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Sec. 7. - Board of Housing Appeals.

There is hereby established a board of housing appeals. The board shall have the duties and powers imposed by ordinance and this code. The board shall hear appeals taken from notices of violation, decisions, and orders by the property maintenance deputy pursuant to his or her enforcement of the property maintenance related provisions of the building and housing codes, including decisions and orders related to vacant building maintenance licenses, provided that appeals from orders and adjudications arising under his or her enforcement of revised code chapter 3781, revised code chapter 3791, and the rules made under them, including the Ohio building code and the residential code of Ohio, shall be taken to the board of building appeals. The members of the board shall also serve as members of the community reinvestment area housing council pursuant to revised code 3735.69 and shall have the powers and duties imposed on the community reinvestment area housing council by the revised code.

The board of housing appeals shall consist of seven members as follows:

(a)  two persons appointed by the mayor;

(b)  two persons appointed by the council;

(c)  one person appointed by the city planning commission; and.

(d)  two persons appointed by the foregoing members, which persons shall be residents of the city of Cincinnati.

Each member must hold at least one of the following qualifications:

(a)  be an attorney, licensed in the state of Ohio and in good standing to practice law;

(b)  be a community council president or community council board member; or

(c)  be knowledgeable in matters relating to real estate, the rehabilitation of buildings, redevelopment financing, or property management.

Members shall be appointed for three-year terms.

The board's rules and procedures shall provide that the fire department, police department, and property management code enforcement division of the department of buildings and inspections be notified of all hearings and, as necessary, be requested to give testimony to assist the board in evaluating matters of public safety.

(Ordained by Emer. Ord. No. 044-2015, § 16, eff. July 1, 2015)

Sec. 111-1. - Hearings on Zoning Regulations.

A committee of council shall hold a public hearing on a proposed ordinance to amend the zoning code or the building zone map before reporting its recommendation to council. The clerk of council shall fix the time and place for the hearing. The clerk shall publish notice of the public hearing in the City Bulletin or in another newspaper of general circulation in the city. Council may pass an ordinance to establish an interim development control district without prior public hearing or notice. Except in the case of an extension of an Interim Development Control Overlay District, the clerk shall keep available for public inspection at least 14 days in advance of the hearing a copy of the proposed ordinance and all maps, plans, and reports relating to the ordinance received from the city planning commission. The clerk shall also mail notice of the public hearing on an ordinance to amend the building zone map to a community council representing the area to be rezoned. The clerk shall mail notice of the public hearing on an ordinance to amend the zoning code to all community councils.

If the ordinance is to amend the building zone map by rezoning ten or fewer parcels the clerk shall mail notice to the owners of property within, contiguous to, or directly across a public street from the area being rezoned. The owners and their mailing addresses shall be determined from the current tax list of the county auditor.

Except in the case of an extension of an Interim Development Control Overlay District, the clerk, when required to give notice, shall cause the advertisement to appear and send the notice by first class mail at least 14 days in advance of the hearing. The failure to notify by mail a person, other than an owner of property, required to be mailed notice shall not invalidate an ordinance.

In the case of an extension of an Interim Development Control Overlay District, the clerk, when required to give notice, shall cause the advertisement to appear and send the notice by first class mail at least 7 days in advance of the hearing. The failure to notify by mail a person, other than an owner of property, required to be mailed notice shall not invalidate an ordinance. The clerk shall keep available for public inspection at least 7 days in advance of the hearing a copy of the proposed ordinance and all maps, plans, and reports relating to the ordinance received from the city planning commission.

A community council shall mean an organization participating in the neighborhood support program or included on a list of community councils approved by the city council and filed with the clerk. The area of representation of a community council shall be shown on a map approved by the city council and filed with the clerk. City council may approve a map showing an area as being represented by more than one community council.

Section 713.12 of the Ohio Revised Code is hereby declared inoperative in the City of Cincinnati.

(Sec. 106-17; ordained by Ord. No. 4-1969, off. Feb. 1, 1969; renumbered to C.M.C. 109-15, eff. Jan. 1, 1972; a. Ord. No. 508-1974, eff. Dec. 18, 1974; renumbered to C.M.C. 111-1 and a. Ord. No. 249-1979, eff. July 13, 1979; a. Ord. No. 234-1993, eff. July 23, 1993; Emer. Ord. No. 36-2005, eff. Jan. 26, 2005)

Cross reference— Zoning code of the City of Cincinnati, tit. XIV.

