Ware v. Fairfax Zoning Board of Appeals

Gorman, Judge.

{¶ 1} In a single assignment of error, appellants contend that the common pleas court erred by affirming the decision of the village of Fairfax’s zoning board of appeals (“ZBA”) that denied appellants’ application to operate a senior daycare center in an “E” retail business zone. Because we conclude that the trial court erred as a matter of law, we reverse its judgment and order Fairfax to issue the necessary permit allowing appellants’ proposed use.

{¶ 2} The facts in this case are undisputed. Appellants seek to renovate a former American Legion Hall for use as a senior daycare…