Kinney v. Newtown Bd. of Zoning Appeals

Citations

• 2021 Ohio 4217

Syllabus

ZONING: The trial court did not abuse its discretion in determining that a decision of the board of zoning appeals was unsupported by the preponderance of substantial, reliable, and probative evidence on the record, and ordering the board to grant appellees' conditional-use permit for a proposed soccer field: The board denied the conditional-use permit based on concerns over increased traffic, traffic-safety hazards, and compatibility with the surrounding neighborhood, and appellees presented testimony from a traffic expert who concluded that the proposed field would not present a traffic concern testimony from neighboring residents regarding noise and actions attributed to the soccer-club participants did not indicate that the level of interference with the community was in any way pervasive such that it would rise to the level of being \disruptive\ to the surrounding area and because the proposed use involves mostly an open, grassy field used by children for recreational purposes, it aligns with permitted uses in the zoning district, such as open space and parks.