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Board of Zoning Appeals, City of Dayton, Ohio (City of Dayton)

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(Revised 10/2013 A. Free)
1
in a
(Street Address)
Board of Zoning Appeals, City of Dayton, Ohio
Conditional Use Application
Complete this form online by typing within the highlighted fields or print and fill out manually. Make sure to add the required signature(s) in
blue or black ink and have the application notarized. If you have questions regarding the application or would like to schedule an application
interview please call (937) 333-3670. Return the application with the required fee and attachments.
City of Dayton
Department of Planning & Community Development
c/o Board of Zoning Appeals (6th Floor)
101 West Third Street
Dayton, Ohio 45402
An application for a Conditional Use from the provisions of the City of Dayton Zoning Ordinance for premises or
structure(s) located at:
(City Lot Number(s))
Proposed Use:
Complete the Following
(A) List additional permits or licenses required by other governmental offices
Describe vehicle types:
(Zoning District)
(D) Type(s) of flammable or explosive materials to be used and/ or stored on the property:
(B) Hours of operation - From: To:
S M T W TH F S
Days of operation:
(C) Number of vehicles to be used with proposed use:
AM PM PMAM
(E) Indicate type of utility service (sewer, water): Public
Private
Number of Employees:
Print Form
(Revised 10/2013 A. Free)
2
Dayton Board of Zoning Appeals
Application Instructions
Indicate the Location & Type of Proposed Design Features:
Such features should be depicted on the site plan and/ or elevation views provided with this application.
(A) Exterior Lighting
(B) Landscaping
(C) Screen Fencing
(D) Exterior Wall Surface Material
(E) Signs
(F) Traffic Ingress & Egress
(G) If any of the above features are not provided, indicate reason.
(Revised 10/2013 A. Free)
3
of the property which is subject to this application.
Dayton Board of Zoning Appeals
Application Instructions
Name
Address
Applicant
City State Zipcode
Phone E-Mail
Print Name
Owner
Name
Address
City State Zipcode
E-Mail
Print Name
(Interest of Applicant)
The applicant is
I hereby depose and say that the above statements and the statements contained in all exhibits transmitted herewith
are true.
Print Name
Phone
Required Attachment(s):
Site Plan/ Floor Plan(s)/ Exhibits (8.5" x 11" or digital JPEG/ PDF)
Zoning Refusal, Notice of Violation, or Landmark Denial
Vicinity Map
Property Owner's List
Mailing Labels (Avery 5160)
Notary Public
Applicant's Signature
Signature
Signature
My commission expires on , 20
Subscribed and sworn before me this day of , 20
(Revised 10/2013 A. Free)
4
When properly completed, this form and required attachments meet most of the variance requirements for the City of
Dayton Zoning Ordinance. This application should only be completed after receiving a written Zoning Administration
Refusal, Legal Notice of Violation, or City Landmarks Commission denial, and information contained within these is
necessary to complete the application correctly.
Filing Procedure
An application for a variance must be filed with the Department of Planning & Community Development, c/o Dayton
Board of Zoning Appeals (6th Floor), Dayton City Hall, 101 W. Third Street, Dayton, OH 45402, (937) 333-3670.
Applications are scheduled for hearings based on application deadlines. See the BZA hearing schedule and application
deadlines at http://cityofdayton.org/departments/pcd/Documents/Applications/BZAApplicationDeadlines.pdf
The application shall be typewritten, printed legibly in blue or black ink, or filled out online using Adobe Reader
software. Applications which are not complete or legible will be returned to the applicant, and will not be scheduled
for public hearing until complete. Incomplete applications shall be a basis for denial.
Required Contents of Application
All materials submitted as part of this application and presented at the public hearing must be retained as part of the
public record and cannot be returned. Applicants are encouraged to keep a copy of all items for their own records.
At a minimum the application must contain the following:
1. One (1) notarized copy of the appropriate completed BZA Application.
2. One (1) copy of the site plan, floor plan(s), and other exhibits at 8.5" x 11" size. A digital copy in JPEG
or PDF format may also be submitted in lieu of paper copies.
3. One (1) copy of the vicinity map showing all properties within 250 feet of the subject property at
8.5" x 11" size. See next page for instructions.
4. One (1) copy of the Property Owner's List containing the names and addresses of the property owners
within 250 feet of the subject property. See next page for instructions.
5. One (1) set of mailing labels (Avery 5160 or equivalent) with the names and addresses of the property
owners within 250 feet of the subject property. See next page for instructions.