Sec. 111-5. - Notice and Hearings on Notwithstanding Ordinances.

The property owner shall file a written application with the Director of City Planning outlining the need for relief from existing legislative and administrative procedures. The application shall include the address of the subject property, the name and address of the property owner, the proposed use of the property, a copy of the building zone map showing the subject property, and a statement outlining all of the practical difficulties created by following existing legislative and administrative procedures. The director shall immediately forward a copy of the application to the clerk of council and shall prepare a report on the application, which shall be submitted to the clerk of council prior to the scheduled public hearing. The failure to receive a staff report prior to the public hearing shall not prohibit the committee from proceeding with the scheduled public hearing and shall not invalidate an ordinance.

A committee of council shall hold a public hearing on a proposed notwithstanding ordinance relative to the zoning code or the building zone map before reporting its recommendation to council. The clerk of council shall fix the time and place for the hearing. The clerk shall publish notice of the public hearing in the City Bulletin or in another newspaper of general circulation in the city at least 14 days in advance of the hearing. The clerk shall keep a copy of the application available for public inspection at least 14 days in advance of the hearing.

The clerk shall also mail notice of the public hearing to a community council representing the location of the application and to all owners of property located within a 400-foot radius of the subject property at least 14 days prior to the hearing. The owners and their mailing addresses shall be determined from the current tax list of the county auditor. The failure to notify by mail an owner of property or a community council shall not invalidate an ordinance.

A community council shall mean an organization participating in the neighborhood support program or included on a list of community councils approved by the city council and filed with the clerk. The area of representation of a community council shall be shown on a map approved by the city council and filed with the clerk. City council may approve a map showing an area as being represented by more than one community council.

The committee of council shall consider the following when making a recommendation to council:

Whether the proposed application will not have an adverse effect on the character of the area or the public health, safety and welfare;

Whether the proposed application is consistent with the purposes of this code and the zoning district where the subject property is located including but not limited to:

(a)  Providing a guide for the physical development of the city.

(b)  Preserving the character and quality of residential neighborhoods.

(c)  Fostering convenient, harmonious and workable relationships among land uses.

(d)  Achieving the arrangement of land uses described in the comprehensive plan for the development of the city as may have been adopted by council.

(e)  Promoting the economic stability of existing land uses and protecting them from intrusions by inharmonious or harmful land uses.

(f)  Providing opportunities for economic development and new housing for all segments of the community.

(g)  Creating pedestrian-friendly environments to reduce reliance on the automobile for travel.

(h)  Preventing excessive population densities and overcrowding of land or buildings.

(i)  Ensuring the provision of adequate open space for light, air and fire safety.

(j)  Ensuring that development is compatible with the environment, particularly on the hillsides and along the riverfront.

(k)  Promoting the conservation, protection, restoration and enhancement of the historic resources of the city.

(l)  Lessening congestion in the public streets by providing for off-street parking and loading areas for commercial vehicles.

(m)  Providing effective signage that is compatible with the surrounding urban environment.

(n)  Setting standards by which a nonconforming use may continue to function and to provide for the adaptive reuse of nonconforming buildings.

The committee's recommendation to council may include conditions or limitations on the use of the subject property and the length of time for continuation of the use of the subject property.

(Ordained by Ord. No. 381-2007, eff. Nov. 24, 2007; Emer. Ord. No. 141-2015, § 85, eff. July 1, 2015)

Sec. 207-5. - Composition of Board.

The Cincinnati Community Development Advisory Board shall consist of 17 voting members of whom 13 shall be of diverse community leadership/representation and four shall be city officials.

The board shall include a balanced representation from the following groups as specified below:

(a)  Neighborhood residents and community council members;

(b)  Institutions which lend money for housing, builders and developers of rental and nonrental housing and real estate brokers;

(c)  Small business groups, neighborhood businesses, city-wide manufacturing and industrial organizations;

(d)  Persons with professional knowledge of local housing needs and/or fair housing needs.

|Board Entity |# on Board |

| |(17) |

|Community Council/Neighborhood Leadership |3 members |

|Human Services |1 member |

|Trades/Labor |1 member |

|Low Income Advocate |1 member |

|Housing Authority |1 member |

|Small Business Advocate |1 member |

|Real Estate Community |1 member |

|Developer |1 member |

|Lenders |1 member |

|Corporate Community |1 member |

|Community Development Corporation (CDC) |1 member |

|City of Cincinnati Representatives |4 members |

 

Vacancies on the board shall be filled by appointment. Board members filling unexpired terms created by such vacancies shall serve the unexpired term of the successor member's predecessor.

