BRIMFIELD TOWNSHIP 

BOARD OF ZONING APPEALS 

The Board of Zoning Appeals meets the third Wednesday of each month.  Meetings are held at the Brimfield Township Town Hall at 7:15 PM.  

NOTICE:  Effective Thursday, June 24, 2004 at 2:15 PM, Brimfield Townships' New Zoning Resolution, Zoning Book, and Zoning Map is now the legal Zoning Code being used in the Township.  Contact Brimfield Township's Zoning Department for more information.  

Phone:  330.678.0739 ext. 28       Fax:  330.678.6626
Email: rmessner@brimfieldohio.gov or woneal@brimfieldohio.gov
 
 
The Board of Zoning Appeals is composed of five [5] members appointed by the Board of Township Trustees.  The members serve a five [5] year term and each term is so arranged that a term of one [1] member will expire each year.  Members may be reappointed by the Board of Township Trustees.  The Board of Township Trustees may appoint two [2] alternate members for terms determined by the Board of Township Trustees. 
 
The Board of Zoning Appeals may, within the limits of moneys appropriated by the Board of Township Trustees for the purpose, employ such executive, professional, technical, and other assistants as it considers necessary. 
 
BOARD MEMBERS AND TERMS 
 
Bruce Knippenberg - 2016-2020
Scot Etling - 2012-2016
Ed Shutty - 2013-2017
Lisa Cotten - 2014-2018
Vince Murdocco - 2015-2019
 
Alternates
 
Nicholas Coia - 2016
Cheryl Rueschman - 2016

ALL APPLICATIONS, NECESSARY DOCUMENTATION, AND FEES MUST BE SUBMITTED TO THE TOWNSHIP ZONING DEPARTMENT ON OR BEFORE THE END OF THE PRESENT MONTH TO BO ON THE BUSINESS AGENDA FOR THE SECEDING MONTH.  

Powers and Responsibilities of the Board of Zoning Appeals
 
The Board of Zoning Appeals shall have all the powers and responsibilities prescribed by the Ohio Revised Code, subsequent amendments thereto as well as other responsibilities, which will aid in carrying out its duties and at a minimum includes the following:
 
A.  To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by any administrative official such as the zoning inspector, in the enforcement of this Resolution.  
 
B.  To authorize upon appeal, in specific cases, variances from the terms of this Resolution as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of this Resolution will result in unnecessary hardship and so the spirit of this Resolution shall be observed and substantial justice done. 
 
C.  To grant conditional zoning certificates for the use of land, buildings or structures under the conditions specified in this Article, and in the district regulations. 
 
D.  To revoke an authorized variance or conditional zoning certificate granted for the extraction of minerals if any condition of the variance or conditional certificate is violated.  (ORC 519.14)
 
The Board shall notify the holder of the variance of certificate by certified mail of its intent to revoke the variance or certificate under Item D of this section, of his/her right to a hearing before the Board, within 30 days of the mailing o the notice, if he/she so requests.  
 
If the holder requests a hearing, the Board shall set a time and place for the hearing and notify the holder.  At the hearing, the holder may appear in person, by his attorney or other representative, or he/she may present his position in writing.  He/she may present evidence and examine witnesses appearing for or against him/her.  If no hearing is requested, the Board may revoke the variance or certificate without hearing.  The authority to revoke a variance or certificate is in addition to any other means of zoning enforcement provided by law.  
 
In exercising the above powers, the Board may in conformity with such sections, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision, or determination as ought to be made and to that end has all powers of the officer from whom the appeal is taken.  

Proceeding of the Board of Zoning Appeals
 
The Board shall adopt rules necessary to conduct of its meetings and hearings and business in keeping with the provisions of this Resolution.  Meetings shall be held at the call of the chairman and such other times as the Board may determine.  The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses.  All meetings shall be open to the public.  The Board shall keep minutes of its proceedings, showing the vote of each member upon each questions, or if absent or failing to vote, indicating such fact and shall keep records of its official actions, all of which shall be a public record and immediately filed in the Office of the Board of Township Trustees.  The Board of Zoning Appeals shall adopt the resolution required under Ohio Revised Code Section 121.22 to govern public notice of its meetings.  All official actions shall require the vote of three (3) Board of Zoning Appeals members who shall constitute a quorum.  
 
All hearing shall be held in accordance with the Ohio Revised Code, Chapters 519 and this Resolution.  All of the powers listed in Section 1003.03 may be exercised only within a hearing open to the public as provided in this section unless otherwise provided in this Resolution.  At all such hearings, the chairperson, or in his or her absence, the acting chairperson, shall administer an oath or affirmation to all witnesses giving testimony, and give the applicant or appellant, and those in opposition to the application or appeal, the opportunity to:
 
A.  Appear and be heard in person, or by an attorney, in support or opposition to the application or notice of appeal and:
 
1.  Present his or her position, arguments and contentions;
 
2.  Offer and examine witnesses and present evidence in support;
 
3.  Cross examine witnesses purporting to refute his or her position, arguments and contentions;
 
4.  Offer evidence to refute evidence and testimony offered in opposition to his or her position, arguments and contentions;
 
5.  Proffer any such evidence into the record, if the admission of it is denied by the Board of Zoning Appeals;
 
B.  Subpoena material witnesses, through the authority of the Board and under its discretion and control, after a timely request to the Board.
 
For additional information contact:  Brimfield Township Zoning Department 
Phone:  330.678.0739
Email:   rmessner@brimfieldohio.gov or woneal@brimfieldohio.gov
Fax:      330.678.6626