Zoning Board of Appeals
The Clark Township Zoning Board of Appeals (ZBA) is a five-member Board with one member from the Planning Commission and one from the Township Board. The members are appointed by the Supervisor with approval from the Township Board and serve a three-year term.
The ZBA hears and decides on questions that arise from the administration of the zoning ordinance; appeals from and reviewed by the zoning administrator; and, appeals from residents who seek an interpretation of or variance from a zoning ordinance. Appeals from residents are conducted in open public meetings, and residents may be represented by an attorney.
The ZBA has the authority to grant variances related to dimensional requirements of the zoning ordinance or any other non-use standard.
The ZBA, however, uses specific criteria in reviewing an appeal for a variance. Those standards, which are in the Township ordinances (16.6.1). The applicant must show a ‘practical difficulty’ by:
- Special conditions and circumstances exist which are peculiar to the land, structure, building or use involved and would not be of general application to other parcels in the immediate are or Township in general;
- That strict application of these regulations would result in exceptional or undue hardship upon the property;
- That literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed by other properties within the zoning district under the terms of the ordinance
- That special circumstances and conditions do not result from actions of the applicant, and
- Granting the variance will not alter the essential character of the area.
The ZBA will hold their meetings on the fourth Tuesday of the month when a case is presented to them. Their decisions are final and may only be appealed to the Circuit Court.