Hamilton County Plan Commission v. Nieten

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

The Hamilton County South Board of Zoning Appeals (“BZA”) appeals the trial court’s order reversing the determination by the BZA that a building maintained on property owned by Dr. Jerry Nieten and his wife, Sheila Nieten, (“the Nietens”) constituted a violation of the Hamilton County Zoning Ordinance (“the Ordinance”).

We affirm.

ISSUE

Whether the existence of a building used as a guesthouse for occasional, temporary visitors was not prohibited by the Ordinance, and, therefore, the BZA’s actions forbidding the Nietens to use it as such were erroneous as…