Clinton City Zoning Code

DECISION MAKING

ROLES AND AUTHORITY

§ 152.030 PURPOSE.

The purpose of this subchapter is to identify the roles and responsibilities of various elected and appointed boards, and the duties of village staff, in the administration of this Zoning Code. This subchapter also includes the review procedures for zoning text and map amendments, zoning certificates, appeals, conditional uses and variances.

(Prior Code, § 1109.01) (Ord. O-18-20, passed 11-20-2018)

§ 152.031 ILLUSTRATION OF REVIEW AND DECISION MAKING BODIES.

(A) The table below summarizes the review and decision making responsibilities of the entities that have roles in the procedures set forth in this subchapter. Other duties and responsibilities of the entities are set forth in subsequent sections of this subchapter.

(B) Even though not referenced in the table below, other boards, commissions, government agencies and non-government agencies may be asked by the Zoning Inspector, the Planning Commission, the Board of Zoning Appeals or the Village Council, to review some applications, including, but not limited to, map amendments (re-zonings), text amendments, appeals, variances and conditional uses.

Procedure	Section	Village Council	Planning Commission	Board of Zoning Appeals (BZA)	Zoning Inspector	Village Engineer
H = Hearing (public hearing required) R = Review and/or recommendation M = Meeting (public meeting required) D = Decision (responsible for final decision)
Appeals	152.057			H-D	R1
Applications and permits for small cell facilities and wireless support structures within the right-of-way	152.058					R-D
Conditional use	152.055		H-D		R
Sign permit	152.053		R		R-D
Variance	153.056			H-D	R
Zoning certificate	152.052				R-D
Zoning text or map amendment	152.054	H-D	H-R		R
Notes: 1 The Zoning Inspector or other staff shall forward all records of their decision to the BZA including any staff report or summary that provides a history of actions and decisions made in relation to the appealed action The above is an illustration of the roles of the Zoning Inspector and village boards and commissions in the review and decisions on all review procedures subject to this Zoning Code

(Prior Code, § 1109.02) (Ord. O-18-20, passed 11-20-2018)

§ 152.032 VILLAGE COUNCIL.

For the purpose of this Zoning Code, the Village Council shall have the following duties:

(A) Initiate proposed amendments to the text of this Zoning Code and/or the official zoning map;

(B) Review and decide on all proposed amendments to the text of this Zoning Code and/or the official zoning map; and

(Prior Code, § 1109.03) (Ord. O-18-20, passed 11-20-2018)

§ 152.033 PLANNING COMMISSION.

The Village Council, for the purpose and intent of this Zoning Code, has hereby created and established the Planning Commission, hereafter referred to as the Planning Commission.

(A) Appointment and organization.

(1) The Planning Commission shall be composed of five members who reside in the incorporated area of the village, one of whom shall be the Mayor, one of whom shall be a member of Council to serve for the remainder of his or her term as a member of Council and three of whom shall be appointed by the Mayor for terms of six years each.

(2) Each member shall serve until his or her successor is appointed and qualified.

(3) Members of the Planning Commission shall be removable for non-performance of duty, misconduct in office or other cause, by the Village Council. Such removal may take place after a public hearing has been held regarding such charges, a copy of the charges having been served upon the member so charged at least ten days prior to the hearing, either personally or by registered mail or by leaving same at his or her usual place of residence. The member shall be given an opportunity to be heard and answer such charges.

(4) Vacancies shall be filled by appointment by the Mayor and shall be for the time remaining in the unexpired term.

(B) Roles and powers.

(1) The Planning Commission shall have the authority to initiate proposed amendments to the text of this Zoning Code and/or the official zoning map.

(2) The Planning Commission shall have the authority to review all proposed amendments to the text of this Zoning Code and/or the official zoning map and make recommendations to the Village Council.

(3) The Planning Commission shall have the authority to hear and decide, in accordance with the provisions of this Zoning Code, applications filed for conditional uses or for decisions upon other special questions on which the Planning Commission is authorized by this Zoning Code to pass.

(4) In considering an application for a conditional use, the Planning Commission shall have the power to impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to those expressly stipulated in this Zoning Code for the particular conditional use, as the Planning Commission may deem necessary for the protection of adjacent properties and the public interest.

(5) The Planning Commission shall perform all other duties as specified for village planning commissions in the state statutes and as specified in this Zoning Code.

(1) The Planning Commission shall elect a chairperson from its membership and shall appoint a recording secretary, who need not be a member of the Planning Commission.

(2) The Planning Commission may organize and adopt bylaws for its own governance; provided they are consistent with state law and with any other resolution of the village.

(D) Meetings.

(1) Meetings shall be held at the call of the chair, or at the call of any two members, and at such other times as the Planning Commission may determine.

(2) All meetings shall be open to the public, except as exempted by law.

(3) The Planning Commission shall keep minutes of its proceedings showing the vote, indicating such fact, and shall keep records of its examinations and other official actions all of which shall be a public record, unless exempted by law, and be immediately filed at Village Hall with the Office Administrator.

(E) Quorum and recommendations.

(1) Any combination of three or more members of the Planning Commission shall constitute a quorum.

(2) The Planning Commission shall act when three members who are eligible to vote and concur.

(3) Every recommendation shall be accompanied by written findings specifying the reason for granting or denying the application, or making its decision.

(Prior Code, § 1109.04) (Ord. O-18-20, passed 11-20-2018)

§ 152.034 BOARD OF ZONING APPEALS (BZA).

The Village Council, for the purpose and intent of this Zoning Code, has hereby created and established the Board of Zoning Appeals, hereafter referred to as the BZA.

