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Cincinnati City Zoning Code

CHAPTER 1439

DECISION-MAKING BODIES AND OFFICIALS

§ 1439-01.- Purpose.

For the convenience of the user of the Cincinnati Zoning Code, this chapter lists the city decision-making bodies and officials that have responsibility for implementing and administering this Code. Other city officials and departments also having specific responsibilities related to this Code are identified in the appropriate sections of the Cincinnati Zoning Code. This chapter does not confer or limit any authority not otherwise granted or limited. The authority of the decision-making bodies is prescribed in the referenced documents.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

§ 1439-03. - Director of City Planning.

The Director of City Planning is appointed pursuant to Administrative Code Article XXV, § 1 and has the following powers and duties under Cincinnati Zoning Code:

(a)

Administrative Duties. The Director of City Planning administers the Department of City Planning.

(b)

Staff to the City Planning Commission. The Director of City Planning acts as staff to the City Planning Commission and provides professional guidance to the commission, including departmental reports on zoning applications decided by the Commission.

(c)

Planning Advice and Studies. The Director of City Planning advises the Council and City Manager and other local officials on matters affecting the physical development of the city and prepares comprehensive plans, urban design plans, environmental studies and other plans and planning-related studies.

(d)

District Boundary Lines. The Director of City Planning is authorized to interpret the exact location of zoning district boundary lines in such a way as to carry out the intent and purpose of the Cincinnati Zoning Code and the Zoning Map for the particular section or district in question.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; r. Ord. No. 042-2012, § 8, eff. March 29, 2012; Emer. Ord. No. 141-2015, § 59, eff. July 1, 2015)

§ 1439-05. - Director of Buildings and Inspections.

The Director of Buildings and Inspections is appointed pursuant to Administrative Code Article XXI, § 1 and has the following powers and duties under Cincinnati Zoning Code:

(a)

Administrative Duties. The Director of Buildings and Inspections administers the Department of Buildings and Inspections and serves as the Chief Building Official for the city.

(b)

Permits and Inspections. The Director of Buildings and Inspections conducts reviews and inspections to ensure that all building permits and uses of land within the city are in compliance with building, housing, and zoning codes, and other related codes and regulations, including the historic preservation code and historic guidelines.

(c)

Code Enforcement. The Director of Buildings and Inspections inspects existing buildings and uses of land for compliance with building, housing, and zoning codes, and other related codes and regulations, including the historic preservation code and historic guidelines, and may take enforcement action as necessary to abate nuisance, unsafe, and hazardous conditions and to otherwise ensure code compliant maintenance of buildings.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; r. Ord. No. 042-2012, § 8, eff. March 29, 2012; reordained by Emer. Ord. No. 141-2015, § 60, eff. July 1, 2015)

§ 1439-07. - Zoning Hearing Examiner (effective until May 15, 2022).

Pursuant to Chapter 1443, the Zoning Hearing Examiner conducts public hearings and makes decisions, subject to appeal to the Zoning Board of Appeals, on applications for:

(a)

Variances;

(b)

Special exceptions;

(c)

Conditional uses;

(d)

Expansion or substitution of nonconforming uses;

(e)

Development permission in Hillside Overlay Districts;

(f)

Development permission in Urban Design Overlay Districts; and

(g)

Phased development in the DD District.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 0025-2007, § 1, eff. Feb. 18, 2007; a. Ord. No. 0058-2008, § 1, eff. March 13, 2008; a. Emer. Ord. No. 418-2021, §§ 14, 39, 40, eff. Nov. 10, 2021)

§ 1439-07. - Zoning Hearing Examiner (effective as of May 15, 2022).

Pursuant to Chapter 1443, the Zoning Hearing Examiner conducts public hearings and makes decisions, subject to appeal to the Zoning Board of Appeals, on applications for:

(a)

Variances;

(b)

Special exceptions;

(c)

Conditional uses;

(d)

Expansion or substitution of nonconforming uses;

(e)

Development permission in Hillside Overlay Districts;

(f)

Phased development in the DD District.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 0025-2007, § 1, eff. Feb. 18, 2007; a. Ord. No. 0058-2008, § 1, eff. March 13, 2008; a. Emer. Ord. No. 418-2021, §§ 14, 39, 40, eff. Nov. 10, 2021)

§ 1439-09. - Historic Conservation Board.

The Historic Conservation Board is established pursuant to Article XXX, § 4 of the Administrative Code and has the following powers and duties under the Cincinnati Zoning Code:

(a)

To hear applications for designation of historic districts, structures or sites and to make recommendation to the City Planning Commission on designation applications. See § 1435-07

(b)

To approve, conditionally approve or deny applications for Certificates of Appropriateness. See § 1435-13.

(c)

To assume the powers and duties of the Zoning Hearing Examiner to hear and approve, conditionally approve or deny applications for conditional uses, nonconforming uses, variances or special exceptions for those applications relating to property wholly or partially within a designated historic district or site or involving a designated landmark. See § 1435-27.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; Emer. Ord. No. 141-2015, § 61, eff. July 1, 2015)

§ 1439-11. - Zoning Board of Appeals (effective until May 15, 2022).