Notwithstanding the above, no person who is a member of the community development advisory board when this ordinance is enacted shall lose his/her membership.

Notwithstanding the provisions contained herein, the community development advisory board may, at one time, have no more than four members who receive or who are affiliated with organizations which receive funds from the Community Development Block Grant Program, the HOME Investment Partnerships Program, the Emergency Shelter Grant Program, Housing Opportunities for Persons with AIDS, or their successor programs. Any member who is receiving, requesting, or who is associated with an organization receiving or requesting such funding shall not participate in any community development advisory vote to provide or deny funding which may affect him personally or any organization with which he is affiliated.

For purposes of this chapter "affiliated" means employees, officers, members of the governing body and members with fiduciary responsibilities within an agency, organization or for-profit entity.

(C.M.C. 207-5; ordained by Ord. No. 464-1991, eff. Nov. 20, 1991; a. Ord. No. 1-1992, eff. Jan. 8, 1992; a. Ord. No. 275-1995, eff. Sept. 1, 1995; a. Ord. No. 293-2006, § 1, eff. Nov. 11, 2006)

Sec. 829-7. - Requirements to License.

No person shall be licensed to operate a dance hall if he has been convicted within the preceding ten years of a felony or if he has been convicted within the preceding five years of a misdemeanor involving moral turpitude. No license shall be issued to a firm or corporation if any officer of the firm or corporation has been convicted within the preceding ten years of a felony or if any officer has been convicted within the preceding five years of a misdemeanor involving moral turpitude.

No license to operate a dance hall shall be issued without the written approval of the department of buildings and inspections and the fire division indicating the building is constructed and maintained in strict accordance with all laws, ordinances and regulations governing the erection, maintenance and conduct of buildings used for such purpose. No application for renewal of an existing license shall be approved if prior to the expiration of the existing license the department of buildings and inspections or the fire division notifies the city treasurer in writing that the building is not constructed or maintained in strict accordance with all laws, ordinances and regulations governing the erection, maintenance and conduct of buildings used for such purpose.

No license to operate a dance hall shall be issued until notice has been given to all property owners within 300 feet of the dance hall premises and to the community council of the area where the dance hall premises are located, at least 30 days prior to the license issuance. Such notice shall request from the property owners and community council information as to whether the issuance of the dance hall license will prejudice public decency, morals or good order, or will disturb the peace and quiet of the surrounding neighborhood.

(C.O. 715-5; renumbered to C.M.C. 829-7, eff. Jan. 1, 1972; a. Ord. No. 237-1979, eff. June 6, 1979; a. Ord. No. 93-1991, eff. Apr. 12, 1991; Emer. Ord. No. 238-2015, § 13, eff. July 1, 2015)

§ 1401-01-C16. - Community Service Facility.

"Community service facility" means a noncommercial facility established primarily for the benefit and service of the populations of the communities in which they are located, such as YMCA or YWCA facilities, boys and girls clubs and offices of community councils, non-profit civic, religious, welfare or philanthropic organizations.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 171-2006, § 3, eff. July 14, 2006; a. Ord. No. 159-2008, § 1, eff. June 7, 2008; a. Ord. No. 037-2010, § 2, eff. March 18, 2010; a. Ord. No. 127-2018, § 3, eff. July 6, 2018)

§ 1435-07-2-A. - Applications.

Application for the consideration of the designation of a Historic District, Historic Landmark or a Historic Site may be made by the filing of a designation application, in such form as the Historic Conservation Board may prescribe, by the owner of the subject property or by the owner of a property within the area proposed to be designated, by Council or a member of Council, by the City Manager, by the Urban Conservator, by the City Planning Commission, or by a local community organization, including, but not limited to, preservation associations and community councils. No Historic Structure or Historic Site may be demolished or excavated during the pendency of a designation application, which commences upon the filing of a complete designation application.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

§ 1435-09-1-D. - Notice of Application.

