The Board of Zoning Appeals is established by the City Charter, it is the administrative appeal body of decisions of the City Zoning Administrator, and the City Landmarks Commission. The BZA also issues Conditional Use permits and grants variances to requirements of the City Zoning Code.
Powers and Duties
The Board of Zoning Appeals has three primary areas of responsibility:
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To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination of the Zoning Administrator, and in certain specific instances, rulings of the City Landmarks Commission.
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To authorize variances from certain requirements of the Zoning Code, where the applicant has demonstrated that the appropriate conditions exists. These conditions, more commonly referred to as findings of fact are enumerated in Section 150.445 through 150.452 R.C.G.O.
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To authorize the establishment of certain special uses, more commonly referred to as conditional uses, where the applicant has demonstrated that the appropriate conditions exists as outlined in Section 150.453 through 150.460 R.C.G.O.. These conditional uses are a pre-established list in each zoning district. These conditions by their nature have been determined to be potentially negative and thus require additional review prior to being established.
The Board of Zoning Appeals is a quasi-judicial body and all appeals from it's decisions are made to the Court of Common Pleas.
Membership / Term of Office
The Board consists of seven members appointed by the City Commission for three-year, staggered terms. The Director of Planning and Community Development or his designee serves as the Board Secretary. All members must be city residents during the term of their appointment, and should be reflective of the city in terms of geography, race and gender.
The members are very knowledgeable about the planning process, procedural due process and known for making sound, independent decisions in the best interest of the community on high profile, and technical issues.
The seven individual seats on the Board of Zoning Appeals are specified as follows:
|
Seat |
Appointed by |
Requirement |
Preferences* |
|
1. |
City Plan Board |
City Plan Board Member |
City resident - at-large |
|
2. |
City Commission |
Designated Professional |
Practicing Attorney ** |
|
3. |
City Commission |
Designated Professional |
Licensed Real Estate Broker or Sales Person ** |
|
4. |
City Commission |
Designated Professional |
Licensed Engineer ** |
|
5. |
City Commission |
Designated Professional |
Registered Architect ** |
|
6. |
City Commission |
City resident-at-large |
Neighborhood or Business Community Leader |
|
7. |
City Commission |
City resident-at-large |
Neighborhood or Business Community Leader |
* Preferences are the type of person that the Department of Planning and Community Development would like to see hold the particular seat. These preference types help to ensure a well-rounded, knowledgeable, and representative decision making body.
** A majority must be from the professional disciplines noted above, but not more than two shall be from any one profession.
Meetings / Other requirements
Meetings are held in City Hall monthly on the 4th Tuesday of each month at 2:30 p.m. and last approximately 2 hours. Additional time and meetings are required to extensively review detailed plans, strategies and programs.