The Zoning Board of Appeals is established pursuant to Article XXX, § 6 of the Administrative Code and has the following powers and duties under the Cincinnati Zoning Code and the Land Development Code:

(a)

To hear and decide appeals from any order, decision, determination or interpretation made by the Director of Buildings and Inspections and those serving under the authority of the director in the administration or the enforcement of this Code and the Land Development Code, pursuant to the procedures and standards established in Chapter 1449, Zoning Board of Appeals.

(b)

To hear and decide appeals from any order, decision, determination or interpretation made by the Zoning Administrator in the administration or the enforcement of this Code and the Land Development Code, pursuant to the procedures and standards established in Chapter 1449, Zoning Board of Appeals.

(c)

To hear and decide appeals from any decision of the Zoning Hearing Examiner, pursuant to the procedures and standards established in Chapter 1449, Zoning Board of Appeals.

(d)

To hear and decide appeals from any decision of the Historic Conservation Board.

(e)

To hear and decide all other appeals as provided for by this Code and the Land Development Code.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; Emer. Ord. No. 141-2015, § 62, eff. July 1, 2015; Emer. Ord. No. 244-2015, § 1, eff. July 1, 2015; a. Emer. Ord. No. 418-2021, §§ 15, 39, 40, eff. Nov. 10, 2021)

§ 1439-11. - Zoning Board of Appeals (effective as of May 15, 2022).

The Zoning Board of Appeals is established pursuant to Article XXX, § 6 of the Administrative Code and has the following powers and duties under the Cincinnati Zoning Code and the Land Development Code:

(a)

To hear and decide appeals from any order, decision, determination or interpretation made by the Director of Buildings and Inspections and those serving under the authority of the director in the administration or the enforcement of this Code and the Land Development Code, pursuant to the procedures and standards established in Chapter 1449, Zoning Board of Appeals.

(b)

To hear and decide appeals from any order, decision, determination or interpretation made by the Zoning Administrator in the administration or the enforcement of this Code and the Land Development Code, pursuant to the procedures and standards established in Chapter 1449, Zoning Board of Appeals.

(c)

To hear and decide appeals from any decision of the Zoning Hearing Examiner, pursuant to the procedures and standards established in Chapter 1449, Zoning Board of Appeals.

(d)

To hear and decide appeals from any decision of the Historic Conservation Board.

(e)

To hear and decide all other appeals as provided for by this Code and the Land Development Code.

(f)

To conduct public hearings and makes decisions on certain applications for development permissions in Urban Design Overlay Districts.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; Emer. Ord. No. 141-2015, § 62, eff. July 1, 2015; Emer. Ord. No. 244-2015, § 1, eff. July 1, 2015; a. Emer. Ord. No. 418-2021, §§ 15, 39, 40, eff. Nov. 10, 2021)

§ 1439-13. - City Planning Commission.

The City Planning Commission is established by Article VII, § 2 of the Charter, is authorized to make plans and maps of the city and carry out other planning functions pursuant to powers and duties granted under the Charter. The Cincinnati Zoning Code and the Land Development Code grant the City Planning Commission the following authority:

(a)

To review and approve, or report to Council reason for failure to approve amendments to the Cincinnati Zoning Code or the Zoning Map, pursuant to the Charter Article VII, § 6.

(b)

To approve, conditionally approve or deny Interim Development Control District permits, pursuant to the provisions of Chapter 1431, IDC Interim Development Control Overlay District.

(c)

To approve, conditionally approve or deny final development plans in Planned Development District applications, pursuant to the provisions of Chapter 1429, Planned Development District.

(d)

To hear and decide applications for relief from the provisions of the Cincinnati Zoning Code under the same authority granted to, and exercised by, the Zoning Hearing Examiner pursuant to Cincinnati Zoning Code Chapter 1445 when such relief is requested in connection with an application to subdivide land.

(e)

To hear and decide applications for development permission in Hillside Overlay Districts under the same authority granted to, and exercised by, the Zoning Hearing Examiner pursuant to Cincinnati Zoning Code Chapter 1433 when such permission is requested in connection with an application to subdivide land.

(f)

To hear and decide applications for development permission in Urban Design Overlay Districts under the same authority granted to, and exercised by, the Zoning Hearing Examiner pursuant to Cincinnati Zoning Code Chapter 1437 when such permission is requested in connection with an application to subdivide land.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 0050-2019, §§ 11, 12, eff. 2-6-2019)

§ 1439-15. - Council.

The Council has the following powers and duties under this Code:

(a)

To adopt amendments to the Cincinnati Zoning Code and the Zoning Map, pursuant to the Charter, following action by the City Planning Commission.

(b)

To hear and decide appeals from decisions of the City Planning Commission on Interim Development Control District permits, pursuant to the provisions of Chapter 1431, Interim Development Control Overlay District.

(c)

To hear appeals arising out of the use of property owned or operated by the State of Ohio, Hamilton County, the City of Cincinnati, the Board of Education of the City School District of the City of Cincinnati, the University of Cincinnati or any agency of the state or its political subdivisions. See § 1449-01.

(d)

To hear appeals arising out of the grant or denial of any permit for the use of property as a correctional facility or as a community correctional facility. See § 1449-01.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)