Within ten (10) days after the perfection date thereof, notice of all applications for Certificates of Appropriateness shall be sent to all city departments with authority over any aspect of the activities proposed, to all owners of properties located within two hundred feet (200') of all of the boundaries of the subject property, and to the community council in which the subject property is situated and to all abutting property owners. Such notice shall be by regular mail and electronic mail, if addresses have been provided or are otherwise readily available. The notice may include a time, date and place for a prehearing conference to be held by the Urban Conservator, to which the applicant, the property owner, and all interested city departments, and the aforementioned community council shall be invited. At such prehearing conference, the comments and recommendations of all interested city departments concerning their respective authority over the proposed improvements and their advice as to the appropriateness of the proposed improvements may be received and discussed with the applicant. No member of the Historic Conservation Board shall be present at any prehearing conference. All interested departments and civic organizations may promptly advise the Board in writing of their respective recommendations for approval, conditional approval, disapproval or modifications of the proposed improvements.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012; Emer. Ord. No. 141-2015, § 52, eff. July 1, 2015)

§ 1435-09-1-E. - Notice of Hearing.

For all Certificates of Appropriateness that are to be considered by the Historic Conservation Board as set forth in paragraph (b) above, the Board has the duty to provide notice of its hearing on an application to be postmarked by the U.S. Postal Service at least seven (7) days in advance of the hearing. Such notice shall be by regular mail and electronic mail, if addresses have been provided or are otherwise readily available, sent to the applicant, all owners of abutting properties, all owners of properties located within two hundred feet (200') of all of the boundaries of the subject property, the community council in which the subject property is situated, and to any other person who have made written requests to be notified of applications. The Board has the duty to publish a notice of each such application for a Certificate of Appropriateness in the City Bulletin at least seven (7) days in advance of acting on the application.

(Ordained by Ord. No. 217-2012, § 1, eff. July 20, 2012)

SECTION 6. - ZONE CHANGE AND TEXT AMENDMENT CONFERENCES.

A.  Proposed Zone Change and Text Amendment Conferences . The Director of the Department of City Planning and Buildings shall convene a public staff conference related to applications for a change to the zoning map prior to consideration of such zone change by the Commission. The Director of the Department of City Planning and Buildings may, in his or her discretion, convene a public staff conference related to an amendment to the text of the City of Cincinnati Zoning Code prior to consideration of such text amendment by the Commission. Public staff conferences shall be at a place and time to be determined in the discretion of the Director of the Department of City Planning and Buildings.

B.  Notice of Public Staff Conference for Zone Changes . Notice of a public staff conference for zone change shall be sent by regular mail and postmarked at least fourteen (14) calendar days prior to a conference to the following:

1.  When there are ten (10) or fewer parcels proposed to be changed, to owners of record of property within the area proposed for change and to all owners of property located within a 400-foot radius of the subject property. The community council representing the citizens in the area of concern shall also be notified.

2.  When there are ten (10) or more parcels proposed to be changed, to individuals or representatives of individuals and organizations who have specifically asked to be notified, to the community organization representing the citizens in the area of concern, to each owner of record of property within the boundary of the area for which the zoning district change has been proposed, and to other parties as the Director of the Department of City Planning and Buildings may deem advisable to notify.

C.  Notice of Public Staff Conference for Text Amendments . Notice of a public staff conference for a text amendment shall be sent by regular mail and postmarked at least fourteen (14) calendar days prior to a conference to the following:

1.  The community council representing the citizens in the area of concern; and

2.  To other parties as the Director of the Department of City Planning and Buildings may deem advisable to notify.

D.  Conference Procedure . A staff member shall be present at a public staff conference. The procedure for a public staff conference shall be as follows:

1.  A staff member or member of the Commission shall act as chairman and shall direct a presentation of the petition and the relevant facts.

2.  The chairman shall call upon the petitioner and opponents, if any, for their presentations.

3.  The staff may ask questions of the petitioner, proponents and opponents and may allow reasonable rebuttals by the proponents and opponents.

4.  The staff shall record the statements made at the conference.

5.  The staff may request statements in writing from the petitioner, proponents and opponents, addressed to the Commission.

E.  Staff Reports . Following a public staff conference, the staff shall present the petition, staff recommendations and written statements to the Commission. After the staff has held a public staff conference and made a recommendation, the Secretary shall place the item on the Agenda for a regularly scheduled Commission meeting, unless the Commission decides to consider such item at a special meeting. In addition to public notice of a Commission meeting, notices of the date, time and place of the presentation shall be sent to all persons who indicated at the public staff conference that they wished to be notified of the meeting before the Commission. Copies of the staff report and recommendations will be made available to the applicant or his representative, community council representatives, and interested citizens, limited in number by economic prudence. The interested parties shall indicate at the public staff conference who shall receive the report and recommendation.

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