Board of Zoning Appeals

Purpose

The Board of Zoning Appeals (BZA) has the authority to make final administrative decisions for the local government concerning the zoning ordinance. The Board of Zoning Appeals’ powers are limited to determining appeals from the administrative decisions made by the zoning administrator, granting or denying applications for variances, and granting or denying applications for special exceptions. It is the exclusive responsibility and power of the BZA t hear and decide on cases where it is alleged that the Zoning Administrator erred in the enforcement or implementation of the zoning ordinance. The BZA can also hear and decide on requests for variances or special exceptions from the zoning ordinance when the strict interpretation or enforcement of the zoning ordinance would create an unnecessary hardship. Decisions of the BZA may be appealed to circuit court.

Applicable Law

The purposes and powers of a board of zoning appeals are defined by the Local Government Comprehensive Planning Enabling Act of 1994. This state law spells out the roles, purposes, and responsibilities of the Board of Zoning Appeals.

Applicable Local Code

The Board of Zoning Appeals is governed by Section 5.5 of the City of Clinton Zoning Ordinance.

Meeting Dates

The BZA meets on the third Monday of each month at 6:00 pm in the City Council Chambers when there is business to come before the Board. The meeting is cancelled if there is no business to come before the BZA, and additional meetings and work sessions are held as needed.

Membership

State law specifies that a Municipal Board of Zoning Appeals may have between three and five members. The City of Clinton Zoning Ordinance Section 5.5 establishes a seven member BZA for Clinton. Members serve five year terms, and are limited to two consecutive terms. Individuals who have served two terms may be reappointed for additional terms after a one year absence from the commission.