Board of Zoning Appeals

 

Thomas W. Reininger
Kyle R. Grubbs
Robert W. Martin, Jr.
Timothy A. Price
Ronald J. Roberto
Robert A. Bartolt, alternate
Trina L. Jackson, alternate


The Board of Zoning Appeals meets on the 4th Wednesday
of each month at 7 p.m. in the Colerain Township Trustees’ Chamber
4200 Springdale Road
Colerain Township, Ohio  45251

2013 Meeting Calendar


PURPOSE OF THE BOARD OF ZONING APPEALS

The Board of Zoning Appeals (BZA) is a five member citizen Board appointed by the Board of Trustees. The BZA is charged with the responsibilities outlined in the ORC 519 and more specifically defined in Article 3 of the Colerain Township Zoning Resolution.

The Board hears appeals of decisions of the Zoning Administrator, including permit application refusals and violation citations, as well as Conditional Use applications, Expansion of a Nonconforming use applications, and Compatible Nonconforming Use applications. The BZA may authorize, upon appeal, variances from the terms of the Zoning Resolution where unique hardships exist and when the variance will not be contrary to the public interest.

In the event that any party disagrees with a decision of the Board, they may appeal to the Court of Common Pleas of Hamilton County.

For agendas and minutes, please click here.

For application forms, click here.


BOARD OF ZONING APPEALS PROCESS

An appeal must be filed within 20 calendar days of the action being appealed (O.R.C. 519.15.)

A person filing an appeal must have a legal and/or equitable interest in the property affected in the appeal or be an attorney representing the person having legal or equitable interest. The Board requires the legal owner or his counsel to be present at the public hearing. An officer or an employee of a corporation may file an appeal on property in which the corporation has a legal and/or equitable interest; however, a corporation must be represented by legal counsel at the public hearing.

The hearing in front of the BZA is a quasi-judicial process. All those speaking in favor of or against the appeal are sworn in. Attorneys for the appellant or the Township may question and cross-examine those giving testimony.


FILING AN APPEAL

An application for appeal must include the following attachments:

  • Specific references to the Section(s) of the Zoning Resolution being appealed. (These can be found in the refusal letter issued by the Zoning Administrator and in the text of the Colerain Township Zoning Resolution).
  • A clear and accurate description of the construction or use.
  • All facts and reasons why the determination sought should be granted.
  • Plats and plans. Submit eight (8) copies. The plats and/or plans previously filed for a Zoning Certificate may be used when filing the appeal, provided said plats and plans are drawn to scale and show the actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of the building(s) and any accessory building(s) that are existing and proposed. Plans should also indicate the existing and intended use of each building or part of a building, the number of families or housekeeping units each building is intended to accommodate, and such other information with regard to the lot and neighboring lots as may be necessary to provide for a proper hearing and determination of the appeal. Where a new building, building addition, or building alteration is proposed, the plans shall bear the seal of a registered Professional Engineer, Architect, or Land Surveyor.
  • Eight (8) copies of a typewritten list of the names and addresses of all the property owners of all abutting lots and lands across the street opposite the property and within a 200 foot radius of the property involved in the appeal. Said list must be prepared from the County Auditor’s current tax list from the plat book.
  • Eight (8) copies of a plat illustrating all properties, including owner’s names as required above.
  • An appeal fee is required when the appeal is filed. All legal advertisements and adjacent property owner notification costs shall be the responsibility of the appellant.

The appeal must be received by the Zoning Office at least 21 days before the next scheduled meeting date.

A legal notice will be prepared by this office and placed in a newspaper of general circulation in the county 10 days prior to the public hearing. Notice of the hearing is sent by certified mail to all property owners within 200 feet.

Failure to appear at the scheduled public hearing may result in the dismissal of the appeal.

An appeal will not be accepted unless and until all the above requirements are met.

For additional information, please contact the Colerain Township Zoning Department at 513.385.7505.