Effective: November 2, 2018
Latest Legislation: House Bill 34 - 132nd General Assembly
The township board of zoning appeals may:
(A) Hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of sections 519.02 to 519.25 of the Revised Code, or of any resolution adopted pursuant thereto;
(B) Authorize, upon appeal, in specific cases, such variance from the terms of the zoning resolution as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the resolution will result in unnecessary hardship, and so that the spirit of the resolution shall be observed and substantial justice done;
(C) Grant conditional zoning certificates for the use of land, buildings, or other structures if such certificates for specific uses are provided for in the zoning resolution. If the board considers conditional zoning certificates for activities that are permitted and regulated under Chapter 1514. of the Revised Code or activities that are related to making finished aggregate products, the board shall proceed in accordance with section 519.141 of the Revised Code.
(D) Revoke an authorized variance or conditional zoning certificate granted for the extraction of minerals, if any condition of the variance or certificate is violated.
The board shall notify the holder of the variance or certificate either by certified mail or, if the board has record of an internet identifier of record associated with the holder, by ordinary mail and by that internet identifier of record of its intent to revoke the variance or certificate under division (D) of this section and of the holder's right to a hearing before the board, within thirty days of the mailing of the notice, if the holder so requests. If the holder requests a hearing, the board shall set a time and place for the hearing and notify the holder. At the hearing, the holder may appear in person, by the holder's attorney, or by other representative, or the holder may present the holder's position in writing. The holder may present evidence and examine witnesses appearing for or against the holder. If no hearing is requested, the board may revoke the variance or certificate without a hearing. The authority to revoke a variance or certificate is in addition to any other means of zoning enforcement provided by law.
In exercising the above-mentioned powers, the board may, in conformity with such sections, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination as ought to be made, and to that end has all powers of the officer from whom the appeal is taken.
As used in this section, "internet identifier of record" has the same meaning as in section 9.312 of the Revised Code.
Structure Ohio Revised Code
Section 519.01 | Township Zoning - Agriculture Defined.
Section 519.021 | Planned-Unit Development Regulations.
Section 519.022 | Prior Planned-Unit Development Regulations.
Section 519.03 | Adoption of Resolution of Intention to Proceed With Township Zoning.
Section 519.04 | Township Zoning Commission.
Section 519.05 | Recommendations of Zoning Plan by Commission - Powers and Duties of Commission.
Section 519.06 | Public Hearings on Recommendations - Notice.
Section 519.08 | Public Hearing on Zoning Plan.
Section 519.09 | Changes in Text or Maps - Second Public Hearing.
Section 519.10 | Trustees to Vote Upon Adoption of Resolution.
Section 519.11 | Zoning Plan to Be Submitted to Electors - Majority Vote Required for Approval.
Section 519.12 | Zoning Amendments.
Section 519.121 | Ratification of Zoning Amendments.
Section 519.122 | Statute of Limitation on Procedural Challenges.
Section 519.13 | Township Board of Zoning Appeals.
Section 519.14 | Powers of Township Board of Zoning Appeals.
Section 519.141 | Conditional Zoning Certificates for Surface Mining Activities.
Section 519.15 | Rules, Meetings and Procedures of Board.
Section 519.16 | Enforcement of Zoning Regulations - Township Zoning Inspector.
Section 519.161 | Township Zoning Inspector's Bond.
Section 519.17 | Zoning Certificate Required.
Section 519.171 | Architectural Review Board Authorized - Standards and Procedures.
Section 519.18 | Township Regulations Not Applicable Within Municipal Corporations - Exception.
Section 519.19 | Nonconforming Use of Buildings and Land Not Affected by Zoning.
Section 519.20 | Outdoor Advertising Classified as Business Use.
Section 519.21 | Powers Not Conferred on Township Zoning Commission by Chapter.
Section 519.211 | Limits on Township Zoning Power - Telecommunications Towers.
Section 519.212 | Location of Permanently Sited Manufactured Home.
Section 519.213 | Township Small Wind Farm Zoning Regulations.
Section 519.214 | Compliance With Orc Section 5502.031.
Section 519.22 | County Rural Zoning Regulations to Take Precedence.
Section 519.23 | Prohibition Against Violating Resolution.
Section 519.24 | Actions Instituted to Prevent Violations of Zoning Regulations - Special Counsel.
Section 519.25 | Township Zoning Plan May Be Repealed - Procedure.