6. One (1) copy of the Zoning Administration Refusal, Legal Notice of Violation, or City Landmarks
Commission denial.
7. Filing Fee (per Ordinance 30712-08, Revised February 7, 2008):
Conditional Use $250.00
Bulk/ Area Variance $200.00
Use Variance $200.00
Appeal $100.00
Dayton Board of Zoning Appeals
Application Instructions
(Revised 10/2013 A. Free)
5
1. Application Form
The Applicant's notarized signature is required on BZA Applications. The Department of Planning &
Community Development can notarize the signature at not cost, if needed. All of the blanks (unless marked
optional) must be completed. Explanations may be continued on additional sheets of paper if the space
provided is insufficient.
2. Site Plan, Floor Plan(s), and Other Exhibits
Site and Floor Plan(s) must include the location and dimensions of existing and proposed buildings, structures,
vehicular access, off-street parking lots (including spaces), signs, property lines, and other exhibits required per
Section 150.115.6. Attach to application in 8.5" x 11" size or include a digital copy in JPEG or PDF format. All
plans and exhibits submitted with the application must be the same information as reviewed by the Zoning
Administrator. If any changes are made, it must first be reviewed by the Zoning Administrator again before
filing an application.
3. Vicinity Map
A Vicinity Map can be obtained by visiting the Montgomery County, Ohio Auditor's website at
www.mcrealestate.org. Conduct a Property Search using the subject property address. View the Property
Details then select the Maps option. When the map is fully loaded, use the Binoculars tool and select Buffer
250 Foot from the list. Place a point on the map as a reference for the 250 foot buffer; Choose the subject
property from the map (parcel should already be highlighted). Once the buffer is complete, all properties within
250 feet will be highlighted (rights-of-way may also be highlighted).
Print Results using the Printer icon within the Results window; Save As or Open as an Excel file containing
the property owner information. Minimize the Excel file to use later for the Property Owner's List/ Mailing
Labels. Zoom to Results with the Magnifying Glass icon in the Results window, the Collapse the Results
window. Using your web browser, Print the Vicinity Map with Landscape orientation and attach to the
application.
4. Property Owner's List & Mailing Labels
Cut and paste the property owner information from the original Excel file to a new file using the column fields
MName1, Address1, & Address3. If information is missing, consult additional columns in the original Excel
file. Select the column headings (Mname1, Address1, & Address3) and Filter (in top menu bar) MName1 and
Sort A to Z, then scroll through the list and delete duplicate entries. Save the new Excel file for use later.
A Property Owner's List & Mailing Labels can be created in Microsoft Word using the new Excel file you
created. Under the Mailings tab in Microsoft Word choose Start Mail Merge and select Step by Step Mail
Merge Wizard from the drop-down menu. Refer to the Mail Merge menu (right side of screen) to complete the
steps.
Step 1: Choose Labels as Document Type and click Next at the bottom of the menu.
Step 2: Select Label Options; Choose Avery US Letter as the Label Vendor and 5160 as the Product Number.
Step 3: Select Recipients (Browse) and choose the new Excel file you created.
Step 4: Arrange Recipients (Address Block) and Match Fields (First Name - MName1, Address 1 -
Address1, City - Address3) to assure labels populate correctly; Update Labels.
Step 5: Preview Labels to make sure addresses field are correct. Complete the Merge.
Step 6: Edit Individual Labels to check for accuracy. Save and Print as the Property Owner's List using plain
paper. Print as Mailing Labels on an Avery 5160 label sheet. Attach Property Owner's List and Mailing Labels
to the application.
Dayton Board of Zoning Appeals
Application Instructions
(Revised 10/2013 A. Free)
6
Dayton Board of Zoning Appeals
Application Instructions
150.535 General Criteria for all Conditional Uses
A conditional use and uses accessory to such conditional use shall be permitted in the district only when specified as a
conditional use in such district, and only if such use conforms to the following criteria, which are in addition to specific
conditions, standards and regulations set forth in Section 150.565. The Board of Zoning Appeals shall review the particular
facts and circumstances of each proposed use in terms of the following criteria and shall find adequate evidence that:
(A) The conditional use will be designed, constructed, operated, and maintained so as to be harmonious and
appropriate with the prevailing, existing, or intended character of the general vicinity.
(B) The establishment, maintenance, or operation of the conditional use will not endanger the public health, safety
or general welfare.
(C) The conditional use will not be more hazardous or more disturbing to the existing and future use and enjoyment
of properties in the immediate vicinity than uses that are permitted by right, nor substantially diminish or impair
property values within the neighborhood.
