013-03 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
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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.
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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.