City Attorney Tamilarasan explained that building code and other issues
related to zoning, building, and landscaping could theoretically originate
in the BZBA. She said that, to her recollection, the City had not recently
received originating filings before the BZBA that had not already gone
through the Planning Commission. However, she emphasized that the
charter language gave the BZBA broader authority than simply hearing
Planning Commission appeals. She therefore recommended that, if the
Commission removed the BZBA, it should consider broadening the
Planning Commission’s scope to address those additional matters and
should evaluate the impact of eliminating that board entirely.
Vice Chair Wester asked a follow-up question about the BZBA proposal
and asked whether an appeal of a code violation issued through code
enforcement would go directly to the BZBA. City Attorney Tamilarasan
clarified that code violations went through Mayor’s Court as criminal
matters and that appeals from Mayor’s Court would proceed to Franklin
County Municipal Court. She explained that the BZBA’s role involved a
different situation: a person could ask for an exception from a zoning,
building, or landscaping regulation on the ground that the code should not
apply to that person under particular circumstances. She said that the
BZBA could hear that type of request first. Vice Chair Wester asked
whether the BZBA would conduct the first hearing on such an exception
request. City Attorney Tamilarasan said that it would. She added that,
unlike zoning variances, the charter did not provide detailed criteria or
standards for those BZBA exception requests. She explained that the
charter simply authorized the BZBA to hear and decide appeals for
exceptions to ordinances, resolutions, and regulations related to zoning,
building, and landscaping. Vice Chair Wester then asked for an example
of a building-code issue that someone might appeal by arguing that the
code should not apply. Planning Director Blackford explained that
Chapter 13 of the codified ordinances contained Gahanna-specific
building code provisions and that the state building code already
included its own variance procedures. He said that nearly all
building-code requirements existed in the state building code rather than
in Chapter 13, which explained why he had not seen a single
building-code issue go to the BZBA during his twelve years with the City.
He noted one rare case from around 2014 involving code enforcement
and a zoning provision that went to the BZBA. He explained that such a
case would arise when staff administered the code and a person
disagreed with staff’s interpretation or application. He described that
structure as somewhat unusual but not entirely unique. He also stated that
the Planning Commission would serve as a more appropriate body for