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Vermilion City Zoning Code

CHAPTER 1264

Board of Zoning Appeals

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.)
 

1264.04 LIMITATIONS ON VARIANCES.

   (a)   Any construction of a structure or use of land authorized by the Board of Zoning Appeals as a variance must commence within six months after the granting of the variance or such variance becomes void.
 
   (b)   Variances shall not be transferred from the person to whom they are granted unless any transferee of any variance has an executed, valid option or other contract, at the time of the granting of the variance, to purchase the property for which the variance is granted. (Ord. 75-61. Passed 8-4-75.)

1264.05 POWER TO ADMINISTER OATHS, COMPEL ATTENDANCE OF WITNESSES, ETC.

   The Chairperson of the Board of Zoning Appeals, or in his or her absence the Vice Chairperson, may administer oaths and compel the attendance of witnesses and the production of books, papers and other evidence pertinent to an issue before the Board. (Ord. 66-103. Passed 12-19-66.)

1264.06 APPEALS.

   An appeal from the decision of the Administrative Officer may be made to the Board of Zoning Appeals by any person aggrieved or by any officer of the City affected by any decision of the Administrative Officer. The appellant shall file in writing with the Administrative Officer and with the Board a notice of appeal specifying the grounds thereof. Such appeal shall take within 120 days. By agreement of both parties, the time limit may be extended. The Administrative Officer shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
   Within the time specified by its rules, the Board shall fix a reasonable time for the hearing of an appeal; shall give public notice thereof, as well as due notice to the parties in interest; and shall decide the same within a reasonable time. Upon the hearing of such appeal, any party may appear in person or by an agent or attorney. (Ord. 66-103. Passed 12-19-66.)

1264.07 AUTHORITY OF COUNCIL RESERVED.

   Nothing in this Zoning Council shall give the Board of Zoning Appeals the power to act for Council in legislative matters.
(Ord. 66-103. Passed 12-19-66.)