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Zoning: What is the Board of Zoning Appeals? |
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The Plain Township Board of Zoning Appeals consists of six (6) legal residents of the township that are appointed by the Township Trustees to serve a five (5) year term with one (1) term expiring every year.
There are five (5) permanent positions and one (1) alternate position.
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The Plain Township Board of Zoning Appeals is a quasi-judicial body whose duties are imposed by statute.
The Board’s powers include the following:
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- Hearing appeals of alleged errors made by an administrative official in the enforcement of the Zoning Resolution of the Ohio Revised Code pertaining to Township Zoning
- Granting Variances (area or use) from the Zoning Resolution
- Granting Conditional Use Zoning Certificates
- Regulating Nonconforming Uses
- The authority to Revoke a granted Variance or Conditional Use Zoning Certificate if any conditions attached to the certificate have been violated.
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- Area Variances may be granted only if the applicant can show Practical Difficulties.
- Use Variance may be granted only if the applicant can show Special or Unnecessary Hardship, and is not merely presenting disguised rezoning.
- Conditional Use Certificates may be granted only if the applicant can meet all of the legislatively prescribed standards and conditions provided in the Zoning Resolution.
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In order to appeal the Board’s decision, a Notice of Appeal must be filed with the Court of Common Please within thirty (30) days of the Board’s decision.
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The Plain Township Board of Zoning Appeals does NOT make Zoning Regulations or Zoning Districts; that is the function of the Plain Township Zoning Commission.
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