Zoning Board of Appeals

Purpose/Duties

The Zoning Board of Appeals is provided for under the provisions of Section XIX C of the City Charter. That section of the Charter requires that “Council shall appoint a Zoning Board of Appeals. The Zoning Board of Appeals shall have such powers and duties as are or may be conferred upon it by the general laws of the State of Ohio, and such powers as may be conferred upon on it by Council concerning appeals from refusal of building permits, and shall have the authority to permit exceptions to or variations from the zoning ordinance in classes of cases or situations in accordance with the principles, conditions and procedures specified in the ordinance”.

Section XIX B of the City Charter further provides that all boards and commissions shall consist of five (5) members with terms of three (3) years. The Charter further requires that “all members appointed to boards and commissions shall be residents. . . of the municipality at the time of their appointment”, and “change of residence to outside the corporate limits of the municipality shall automatically end the term of any board or commission member . . .”.

Under Chapter 1325 of the Codified Ordinances, the Zoning Board of Appeals has the authority to consider the following classes of exceptions and variances as defined under Section 1325.05(b) of the Code:

1. Approve exceptions and modifications to the height, side, front or back setback line or lines or area regulations as prescribed in City Ordinances;
2. Permit the extension of an existing building on the same lot, but not into another zoning district.
3. Grant a permit for a temporary building or use incidental to a development. Such permit shall be issued for an initial period of not more than two years and, in the case of a building, only upon written application to the City accompanied by a receipted bill of sale of such building, effective in case the building is not removed prior to the expiration of the permit;
4. Permit the reconstruction within twelve months of a non-conforming building which has been damaged by explosion, fire, act of God or the public enemy. If the damage is less than fifty percent, no variance from the Zoning Board of Appeals is necessary. If the damage is more than ninety percent, reconstruction is not permissible.
   Determination of the percent of damage shall be made by the Zoning Board of Appeals based on the report of three (3) practicing building construction contractors, one to be selected by the owner, one to be appointed by the City, and the third to be selected by the mutual consent of the two (2) parties.
5. Variances, on a hardship basis where the appellant can show that a strict application of City ordinances relating to the construction, alteration, extension or use of the building:
   1. Will impose upon the property unusual or practical difficulties; or
   2. Will impose particular hardship upon the property owner;
6. Extend a non-conforming use within a building or change one non-conforming use to a use of the same or similar character or to a more restricted classification within a building.
7. Hear and decide appeals and requests for variances from requirements of Chapter 1911: Flood Damage Prevention of the Codified Ordinances, as provided for under Section 1191.06 of the Code.

Meeting Times

Please refer to City of Oberlin Calendar of Events for official dates

Current Members

Name	Title	End of Term
Jon D. Clark	Member	December 31, 2014
Stephen Campbell	Member	December 31, 2015
Marion Campbell	Member	December 31, 2014
Kurt Sarringhaus	Member	December 31, 2015
Thomas Weber	Member	December 31, 2013
Bryan Burgess	Council Liaison
Planning/Dev. Director Gary Boyle	Staff Support
Wendie Fleming	Secretary

Contact Us
 

Important Documents
 

Agendas/Minutes
2013 Agenda and Minutes
2012 Agenda and Minutes
2011 Agenda and Minutes
2010 Agenda and Minutes