Ohio Rev. Code » Chapter 303
Ohio Revised Code

Ohio Rev. Code § 303.14 (2026)

County board of zoning appeals - powers and duties

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Effective:
November 2, 2018
Latest Legislation:
House Bill 34 - 132nd General Assembly
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The county board of zoning appeals may:

(A) Hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of sections 303.01 to 303.25 of the Revised Code, or of any resolution adopted pursuant thereto;

(B) Authorize upon appeal, in specific cases, such variance from the terms of the zoning resolution as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the resolution will result in unnecessary hardship, and so that the spirit of the resolution shall be observed and substantial justice done;

(C) Grant conditional zoning certificates for the use of land, buildings, or other structures if such certificates for specific uses are provided for in the zoning resolution. If the board considers conditional zoning certificates for activities that are permitted and regulated under Chapter 1514. of the Revised Code or activities that are related to making finished aggregate products, the board shall proceed in accordance with section 303.141. of the Revised Code.

(D) Revoke an authorized variance or conditional zoning certificate granted for the extraction of minerals, if any condition of the variance or certificate is violated.

The board shall notify the holder of the variance or certificate e ither by certified mail o r, if the board has record of an internet identifier of record associated with the holder, by ordinary mail and by that internet identifier of record of its intent to revoke the variance or certificate under division (D) of this section and of the holder's right to a hearing before the board within thirty days of the mailing of the notice if the holder 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 attorney, or by other representative, or the holder may present the holder's position in writing. The holder may present evidence and examine witnesses appearing for or against the holder. If no hearing is requested, the board may revoke the variance or certificate without a 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-mentioned powers, the board may, in conformity with such sections, reverse or affirm, wholly or partly, or 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.

As used in this section, "internet identifier of record" has the same meaning as in section 9.312 of the Revised Code.
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1987–2021 · leading case: Smith v. Warren Cty. Rural Zoning Bd. of Zoning Appeals, 2019-Ohio-1590.
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Smith v. Warren Cty. Rural Zoning Bd. of Zoning Appeals, 2019-Ohio-1590. · cites it 13× “BZA's Authority to Issue a Variance {¶ 19} R.C. 303.14 "sets forth the powers of a county board of zoning appeals.”
Eckert v. Warren Cty. Rural Bd. of Zoning Appeals, 2018-Ohio-4384. · cites it 10× “{¶ 17} THE COMMON PLEAS COURT ERRED IN FAILING TO ENFORCE THE "SPECIFICITY" REQUIREMENTS OF R.C. 303.14(C), AND CODE SECTIONS 1.204.1(D) AND 1.”
Holiday Homes, Inc. v. Butler Cnty. Bd. of Zoning Appeals, 520 N.E.2d 605 (Ohio Ct. App. 12th Dist. 1987). · cites it 8× “R.C. 303.14 then sets forth the powers of a county board of zoning appeals.”
Verbillion v. Enon Sand & Gravel, L.L.C., 2021-Ohio-3850, 180 N.E.3d 638. · cites it 3× “02(A), R.C. 303.14(C), R.C. 303.141(A), and cases interpreting these and similar statutes.”
Dsuban v. Union Twp. Bd. of Zoning Appeals, 748 N.E.2d 597 (Ohio Ct. App. 12th Dist. 2000). “It refers to the general power of a municipal board to "permit exceptions to and variances from the district regulations in the classes of cases or situations specified in the regulations.” R.C. 713.11(A). Thus, unlike townships and counties, there is no specific standard in the…”
Klein v. Hamilton Cnty. Bd. of Zoning Appeals, 716 N.E.2d 268 (Ohio Ct. App. 1st Dist. 1998). “They require (1) that the variance not be contrary to the public interest, (2) that literal enforcement of the zoning law result in unnecessary hardship, and (3) that the spirit of the resolution be observed and substantial justice be done.”
State ex rel. Marsalek v. Council of City of South Euclid, 855 N.E.2d 811 (Ohio 2006). “021 additionally specify that nothing in their provisions prevents a board of county commissioners or a board of township trustees “from authorizing a planned-unit development as a conditional use in the zoning resolution” pursuant to R.C. 303.14(C) and 519.14(C). There is no…”
Families Against Reily/Morgan Sites v. Butler Cnty. Bd. of Zoning Appeals, 564 N.E.2d 1113 (Ohio Ct. App. 12th Dist. 1989). · cites it 3× “02, R.C. 303.14(C) states that a county board of zoning appeals is authorized to “[gjrant conditional zoning certificates for the use of land, buildings, or other structures if such certificates for specific uses are provided for in the zoning resolution[.”
Ohio Rev. Code § 303.14(B): 3 cases
Smith v. Warren Cty. Rural Zoning Bd. of Zoning Appeals, 2019-Ohio-1590. “BZA's Authority to Issue a Variance {¶ 19} R.C. 303.14 "sets forth the powers of a county board of zoning appeals.”
Dsuban v. Union Twp. Bd. of Zoning Appeals, 748 N.E.2d 597 (Ohio Ct. App. 12th Dist. 2000). “It refers to the general power of a municipal board to "permit exceptions to and variances from the district regulations in the classes of cases or situations specified in the regulations.” R.C. 713.11(A). Thus, unlike townships and counties, there is no specific standard in the…”
Klein v. Hamilton Cnty. Bd. of Zoning Appeals, 716 N.E.2d 268 (Ohio Ct. App. 1st Dist. 1998). “They require (1) that the variance not be contrary to the public interest, (2) that literal enforcement of the zoning law result in unnecessary hardship, and (3) that the spirit of the resolution be observed and substantial justice be done.”
Ohio Rev. Code § 303.14(C): 5 cases
Eckert v. Warren Cty. Rural Bd. of Zoning Appeals, 2018-Ohio-4384. “{¶ 17} THE COMMON PLEAS COURT ERRED IN FAILING TO ENFORCE THE "SPECIFICITY" REQUIREMENTS OF R.C. 303.14(C), AND CODE SECTIONS 1.204.1(D) AND 1.”
Verbillion v. Enon Sand & Gravel, L.L.C., 2021-Ohio-3850, 180 N.E.3d 638. “02(A), R.C. 303.14(C), R.C. 303.141(A), and cases interpreting these and similar statutes.”
Holiday Homes, Inc. v. Butler Cnty. Bd. of Zoning Appeals, 520 N.E.2d 605 (Ohio Ct. App. 12th Dist. 1987). “R.C. 303.14 then sets forth the powers of a county board of zoning appeals.”
State ex rel. Marsalek v. Council of City of South Euclid, 855 N.E.2d 811 (Ohio 2006). “021 additionally specify that nothing in their provisions prevents a board of county commissioners or a board of township trustees “from authorizing a planned-unit development as a conditional use in the zoning resolution” pursuant to R.C. 303.14(C) and 519.14(C). There is no…”
Families Against Reily/Morgan Sites v. Butler Cnty. Bd. of Zoning Appeals, 564 N.E.2d 1113 (Ohio Ct. App. 12th Dist. 1989). “02, R.C. 303.14(C) states that a county board of zoning appeals is authorized to “[gjrant conditional zoning certificates for the use of land, buildings, or other structures if such certificates for specific uses are provided for in the zoning resolution[.”
Ohio Rev. Code § 303.14(D): 1 case
Holiday Homes, Inc. v. Butler Cnty. Bd. of Zoning Appeals, 520 N.E.2d 605 (Ohio Ct. App. 12th Dist. 1987). “R.C. 303.14 then sets forth the powers of a county board of zoning appeals.”
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