Clinton Township City Zoning Code
BOARD OF
ZONING APPEALS
§ 152.090 ESTABLISHMENT.
A Board of Zoning Appeals is hereby established in accordance with Chapter 174, Acts of 1947 of the Indiana General Assembly, and all acts amendatory thereto.
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§ 152.091 COMPOSITION AND APPOINTMENT.
The Board shall be composed of six members, five of whom shall be residents of the city and one of whom shall be a resident of the jurisdictional area, and none of whom shall hold other elective or appointive office, except that two of the six members shall be appointed from the City Plan Commission’s citizen membership. Of the original five members residing in the city, two shall be appointed to serve for four years; one for three years; one for two years; and one for one year, and the appointee from the jurisdictional area shall be appointed for a term of four years. Terms of these members shall expire on January 1 in the year in which their original appointments terminate. Thereafter as the terms expire, each new appointment shall be for a term of four years. All members of the Board residing in the city shall be appointed by the Mayor and the member from the jurisdictional area shall be appointed by the Judge of the Circuit Court of the county.
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§ 152.092 ORGANIZATION.
At the first meeting of each year, the Board shall elect a Chairperson and a Vice-Chairperson from among its members, and it may, appoint and fix the compensation of a Secretary and such employees as are necessary for the discharge of its duties, all in conformity to and compliance with salaries and compensations therefore fixed by the Common Council.
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§ 152.093 RULES OR PROCEDURE.
The Board shall adopt rules and regulations as it may deem necessary to effectuate the provisions of this chapter.
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§ 152.094 MEETINGS AND RECORDS.
All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, keep records of its examinations and other official actions, prepare findings and record the vote of each member voting upon each question. All minutes and records shall be filed in the office of the Board and shall be a public record.
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§ 152.095 APPEALS FROM BUILDING COMMISSIONER.
Any decision of the Building Commissioner made in enforcement of this chapter may be appealed to the Board of Zoning Appeals by any person claiming to be adversely affected by such decision.
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§ 152.096 POWERS AND DUTIES OF THE BOARD.
(A) The Board shall have the following powers and it shall be its duty to:
(1) Hear and determine appeals from and review any order, requirement, decision or determination made by the Building Commissioner in the enforcement of this chapter;
(2) Hear and decide on permits for conditional uses, development plans or other uses which the Board is required to act under this chapter; and
(3) Authorize upon appeal in specific cases such variances from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions, fully demonstrated on the basis of the facts presented, a literal enforcement of the provisions of the chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done.
(B) In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from as in its opinion ought to be done in the premises, and to that end shall have all the powers of the Building Commissioner from whom the appeal is taken.
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§ 152.097 RESTRICTIONS ON BOARD ACTION.
(A) Every decision of the Board shall be subject to review by certiorari.
(B) No variance in the application of the provisions of this chapter shall be made by the Board relating to buildings, land or premises now existing or to be constructed unless after a public hearing, the Board shall find that such variance will not:
(1) Alter the land use characteristics of the district;
(2) Impair the adequate supply of light and air to adjacent property;
(3) Increase the hazard from fire, flood and other dangers to said property;
(4) Diminish the marketable value of adjacent lands and buildings;
(5) Increase the congestion in the public streets; and/or
(6) Otherwise impair the public health, safety, convenience, comfort or general welfare.
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