Board of Zoning Appeals

Meetings

• 5:30 p.m.
• 1st Wednesday of the month (if applications are received or special hearings as needed)
• Meeting Location: City Council Chambers

Establishment

1. The Middletown Board of Zoning Appeals is hereby established by City Council.
2. The Middletown Board of Zoning Appeals may be hereafter referred to as the “Middletown Board of Zoning Appeals,” “Board of Zoning Appeals,” or “BZA.”

Membership

1. The BZA shall be comprised of seven members, all of whom shall be residents of the City and appointed to the BZA by City Council. Every attempt shall be made to include the following areas of expertise in the appointment of members:
   1. A member of the Planning Commission;
   2. An attorney;
   3. A registered architect or a builder
   4. A person engaged in the real estate business; and
   5. The remaining members may be selected from any residents of the City.
2. Each member shall serve four-year terms except that the term of the member of the Planning Commission shall expire at the same time as their term on the Planning Commission. Terms shall be staggered so at least one member is up for appointment each year. The terms of existing members shall continue until expiration.
3. Any such member of the BZA may serve on other administrative boards of the City, if such other office is not incompatible with membership on the BZA.
4. Members of the BZA may be removed for misfeasance, malfeasance, or nonfeasance by City Council.
5. A vacancy occurring during the term of any member of the BZA shall be filled by appointment from City Council for the unexpired term in a manner authorized for the original appointment.

Roles and Powers of the BZA

The BZA shall have the following roles and powers to:

1. Hear, review, and decide on appeals of any administrative decision where it is alleged there is an error in any administrative order, requirement, decision, or determination made by the Development Code Administrator, Planning Commission, or Historic Commission, unless another appeals board is established by this code;
2. Hear, review, and decide on variance requests as established in Section 1226.10; and
3. Perform any other duties related to the administration and enforcement of this code as authorized by the charter and this code.

Bylaws, Rules, and Regulations

1. The BZA may, by a majority vote of its entire membership, adopt bylaws for the governance and procedures of the BZA provided they are consistent with the charter and with any other ordinances of the City.
2. The privilege of cross-examination of witnesses shall be accorded all interested parties or their counsel in accordance with the rules of the BZA.
3. The Chairperson, or, in his or her absence, the Vice-Chairperson, shall administer oaths and compel the attendance of witnesses.

Meetings

1. The BZA shall hold such meetings as it may require for conducting its business.
2. The BZA shall elect a Chairperson and a Vice-Chairperson from among the members of the BZA at the board’s first meeting of the year. During the temporary absence of the Chairperson, the Vice-Chairperson shall fulfill the duties of the Chairperson. If both the Chairperson and Vice-Chairperson are absent, a member of the BZA may make a motion to appoint an acting Chairperson for that meeting.
3. All meetings shall be open to the public, except as exempted by law.
4. The BZA shall act by resolution or motion and shall keep minutes of its proceedings, showing the vote of each member or if any member is absent or fails to vote, the facts of each application considered by the BZA, and, where applicable, the section of this code, under which the BZA has considered the application, petition or other matter brought before the BZA.
5. The BZA shall make and enter findings and conclusions which support all of its decision. The findings and conclusions shall set forth and demonstrate the manner in which the decision recommended carries out and helps to implement the goals and objectives of the master plan, the purpose of this code, and other official policies and objectives of the City, and that the granting of the request for which application is made will not be unreasonably incompatible with or detrimental to the affected properties and to the general public.

Quorums and Decisions

1. Any combination of four or more members of the BZA shall constitute a quorum.
2. The BZA shall act when at least four members concur.
3. Non-decision items, such as continuance or approval of minutes, shall require a majority of the quorum to concur.

If you're interested in serving on the Board of Zoning Appeals, please fill out the Boards & Commissions Application and return to James Metz, City Planner, at 513-425-7947 or jamesme@cityofmiddletown.org or you can apply online at: Boards & Commissions Online Application.