(A) Appointment and organization.

(1) The BZA shall be composed of five members who reside in the incorporated area of the village, to be appointed by the Village Council.

(2) Members shall serve terms of six years from the time of their appointment.

(3) Each member shall serve until his or her successor is appointed and qualified.

(4) Members of the BZA shall be removable for non-performance of duty, misconduct in office or other cause, by the Village Council. Such removal may take place after a public hearing has been held regarding such charges, a copy of the charges having been served upon the member so charged at least ten days prior to the hearing, either personally or by registered mail or by leaving same at his or her usual place of residence. The member shall be given an opportunity to be heard and answer such charges.

(5) Vacancies shall be filled by appointment by the Village Council and shall be for the time remaining in the unexpired term.

(B) Roles and powers.

(1) The BZA shall have the authority to hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision, grant or refusal made by the Zoning Inspector, other village official or administrative body of the village in the interpretation or enforcement of the provisions of this Zoning Code.

(2) The BZA shall have the authority to hear and decide, in accordance with the provisions of this Zoning Code, interpretation of the zoning map or for decisions upon other special questions on which the BZA is authorized by this Zoning Code to pass.

(3) The BZA shall have the power to authorize upon appeal in specific cases, filed as herein provided, such variances from the provisions or requirements of this Zoning Code as will not be contrary to the public interest, but only in such cases where, owing to special conditions pertaining to a specific piece of property, the literal enforcement of the provisions or requirements of this Zoning Code would cause unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. The BZA may attach thereto such conditions regarding the location, character and other features of the proposed structure or use, as it may deem necessary in the interest of the furtherance of the purposes of the Zoning Code and in the public interest.

(4) The BZA shall have the authority to review and provide an interpretation of the zoning map or zoning text whenever there is a question of how the zoned districts or regulations of this subchapter are applied.

(5) The BZA shall have the authority to permit the substitution of a non-conforming use existing at the time of enactment of this subchapter in compliance with §§ 152.320 through 152.328.

(6) The BZA shall have all other powers conferred upon village boards of zoning appeals in the state statutes, or as authorized by the Village Council in compliance with state law.

(1) The BZA shall elect a chairperson from its membership and shall appoint a recording secretary, who need not be a member of the BZA.

(2) The BZA may organize and adopt bylaws for its own governance; provided they are consistent with state law or with any other ordinance or resolution of the village.

(D) Meetings.

(1) Meetings shall be held at the call of the chair, or at the call of any two members, and at such other times as the BZA may determine.

(2) The chair, or in their absence, the acting chair, may administer oaths and the BZA may compel the attendance of witnesses.

(3) All meetings of the BZA shall be open to the public, except as exempted by law.

(4) The BZA shall keep minutes of its proceedings showing the vote, indicating such fact and shall keep records of its examinations and official actions, all of which shall be filed at Village Hall with the Office Administrator, and shall be a public record, unless exempted by law.

(5) The BZA may call upon any village department for assistance in the performance of its duties and it shall be the duty of such departments to render such assistance to the BZA as may reasonably be required.

(E) Quorum and decisions.

(1) Any combination of three regular or alternate members of the BZA shall constitute a quorum.

(2) The BZA shall act by resolution when at least three members who are eligible to vote concur.

(3) Every decision of the Board shall be a resolution, each of which shall be accompanied by written findings of fact, based on testimony and evidence and specifying the reason for granting or denying the application, by case number under one or another of the following headings: interpretation; variances; conditional zoning certificates; together with all documents pertaining thereto.

(F) Modification of approval. No substantial modification of a variance approval or conditional use approval, as determined by the Zoning Inspector, shall be permitted without a new application and applicable fee pursuant to this subchapter.

(Prior Code, § 1109.05) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999

§ 152.035 ZONING INSPECTOR.

The Village Council shall appoint a Zoning Inspector who shall serve as the zoning inspector referenced in the state statutes.

(A) Roles and powers. The Zoning Inspector shall have the following roles and powers.

(1) The Zoning Inspector shall have the authority to conduct inspections of structures and land to determine compliance with this chapter.

(2) The Zoning Inspector shall have the authority to review and decide on applications for zoning certificates, sign permits and to ensure compliance with this Zoning Code in accordance with the applicable procedures in this chapter.

(3) The Zoning Inspector shall have the authority to collect all fees required for all applications.

(4) The Zoning Inspector shall have the authority to provide input, staff reports or other guidance to the Village Council, Planning Commission and/or BZA, when requested.

(5) After written request from a person having a legitimate present or future interest in the property, the Zoning Inspector shall have the authority to issue a zoning certificate for any building or premises existing at the time of enactment of this chapter, certifying, after inspection, the extent and kind of use made of the building or premises and whether such use conforms to the provisions of this chapter.

(6) It shall be the duty of the Zoning Inspector to keep adequate records of all applications and decisions on said applications.

(7) It shall be the duty of the Zoning Inspector to issue citations of zoning violations and keep adequate records of all violations.

(8) The Village Council may also appoint additional personnel to assist the Zoning Inspector in such roles and powers as outlined in this section.

(9) The Zoning Inspector shall have the authority to seek the advice of professional consultants, when authorized by the Village Council.

(10) The Zoning Inspector shall have the authority to conduct additional duties as designated by the Village Council or as specified in this Zoning Code.

(B) Decisions.

(1) Any decision of the Zoning Inspector may be appealed in writing to the BZA within 20 days of the Zoning Inspector’s decision pursuant to § 152.057.

(2) The Zoning Inspector shall have appropriate forms for appeal available, or such forms shall be accessible on the village website at the time of denial.