Zoning Appeals Board

BZA

The Board of Building Code and Zoning Appeals (BZA) assists in the administration of the Building Code and Zoning Code and the ICC International Property Maintenance Code, particularly to decide and interpret provisions which require impartial adjustments of conflicting interests and to grant variances from the strict letter of the Code in instances of unnecessary hardship.  It is composed of five members, appointed by the Mayor with the approval of City Council. Board members serve a four-year term.
 

Please click here to obtain a packet to apply for a variance.

1248.09 REASONS FOR GRANTING VARIANCES 

The Board of Zoning Appeals shall have the power, in specific cases, to vary the application of certain provisions of this Zoning Code in order that the public health, safety, morals and general welfare may be safeguarded and substantial justice done and the granting of the variance is in harmony with the purpose and intent of the ordinance for the following reasons:

     (a) Where the literal application of the provisions of this Zoning Code would result in unnecessary hardship peculiar to the property involved and not based on conditions created by the owner (a theoretical loss or limiting possibilities of economic advantage are general hardships, not unnecessary hardships);

     (b) Where the literal application of the provisions of the Zoning Code result in practical difficulties peculiar to the property involved and not based on conditions created by the owner (a theoretical loss or limiting possibilities of economic advantage are general difficulties and not practical difficulties);

     (c) Where other exceptional circumstances or conditions (such as topographical or geological conditions, or type of adjoining development) are only applicable to the property involved or to the intended use of the property or to a limited number of adjoining properties;

      (d) Where granting of a variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the neighborhood in which the property is located; and

     (e)  Where the granting of a variance will not be contrary to the general purpose, intent and objectives of this Zoning Code.

    When appealing for a variance or modification, the burden is upon the applicant to state and substantiate the applicant's claim that the conditions set out in this Chapter exist.
If, after due consideration and deliberation, members of the Board of Zoning Appeals shall determine that a variance request should be granted due to unique circumstances, although not all of the five (5) conditions for granting a variance may be met, the Board may consider granting such variance provided that the following three conditions are met:

  (1) Public health, safety, morals, and general welfare will be safeguarded and not damaged
  (2) The variance will not be contrary to the purpose and intent of the Zoning Code; and
  (3) That substantial justice can only be done for the applicant by the granting of such variance.
 

 The BZA meets in City Council Chambers, 18688 Royalton Rd., the second and fourth Wednesday of each month, unless otherwise noted. Caucus starts at 5:45 p.m., with the meeting beginning at 6 p.m.