City of Hamilton, Ohio - Zoning Board Instructions

Construction Services
3rd Floor
Tel: 513.785.7360
Fax: 513.785.7359

Board of Zoning Appeals

REQUEST FOR HEARING

If submitted plans are rejected due to zoning, a letter citing the violation will be sent to the applicant along with instructions and an application for filing a variance request. Applications are submitted through the Construction Services Division for approval by the Board of Zoning Appeals. An appeal shall be considered filed when the application is completed, signed and received by the Construction Services office along with all papers with required information and fee.

If you wish to subpoena any witnesses, a written request should be made to the Chairman of the Board at least five (5) days before the scheduled hearing. You will be required to pay all costs incurred to subpoena any witnesses.

The application should include:

Six copies of plans as submitted for zoning review
Six copies of all written evidence or testimony
One completed appeal application
One copy of neighboring property owners list (not required for sign variances) listing the lot number, address of lot, owner’s name and mailing address of all properties located within 100 ft. of the boundaries of the property in question.
One copy of letter of noncompliance

A fee of $75.00 shall accompany each appeal. A fee of $100.00 shall accompany a request for Conditional Use.

You will be notified as to the date, time, place, and purpose of the hearing. The owners of all property within 100 ft. of the property in question will be notified.

HEARING PROCEDURE

You, as the appellant, or your representative, should be present at the meeting in order to have the case considered.

The Zoning Administrator, as Secretary to the Board, will present and explain the case setting forth the items of noncompliance.
You, or your representative, may then present any information or testimony relevant to the appeal.
The Board will then hear any other interested parties.
After considering all information presented, the Board will then render a decision.
The Secretary will inform the appellant by letter as soon as possible of the decision of the Board. Such decision shall not become final until the expiration of five (5) days from the date such decision is made, unless the board shall certify otherwise.

If you proceed with the project on the basis of the Board’s decision or in accordance with the HZC, whichever applies, you must then submit to Construction Services proper drawings and specifications for the project to obtain the necessary permits.

No order of the Board permitting erection or alteration of a building or use of a building or premises is valid longer than six (6) months unless a building permit for such erection or alteration is obtained and the work is started within such period. Or, where no erection or alteration is necessary, the permitted work is started within such period. Or, where no erection or alteration is necessary, the permitted use is established within such period, or an extension is requested writing and granted by the Board.

No appeal on which a decision has been rendered by the Board shall be reheard, nor will a new appeal be accepted by the Board until the passage of one (1) year from the date of hearing of the original appeal except under one (or more) of the following reasons:

1) A change of the zoning ordinance in the area of the appellant’s original appeal;

2) Presentation of additional substantive information not furnished to the Board at the original hearing;

3) A substantial change in the nature of the use of properties within the area in which the property subject of the original is located.

If additional information is desired, copies of the Board’s Rules of Procedure may be obtained from the Construction Services office. Copies of the Hamilton Zoning Code (HZC) and zoning map may be obtained from the Construction Services department for a fee of $10.00 each.