About the Village of Rushsylvania Board of Zoning Appeals

The Rushsylvania Board of Zoning Appeals (BZA) is a five-member quasi-judicial board established under Rushsylvania Zoning Ordinance Section 912 and Ohio Revised Code Chapter 713. The Board hears and decides zoning appeals, variances, and interpretations of the Village’s zoning regulations in accordance with Ohio law. The BZA provides a formal process for property owners, residents, and applicants to seek relief from strict application of the zoning code when unique circumstances exist.

Quick Links (website buttons):

Download – Village of Rushsylvania Board of Zoning Appeals Rules
Download – Zoning Ordinance Rec’d 4-20-21
Submit an Application (Appeal, Conditional, Variance)
View Agendas & Minutes
View BZA Decisions
Zoning Map

BZA Authority & Responsibilities

Under Section 912 of the Rushsylvania Zoning Ordinance, the Board of Zoning Appeals is authorized to:

Hear Appeals
Hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, interpretation, or determination made by the Zoning Officer.
Grant Variances
Authorize variances from the terms of the Zoning Ordinance where, due to special conditions, literal enforcement would result in unnecessary hardship, provided such variances are not contrary to the public interest and are consistent with the spirit of the Ordinance.
Grant Conditional Use Permits
Issue conditional use zoning permits as specified in the Rushsylvania Zoning Ordinance.

Important: The BZA does not change zoning classifications or amend the Zoning Ordinance. Those functions are reserved to Village Council and the Planning & Zoning Commission.

Board Members

The Board consists of five (5) members appointed and confirmed by Village Council. Members serve five-year staggered terms and serve without compensation unless otherwise provided by ordinance. No elected official, Village employee, or Planning & Zoning Commission member may serve on the BZA.

Current Members:

Chairperson: Bradford Hartley – Term ends 2030
Vice Chairperson: Clay Eagy – Term ends 2029
Member: Tom Zupan – Term ends 2028
Member: Vacant
Member: Vacant

If you are interested in applying to be a member of the BZA, please send an email to [email protected].

Meetings & Procedures

Meetings

The Board meets annually around February or March. The BZA will also meet as needed at the call of the Chair. All BZA meeting minutes are published on the Village website.
Location: Rushsylvania Village Hall (or other public building within the Village)
All meetings are open to the public. Meetings are given public notice with advertisement on the Village website as well as to the Bellefontaine Examiner and WPKO radio station.
A quorum of three (3) members is required, and three affirmative votes are needed for any official action.

How to File an Appeal or Variance

Cases for the Board of Zoning Appeals unless you receive a Zoning Administrator’s Referral for plans submitted, a Legal Notice of Violation for work you are doing or have done, or your project includes a conditional use. In these situations, you will need to file an application to the BZA prior to moving forward with your project.

Step 1 — Submit Application
Applications must be submitted to the Zoning Officer. Fee for a Zoning Appeal is $500 Non-Refundable and $300 Non-Refundable for variance or conditional use. Applicants can email to XXXX or mailed to Village of Rushsylvania, C/O Zoning Inspector, PO Box 204, Rushsylvania, OH 43347

Insert Quick Links to Download Applications:

Step 2 — BZA Review & Scheduling
BZA will review the application for completeness and place it on a BZA agenda.

Step 3 — Public Notice
Notice of the hearing will be mailed to adjacent property owners and published as required by law.

Step 4 — Public Hearing
Applicants are encouraged to attend and present their case. The Board may table an application if the applicant is not present.

At the hearing:

Attendees are sworn in and rules given.
Zoning inspector speaks to relevant zoning regulation(s).
The applicant presents their request. Applicant can testify, present witness testimony and/or other evidence.

Neighbors and interested parties may provide comments – speaking time is limited
Board members may ask questions
Meeting minutes captured

Step 5 — Decision
The Board deliberates and votes. A written decision is issued and filed with the Village Clerk. An applicant that wants to appeal a decision from (BZA) must file an administrative appeal with the Logan County, OH Common Pleas Court within 30 days.

Frequently Asked Questions (FAQs)

What is a variance?
A variance is a request for relief from a specific zoning requirement due to unique property conditions.

What is an appeal?
An appeal challenges a decision made by the Zoning Officer.

How can I find the Legal Description or Copy of a Subdivision Plat?

These documents have been prepared by a licensed surveyor describing and/or showing the boundaries of the property involved. Click here to see if you can download the information from the Logan County Auditor’s website. Zoom into Rushcreek to find Rushsylvania. One you find the property, click the parcel/lot and a pop-up window will appear. Hit “Survey” and if the document is available, you can download it. If it’s not, then you will need to contact the Logan County Recorder’s office and/or County Map Room (in the same building) to obtain a copy or hire a licensed surveyor.

How long does the process take?
Most cases are heard within 30–45 days of a complete application.

What is involved with the Public Hearing Process?

Staff presents the case.
Applicant presents their request (under oath).

Public testimony is received.
Board questions and deliberation.
Motion and vote recorded.
Written decision issued.

Can neighbors speak?
Yes. Public comment is part of every BZA hearing.

What if my request is denied?
BZA decisions may be appealed to the Logan County Court of Common Pleas within the time allowed by Ohio law.