The Board of Zoning Appeals (BZA) is established by the City Charter and it is the administrative appeal body for 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 BZA has three primary areas of responsibility:
· 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 Landmarks Commission.
· To authorize such variances from the terms of this Zoning Code where the applicant has demonstrated that the appropriate conditions exist. These conditions, more commonly referred to as findings of fact are enumerated in Section 150.120 of the Zoning Code.
· When a proposed Use is Permitted in a zoning district as a Conditional Use, the BZA shall review the proposed Use according to the standards outlined in Section 150.500 of the Zoning Code.
The BZA is a quasi-judicial body and all appeals of its decisions are made to the Montgomery County Court of Common Pleas.
Membership of Board; Appointment; Term.
The Board of Zoning Appeals (“BZA”) shall consist of seven (7) members who shall be residents of the City.
Members of the BZA shall be appointed by the City Commission for terms of three years or until their successor
has been duly appointed and qualified. At least three (3) of the seven (7) members appointed by the City
Commission shall have registration, licensure, professional experience or education in one of the following
fields: architecture, landscape architecture, planning, urban design, engineering, geography, law or real
estate. However, no more than two of the aforesaid members shall be from any one of the aforesaid
professions. All members of the BZA shall serve without compensation.
Meetings / Other Requirements
Meetings are held in City Hall monthly on the 4th Tuesday of each month at 4:30 PM and ordinarily last approximately 2 hours. Additional time and meetings are required to extensively review detailed plans, strategies, and programs.
If you need additional information, please contact Larry Ison by telephone at (937) 333-3696 or by Email at larry.ison@daytonohio.gov.