Board of Zoning Appeals

About the Board

The Board of Zoning Appeals (BZA) is a group of volunteer Xenia citizens who serve as (1) the decision‐making body for variances from standards in the Land Development Code (PDF), and (2) a quasi-judicial appeals body for decisions of the City of Xenia Planning and Zoning Department staff. The BZA is established by the Xenia City Charter Article VIII, §8.01 and Chapter 281 of Title Eight: Boards, Commissions, and Committees, of Part Two - City Government of the Xenia City Code, which was recently updated with passage of Ordinance 2022-21. The Board of Zoning Appeals' powers and duties are as follows:

1. Have the authority to hear and decide appeals for exceptions to, and variances in, the application of ordinances, resolutions, rules, regulations, and measures that govern zoning, building, and housing in the City, subject to such standards as may be prescribed by City Council;
2. Have the authority to hear and decide appeals from the orders of administrative officials related to the application of ordinances, resolutions, rules, regulations, and measures that govern zoning, building, and housing in the City, subject to such standards as may be prescribed by City Council;
3. Perform all duties assigned to it by the City Council by ordinance or resolution related to the application of City ordinances, resolutions, rules, regulations, and measures related to zoning, building, and housing within the City;
4. In any appeal from the decision of the order of any administrative official or for exception to, and variances in, the application of any zoning, building, or housing ordinance, resolution, rule, regulation, or measure, the Board of Zoning Appeals shall be deemed to be acting as a quasi-judicial body; and
5. Have any other powers or duties assigned to it by City Council, by ordinance, or the laws of the State to the extent that those assigned powers or duties do not conflict with the provisions of the City’s Charter.
   

A variance is a modification of the strict terms of the Land Development Code as they apply to a specific property. A variance allows such a modification when it is not contrary to the public interest and where, due to conditions peculiar to the property and not a result of the actions of the applicant, a literal enforcement of the Code would result in a practical difficulty.

BZA members are residents of the City and are appointed by the City Council to staggered terms of four years each. One Council member serves as chair as appointed by the Council President at their second regular session in January. The appointed Council member serves as chair for a two-year period. The staff representative is the City Planner or his/her designee.

Board of Zoning Appeals Application Process

The Planning and Zoning Department staff is available to assist applicants during every phase of the application process. Applicants are strongly encouraged to schedule a pre-submittal meeting or phone call during which the applicant can learn about the BZA process. A pre-submittal meeting also affords the applicant and staff the opportunity to address any initial concerns with the application. For more information or to schedule a meeting, please email the Code Enforcement Officer or call 937-376-7277.

Notice of Public Hearing

A notice for a public hearing is a required notice to be sent by the City to property owners who are in the vicinity of a property where development of or changes are proposed. Typical public hearing notices advertise a request for a variance or an appeal. Such notices invite the public to participate in the decision-making process. If you received a notice of public hearing in the mail and you have questions, please contact the staff member at the number listed on the notice.

Interested in Serving?
If a vacancy on the Board is noted above and you are interested in serving, please contact City Clerk Michelle Johnson at (937) 376-7235 or email.