(D) The establishment of the conditional use in the proposed location will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the district.
(E) The conditional use will be minimally impacted in the future by surrounding uses permitted by the right that
may be incompatible with the proposed conditional use. (Ordinance 30515-05, passed 12-28-05)
150.540 Action by the Board of Zoning Appeals
(A) The Board of Zoning Appeals shall take one of the following actions:
(1) If the proposed conditional use is determined by the Board of Zoning Appeals to be appropriate and in
conformance with the review criteria outlined in Section 150.535, the Board of Zoning Appeals shall
approve the conditional use certificate. As part of the approval, the Board of Zoning Appeals may prescribe
reasonable requirements on the proposed use to ensure that the development conforms with the intent and
purposes of Section 150.535.
(2) The Board of Zoning Appeals shall deny the application if the Board concludes that the proposed
conditional use will not be in compliance with the requirements of this Zoning Code. Such action shall be
stated in writing and include specific findings, based upon the evidence submitted, justifying such a
conclusion.
(B) If the Board of Zoning Appeals fails to act within 60 days from the date the application was officially accepted
by the Secretary of the Board of Zoning Appeals, or an extended period as may be agreed upon, then the applicant
my deem the application denied. (Ordinance 30515-05, passed 12-28-05)
150.550 Terms and Duration of Conditional Use Permit
(A) Following the Board's approval of a use and/ or application for a written decision, the Zoning Administrator
shall issue a conditional use permit. Once the written decision has been issues, the applicant shall apply to the
Zoning Administrator for approval of a site design plan application.
(B) A conditional use permit shall expire one year from the date of issuance, unless:
(1) The site design plan is approved for uses that require a site design plan;
(Revised 10/2013 A. Free)
7
Dayton Board of Zoning Appeals
Application Instructions
(2) In the opinion of the Zoning Administrator, substantial progress in the establishment of the use is
accomplished; or
(3) As otherwise specifically approved by the Board of Zoning Appeals.
(Ordinance 30515-05, passed 12-28-05)
150.565 Specific Regulations for Conditional and P* Uses
(A) The regulations for specific uses contained in Sub-section 150.565.1 et. sec. are for certain land uses and and are
in addition to the standards set forth in the Use District Regulations and other Sections of this Zoning Code. The
standards are applicable and must be compiled with whether the use is listed with a P* or as a Conditional Use in
the applicable zoning district. All standards contained in the regulations governing specific zoning districts shall
apply unless inconsistent with the specific standards set forth herein.
(B) For those land uses in the Campus- Institutional District that may or may not have specific regulations below,
these uses shall also be reviewed pursuant to the standards in Sub-section 150.335.9, Development and Design
Guidelines. (Ordinance 30501-05, passed 12-28-05)
P* A use permitted by right as a principal use, if the use complies with the regulations in Section 150.500
Conditional Use and Specific Use Regulations.
Public Hearing Procedure
An application for an appeal, variance, or conditional use shall be filed on the proper form and the application fee paid, and
shall be scheduled for the Board of Zoning Appeals public hearing within sixty (60) days, unless the applicant agrees to a
later date. Appeals shall be filed by written notice to the Secretary of the Board of Zoning Appeals within thirty (30) days
and shall specify the grounds for such appeal. Written notice for hearings of Board of Zoning Appeals shall be sent at least
fourteen (14) days prior to the hearing by first class mail to the owners of property within 250 feet of the applicant's
property and shall state the time, place, date, and subject of the hearing. Applicants, or their representatives, are expected to
be present at the hearing. If a public hearing is recessed and is announced at the time of adjournment, the continued hearing
shall not require further notice.
The order of the public hearing is generally as follows:
1. Planning staff report presentation 4. Comments from public in opposition to variance
2. Applicant's presentation 5. Rebuttal and summaries
3. Comments from public in favor of variance 6. Closure of public hearing
The Board may propose a decision on the application following the hearing. However, any action taken at this time is
unofficial until the minutes of the hearing are approved, and written decision order is signed and issued by the Secretary of
the Board. The applicant will receive the original copy of the final decision order by mail within fourteen (14) days.
The Zoning Administrator is not able to issue any permits until the decision order is issues. A decision of the City of Dayton
Board of Zoning Appeals is final. Decisions cannot be appealed to the Dayton City Commission.
(Revised 10/2013 A. Free)
8
Dayton Board of Zoning Appeals
Application Instructions
Example: Vicinity Map
Example: Property Owners List/
Mailing Labels (Avery 5160)
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Completed 3 August 2020

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