Commission be held with no activity on the case for a
period of six (6) months, such case may be dismissed or heard by the Zoning
Commission. Before such case is dismissed or heard, notice of the hearing on
such action shall be given to the applicant. If the applicant can show just
cause as to why such case should not be dismissed or heard, the case shall
remain open for disposition by the Zoning Commission.
The Secretary
shall keep minutes of the meetings, which shall include the names of the Zoning
Commission members in attendance, the name of the applicant and of other persons
appearing before the Zoning Commission, a description of the premises involved,
a description of the application, names of Zoning Commission members making and
supporting all motions, and the vote of all members
thereon.
The Secretary
shall keep a file for each case that shall include all forms submitted or
mailed, correspondence and diagrams pertaining to the application, copy of the
notice and a copy of the resolution.
Such records
shall be kept in the office of the Planning and Zoning Department and shall be
accessible to the public during normal business hours.
These rules and
regulations may be amended or modified by a super majority vote of the members
of the Zoning Commission, provided that such amendment be presented in writing
at a regular meeting and action taken thereon at a subsequent regular 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 zoning commission of an amendment to these rules and regulations, it
shall be forwarded by the chairperson, to the Clearcreek Township Board of
Trustees for consideration. The
Trustees will consider the approved proposed amendment at their next scheduled
meeting for formal incorporation.
The resolution of the Trustees will be forwarded back to the Zoning
Commission. At its next meeting, the Zoning Commission must approve the
resolution of the Trustees by a majority vote to validate the
amendment.