PERSONAL FINANCE
Ohio State Bar certifies 17 laywers as specialists
Check zoning, permit requirements prior to work from the ohio state bar association
Q: I’m getting ready to build a covered porch on the front of my house as a DIY project. Do I need a zoning permit?
A: Regardless of the type of improvement you may want to make to your home (building an addition, adding a deck, installing an awning or constructing a shed), you must always consider whether the new structure will comply with your local zoning requirements or if you need any additional permits. First, find out whether your jurisdiction has implemented zoning. Cities, towns and villages almost always have a zoning ordinance. Many townships have a zoning resolution, but some do not. Generally, zoning laws have many requirements. These include how far structures must be set back from the property lines, how various structures maybe used, and what percentage of your lot size a structure may cover. Many homeowners are unaware of the number of requirements, but if you violate any of them, ignorance will not be a defense. If you don’t comply, the consequences can be more severe than a mere fine. Before adding a porch to the front of your house, you must first find out whether the porch meets the front yard setback requirements. Note that steps may not be included when your municipality determines compliance. Cities usually require only a building permit, but you must have zoning compliance to receive a building permit. Townships do not issue building permits, but they do require a zoning permit if there is zoning.
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Cities usually require only a building permit, but you must have zoning compliance to receive a building permit. Townships do not issue building permits, but they do require a zoning permit if there is zoning.
you don’t, you will be held in contempt of court. That could mean fines and potential incarceration (in egregious circumstances). Even after the work is completed, the court has the power to order you to remove the part of the porch that violates the zoning. Even if the local government takes no action against you, adjoining property owners have the right to sue you to enforce the zoning requirements. Homeowners sometimes think it’s easier to ask for forgiveness than permission, but when it comes to zoning, this is not the case. By failing to ensure compliance, you Q: What could happen if I don’t com- open yourself to the risks and consequences mentioned above. ply with the zoning requirements? Q: How can I make sure my project comA: Ohio law gives local governments a number of remedies for zoning code vio- plies with the local zoning code? The best way to ensure that you will lations, many of which are severe. If you didn’t comply with the zoning require- comply with the applicable zoning requirements when you built your front porch, ments is to consult with the local zonthen your local government can assess ing official before starting any work. You fines until you do comply with them. should consult the building department in Each day of non-compliance is a separate a city or the zoning officer in a township. violation with a fine. Your local govern- You can also seek legal counsel to confirm ment can also seek injunctive relief against that you are in compliance with your local you. This means that during construction zoning requirements. If your project does you must stop all activities on structures not comply with local zoning laws, you that are in violation of the zoning code. If may seek additional permits, such as a con22 FEBRUARY/MARCH 2021 METRO MONTHLY
ditional use permit or a variance, which will allow you to complete the project as an exception to what the zoning code requires. For example, let’s say the porch you plan to build would be closer to the street than zoning allows. If you want to proceed, you could apply to the board of zoning appeals for a “setback variance.” This would allow you to build the front porch, even though it would not comply with the zoning code’s front yard setback requirements. It would be wise to seek legal counsel to guide you and advocate for you through the process and to preserve your appeal rights. This “Law You Can Use” consumer legal information column was provided by the Ohio State Bar Association (OSBA). It was prepared by Sandusky attorney Douglas J. Swearingen of Wickens, Herzer, Panza, Cook & Batista Co. Articles appearing in this column are intended to provide broad, general information about the law. This article is not intended to be legal advice. Before applying this information to a specific legal problem, readers are urged to seek the advice of a licensed attorney.
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he Ohio State Bar Association has certified 17 lawyers as specialists in six legal practice areas. They join more than 700 OSBA-certified attorney specialists across the state. The certifications were announced last month. Atty. Martin J. Boetcher, from Harrington Hoppe and Mitchell, Ltd., was certified as a specialist in workers’ compensation law. He is a member (partner) of the Youngstown-based law firm and focuses on employment law, workers compensation law, and civil litigation. All attorneys licensed to practice law in Ohio must have graduated from an accredited law school, passed an intensive examination and attend continuing legal education courses as required by the Supreme Court of Ohio. Some attorneys who devote a large part of their practices to a particular area of the law choose to go beyond these requirements to earn specialty certification. “By meeting these high standards and committing themselves to ongoing development within their specialty area, these newly certified attorneys demonstrate not only a commitment to the practice of law, but also to their clients,” said OSBA President Linda Tucci Teodosio. “Gaining this title is an admirable accomplishment and I offer my congratulations on behalf of the OSBA to this latest class of certified specialists.” Attorneys seeking certification must satisfy several criteria: demonstrate substantial and continuing involvement in a particular field of law, meaning they must devote at least 25 percent of their practice to that area of law; submit five professional references attesting to their competency in the specialty area; have earned a minimum of 36 hours of intermediate or advanced continuing legal education (CLE) credits in the specialty area during the past three years as part of the CLE hours required of all attorneys; pass a written examination; prove financial responsibility by maintaining minimum professional liability insurance coverage and remain in good standing with the Supreme Court of Ohio. Each certified specialist must file annual reports attesting to compliance with program requirements and must be recertified every six years by meeting all of the original requirements for certification excepting the written examination. The Supreme Court of Ohio established a Commission on Certification of Attorneys as Specialists to identify specialties See OHIO, Page 23
