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HomeMy WebLinkAbout013-03 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No ......................I3.-0.3............................. Passed AN ORDINANCE REPEALING SECTION 150.216 OF THE DUBLIN CODIFIED ORDINANCES TO ABOLISH THE BUILDING CONSTRUCTION APPEALS BOARD, AND AMENDING SECTION 153.:231 OF THE DUBLIN CODIFIED ORDINANCES TO PROVIDE THAT THE BOARD OF ZONING APPEAL'S ASSUMES THE DUTIES OF THE BUILDING CONSTRUCTION APPEALS BOARD. WHEREAS, the duties of the Building Construction Appeals Board for the Dublin Building Department, as authorized by Dublin Codified Ordinances ~ 150.216, are "to hear all appeals not related to the 'Ohio Basic Building Code' (OBBC); namely, one, two and three-family residential dwellings within the city limits or the Property Maintenance Code. The board shall also have jurisdiction over licensing procedures in situations where a determination is required in issuing, detaining or revoking a license"; and WHEREAS, the City of Dublin has determined that the Building Construction Appeals Board meets infrequently and is rarely utilized for the purposes for which it was created; and WHEREAS, the Board of Zoning Appeals, as authorized by Dublin Codified Ordinances §153.231, is a board that meets regularly and has much experience in deciding a variety of quasi judicial matters; and WHEREAS, the City Council is authorized to delegate powers, duties, and functions to the Board of Zoning Appeals pursuant to Article XVIII of the Ohio Constitution, the "Home Rule" Amendment," and Section 7.04 of the Revised Charter; and WHEREAS, the Board of Zoning Appeals is fully capable of absorbing the duties of the Building Construction Appeals Board; and WHEREAS, it is necessary to repeal Dublin Codified Ordinances § 150.216 to abolish the Building Construction Appeals Board and amend Dublin Codified Ordinances §153.231 in order for the Board of Zoning Appeals to absorb the duties of the former Building Construction Appeals Board; and NOW THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, ~ of the elected members concumng that: Section 1. Council considers it necessary to repeal Dublin Codified Ordinances §150.216 in order to abolish the Building Construction Appeals Board. Section 2. Council considers it necessary to amend Dublin Codified Ordinances § 153.231 in order for the Board of Zoning Appeals to absorb the duties of the former Building Construction Appeals Board; Section 3. Section 153.231 of the Dublin Codified Ordinances is hereby amended to read as follows: § 153.231 BOARD OF ZONING APPEALS. (A) Organization and members. Thf; Board of Zoning Appeals shall organize and adopt rules in accordance with this chapter. Meetings of the Board shall be held at the call of the chairperson and at such other times as the Board determines. The chairperson, or in his absence the acting chairperson, may administer oaths, and the Board of Zoning Appeals may I RECORD OF ORDINANCES Da on Le al Blank Co. Form No. 30043 Ordinance No Passed compel the attendance of witnesses. Council shall make all reasonable efforts to appoint at least one membf°r to the Board of Zoning Appeals with qualifying experience and/or training pertaining to residential construction, such as persons trained in mechanicaUstructural engineering, building, architecture, and the like. All meetings of the Board of Zoning Appeals shall be open to the public. The proceedings, showing the vote of each member upon each question or, if' absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of Council, and be a public record. (B) Powers and duties. The Board of Zoning Appeals shall have the following powers and duties: (1) Administrative review. 7'o hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Administrative Officer in the enforcement of the zoning ordinance. (2) Special permit. To authorize only such special permits as the Board of Zoning Appeals is specifically authorized to consider by the terms of the zoning ordinance. (3) Variances. To hear and decide in specific cases such variance from the terms of the zoning ordinance as will not be contrary to the public interest where, owing to special conditions on the land, a literal enforcement of the provisions of the zoning ordinance would result in unnecessary hardship. In granting such variance, the Board of Zoning Appeals shall prescribe appropriate conditions and safeguards to maintain the intent and spirit of the zoning district in conformity with the Zoning Ordinance. (4) Building Construction Appeals for the Dublin Building Division. To hear all appeals not related to the "Ohio Building Code" (OBC) or other statewide Code regulated by the Board of Building Standards; namely, one, two and three-family residential dwellings within the city limits or the Property Maintenance Code. The board shall also have jurisdiction over licensing procedures in situations where a determination is required in issuing, detaining or revoking a license. Such appeals shall be called by the Chief Building Official of the city. Section 4. This Ordinance shall take effect and be in force from and after the earliest date permitted by law. 2 Passed this 3~oC o~~YGCCtr.~, 2003. U esi mg Officer I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section ATTEST: 731.25 of the Ohio Revised Code. Clerk Of COUnCII e k of Council, Dublin, Ohio Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 Phone: 614-410-4400 • Fax: 614-410-4490 CITY OF DUBLIN Memo To: Members of the Dublin City Council From: Jane S. Brautigam, City Manager ~a,,,,,~,j. ~~J~ v- Date: February 3, 2003 Re: Building Construction Appeals BoardBoard of Honing Appeals Summary: In April of each year, the City Council appoints new members to vacant positions on the City Boards and Commissions. Advertising for these vacancies occurs early in the year. This year, Council has learned that three of the five positions on the Building Construction Appeals Board ("BCAB") will be vacant. It has proved difficult in the past to fill vacancies on this Board due to the specialized nature of its duties. In addition, the BCAB meets infrequently. The number of appeals to the BCAB is rather limited, perhaps ten per year. At the same time, the Board of Zoning Appeals is a board that meets regularly and has much experience in deciding a variety of quasi judicial matters. As a result, Council would like to consider the possibility of combining the duties of the BCAB with the Board of Zaning Appeals. In order to do so, staff has prepared an ordinance which would abolish the BCAB, moving its duties to the BZA and adding the requirement that at least one member of the BZA possess certain specialized knowledge to assist the BZA in addressing building appeals. Staff will support t:he BZA with additional training once the ordinance becomes effective so that its members will be more familiar with the building code appeals process. Recommendation: Adoption of Ordinance on first reading abolishing the Iuilding Construction Appeals Board and altering the duties of the Board of Zoning Appeals to include those duties formerly held by the BCAB.