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Board of Zoning Appeals Regular Meeting Procedure
Open Meeting – Welcome
Read the Following:
o The Board of Zoning Appeals (BZA) is made up of 5 legal residents of the Town
of Clear Lake.
o The duties of the BZA are as follows:
Hear and determine appeals
Hear and Determine special exceptions
Hear contingent uses
Hear conditional uses
o In the case of variances, the Board will take one of the following actions:
Approve the special exception as presented
Approve the special exception with conditions
Disapprove the application as presented
Table the application until further necessary information is
received
o We are here to remedy unique situations and each request will be considered on
an individual basis. In other words the granting, or denying, of any variance
for special circumstances does not set precedent for any other request.
o Each request will be reviewed in the order that they were received at the Town
Hall. Certain documents were required as outlined on the Variance Request
Application Packet and the BZA’s rules.
o We will hear each request in its entirety and then close the public hearing
for that request. We will discuss and vote on that request. We will announce the
results of the vote and then move to the next variance request until all have
been heard and voted on.
o The chair will only recognize speakers at the podium or from the dias. We will
not recognize speakers from the audience.
o Among the Board we will use seniority when questioning. The BZA’s membership
was appointed as follows:
Bonnie
Jan 2004 Term Expires 12/31/06
Chris
May 2004 Term Expires 12/31/08
Jerry
Aug 2004 Appointed by the Plan
Commission
Jon
Aug 2004 Term Expires 12/31/09
Ron
Sept 2004 Term Expires 12/31/07
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Hearing Procedure
1. Open the hearing by reading the request.
2. Open discussion by asking petitioner their reasons for the
requests and to outline the hardship(s) that makes the request for a variance
necessary (Present their application).
3. Ask audience if anyone wishes to speak in favor or
remonstrate against this request. Read letters sent in to town hall.
4. Questions from the BZA members. When all
questions/discussions are completed ask for a BZA member to make a motion to
close the discussion.
5. Each BZA member casts his or her preliminary vote. Review
results of the preliminary vote.
6. Discuss with the members what conditions are necessary to
find consensus if needed.
7. Role Call Vote. Announce the decision.
8. Repeat the same procedure until all requests have been
heard.
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Business Meeting
Acceptance of previous meetings minutes
Old Business
New Business
Adjourn
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Clear Lake Board of Zoning Appeals
Order of Proceedings
Appeal Hearing
Clear Town Hall, Clear Lake, IN
1. Remonstrator presentation.
a. Questions to remonstrator from board members.
2. Zoning Inspectors’ response to remonstrators’ presentation
a. Questions to the Zoning Inspector from board members.
3. Public comments.
a. After each public participant, the board members will have
an opportunity to question the participant.
4. Remonstrator rebuttal (if desired).
a. Final questions by the board members.
5. Findings of Fact as determined by the Board of Zoning Appeals.
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Board Rules
Town of Clear Lake Indiana – Board of Zoning Appeals (BZA)
1. The board shall hear all matters as mandated by Indiana Code 36-7-4-918.1,
36-7-4-918.2 and 36-7-4-918.3.
2. The board shall operate as mandated under Indiana Code 36-7-4-918 and Clear
Lake Code 154.100.
3. Deadlines:
o Developmental Standard Variances, Use Variances, and
Special Exceptions: All applications must be submitted no later than 21 days
prior to a scheduled BZA meeting. All application requirements must be met by
deadline.
o Issues To Be Heard Not Requiring Public Notice: All
applications and agenda requests must be submitted 7 days prior to a scheduled
BZA meeting.
o Appeals Of Zoning Inspector’s Decisions: Notice of appeal
must be submitted to the Clear Lake Clerk/Treasurer no more than 90 days after
the Zoning Inspector’s decision. The appeal must be made in writing. A hearing
date for the appeal will be scheduled by the President of the BZA based on the
board’s existing schedule.
o Special Exceptions, Developmental Standard Variances, And
Use Variances: The granting of any special exception, use variance, or
developmental standard variances expires at the end of one year from the date of
granting by the Board Of Zoning Appeals unless construction is commenced within
the one year period.
All variances, special exceptions, developmental standard variances, and/or use
variances are based upon the plans submitted at the time of the public hearing.
Any changes in the plans require additional approval by the Board Of Zoning
Appeals prior to the construction.
4. Variance Application Requirements:
Drawings to scale of proposed project including all
elevations and exterior materials list.
Site plan to scale showing property lines, existing
improvements and proposed improvements. A certified boundary survey.
A copy of property’s deed (deeds).
If requesting a new sanitary waste connection, a letter of
acceptance from the Clear Lake Town Council to connect to the Clear Lake sewer
system.
On your proposed building site, stakes showing your
building locations and your property lines.
Application requirements must be completed before variance
hearings will be scheduled.
Adopted: December 19, 2005
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Variance Request Application Form Packet (link)