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Vermilion Overview
Codified Ordinances of Vermilion, OH
CODIFIED ORDINANCES OF THE CITY OF VERMILION, OHIO
CERTIFICATION
DIRECTORY OF OFFICIALS (2023)
ADOPTING ORDINANCE NO. 87-13
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
CHAPTER 1264
Board of Zoning Appeals
1264.01   Chairperson and Vice Chairperson.
1264.02   Meetings; quorum; procedures; fees.
1264.03   Specific functions; powers and duties relating to zoning.
1264.04   Limitations on variances.
1264.05   Power to administer oaths, compel attendance of witnesses, etc.
1264.06   Appeals.
1264.07   Authority of Council reserved.
CROSS REFERENCES
   Board of Zoning Appeals - see CHTR. Art. VI, §4  
   Administrative board; powers and duties - see Ohio R.C. 713.11
   Appeals from zoning decisions - see Ohio R.C. 713.11
   Board of Zoning Appeals as Board of Building Code Appeals - see B. & H. 1442.01  
   Floodplain Appeals Board, as - see B. & H. 1460.24
   1264.01 CHAIRPERSON AND VICE CHAIRPERSON.
   The Board of Zoning Appeals shall elect a Chairperson and a Vice Chairperson. (Ord. 99-7. Passed 4-5-99.)
   1264.02 MEETINGS; QUORUM; PROCEDURES; FEES.
   (a)   Meetings of the Board of Zoning Appeals shall be held at least once a month when there is business to transact and at such other times as the Board may determine, or upon the call of the Chairperson. There shall be a fixed place of meeting. (Ord. 82-2. Passed 1-18-82.)
 
   (b)   A majority of the voting members of the Board of Zoning Appeals shall constitute a quorum for the transaction of business and the affirmative vote of three voting members of the Board shall be necessary for any official action.
(Ord. 95-49. Passed 9-11-95.)
 
   (c)   The Board is hereby authorized to require each applicant to provide all necessary information regarding each appeal upon forms approved by the Board and to provide such other supportive materials and information as will assist the Board in making determination. Such procedures and forms shall be adopted and may be amended from time to time by a majority of the quorum.
(Ord. 82-2. Passed 1-18-82.)
 
   (d)   Each applicant appearing before the Board shall pay a single filing fee of one hundred dollars ($100.00) per single dwelling residential variance request and one hundred fifty dollars ($150.00) for all other variance requests, including commercial and industrial. The filing fee shall be doubled whenever a job is started prior to obtaining a variance.
(Ord. 01-17. Passed 5-21-01.)
 
   (e)   The Board may employ official court reporters for specified cases to record testimony, as it directs, at its discretion. (Ord. 82-2. Passed 1-18-82.)
   1264.03 SPECIFIC FUNCTIONS; POWERS AND DUTIES RELATING TO ZONING.
   The functions of the Board of Zoning Appeals shall be in accordance with the City Charter and as follows:
   (a)   No variance from the provisions or requirements of this Zoning Code shall be authorized by the Board unless the Board finds, beyond a reasonable doubt, that all of the following facts and conditions exist:
(1)   That there are exceptional or extraordinary conditions applying to the property that do not apply to other properties or classes of uses in the same zoning district;
(2)   That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity;
(3)   That the authorization of such variance will not be of substantial detriment to adjacent or nearby properties and will not impair the purposes of this Zoning Code or the public interest; and
(4)   That such variance shall in no manner or guise be construed to mean a change of use, but shall mean only a variation from or modification of the provisions of this Zoning Code.
   (b)   The Board shall interpret the provisions of this Zoning Code where there is doubt as to their meaning or application.
   (c)   The Board shall grant conditional zoning permits for the use of land, buildings or other structures, if permits for such uses are provided for in this Zoning Code.
(1)   When authorizing a conditional zoning permit or permitting a conditional use as provided herein, the Board may prescribe such additional conditions as are in its opinion necessary for the protection of adjacent properties and the public interest.
(2)   In considering an application for a conditional use, the Board shall establish beyond a reasonable doubt:
         A.   That the proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community;
         B.   That such use will not, under the circumstances of the particular case, be detrimental or injurious to property or improvements in the vicinity; and
         C.   That the proposed use will comply with the regulations and conditions specified in this Zoning Code for such use, if any are so specified.
   (d)   The Board shall exercise such other powers as may be granted to the Board by this Zoning Code, by any amendment thereto, by the City Charter or by applicable laws of the State.
      (Ord. 66-103. Passed 12-19-66.)
 
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