Hunting Valley City Zoning Code

CHAPTER 1153

Administration, Enforcement and Penalty

1153.01 ENFORCEMENT.

(a) This Zoning Code shall be administered and enforced by the Building Inspector. The Building Inspector may be provided the assistance of such other persons as the Village Council and Mayor may direct.

(b) Any decision of the Building Inspector made in the enforcement of this Zoning Code may be appealed to the Board of Zoning Appeals by any person claiming to be adversely affected by such decision as set forth in Section 1153.05 hereof.

(1) To accept and review applications for all required permits and certificates as set forth herein.

(2) To issue zoning permits and certificates of zoning compliance as provided by this Zoning Code and to keep records of the same with notations of any special conditions attached.

(3) To conduct inspections of buildings and uses of land and to enter onto private property for the purpose of determining compliance with this Zoning Code.

(4) To determine the existence of any violations of this Zoning Code and cause notifications or citations to be issued, or to initiate such other administrative or legal action as needed, to address such violations and compel compliance.

(Ord. 2023-6. Passed 6-15-23.)

1153.02 EXPIRATION OF ZONING APPROVAL.

Any zoning approval granted by the Planning and Zoning Commission shall expire if work thereunder is not in compliance with the following:

(a) If no work under the approval plan is commenced within one (1) year after the issuance of the approval (e.g., ground shall have been broken).

(b) If, after work has been commenced, all work to be performed under approval is not completed within twenty-four (24) months after issuance of the approval.

(c) A person may obtain a one-time six-month extension of the approval upon a showing, satisfactory to the Building Inspector, that work on the project will be completed within the extension period.

(d) If approval has been expired for a period of six (6) months or less, the applicant may renew the approval for a period to be determined by the Planning and Zoning Commission upon a showing, satisfactory to the Commission that work on the project will be completed within the extension period, provided no changes have been made in the original plans and specifications for such work. If an approval has been expired more than six (6) months, or if work has deviated from the approved plans, the then applicant must seek a new approval from the Planning and Zoning Commission. (Ord. 2023-6. Passed 6-15-23.)

1153.03 PLANNING AND ZONING COMMISSION.

All meetings of the Planning and Zoning Commission shall be open to the public except as otherwise provided by law. For the purposes of this Zoning Code the Planning and Zoning Commission shall have the following powers and duties:

(a) To review all proposed amendments to this Zoning Code and to submit a recommendation to the Village Council and to initiate amendments to this Zoning as the Commission shall determine to be appropriate.

(b) To review and approve or deny all development plans and site plans required by this Code.

(c) Make recommendations to Village Council on all matters concerning planning, zoning, and land development in the Village.

(Ord. 2023-6. Passed 6-15-23.)

1153.04 BOARD OF ZONING APPEALS.

The Planning and Zoning Commission shall serve as and shall exercise the powers and duties of the Board of Zoning Appeals for all purposes associated with this Zoning Code. All meetings of the Board of Zoning Appeals shall be open to the public except as otherwise provided by law. The Board of Zoning Appeals shall keep minutes of its proceedings and shall adopt from time to time such rules and regulations as it deems necessary to carry out the provisions of this Zoning Code. The Board of Zoning Appeals shall have the following duties and powers:

(a) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Building Inspector. In exercising this power, the Board may reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination, and to that end shall have all powers of the officer from whom the appeal is taken.

(b) To authorize, pursuant to Section 1153.05, such variances from the terms of this Zoning Code as will not be contrary to public interest, where, owing to the special conditions, a literal enforcement of this Zoning Code will result in unnecessary hardship or practical difficulty, and so that the spirit of this Code shall be observed and substantial justice done.

(d) To interpret this Zoning Code and to resolve any disputes with respect to the precise meaning of any words, terms, or provisions hereof.

(e) Such other powers as may be enumerated herein.

(Ord. 2023-6. Passed 6-15-23.)

1153.05 VARIANCES AND APPEALS.

(a) Appeals Generally. Appeals to the Board of Zoning Appeals may be taken by any person aggrieved by any decision of the Building Inspector. Such an appeal shall be taken within twenty (20) days after the decision by filing a notice of appeal with the Building Inspector's office specifying the grounds thereof. All appeals and applications made to the Board of Zoning Appeals shall be in writing and on forms provided and shall be accompanied by such fee as may be set by Village Council. The Building Inspector shall transmit to the Board of Zoning Appeals all the papers constituting the record regarding the action being appealed. Every appeal or application shall refer to the specific provision of this Zoning Code that is the subject of the variance, appeal or determination, and shall set forth the interpretation that is claimed, the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted as the case may be.

(b) Action and Reapplication. The Board shall decide each appeal within a reasonable period of time after it is submitted. No variance or appeal which is disapproved by the Board of Zoning Appeals shall be resubmitted for substantially the same request on the subject property for a minimum period of at least one (1) year from the effective date of the action by the Board of Zoning Appeals.

(c) Notice and Hearing. Upon receipt of a completed application for an appeal or a variance, the Building Inspector shall transmit said application to the Chairperson of the Board of Zoning Appeals, who shall fix a reasonable time for a public hearing to consider the application. Notice of the hearing shall be made by either first class mail or via email to the applicant and the owner of the land and to all abutting property owners not less than ten (10) days prior to the hearing, excluding the day of mailing and including the day of the hearing.

(d) Testimony. At the public hearing, any person may appear in person or by attorney and shall have the opportunity to give testimony under oath.

(e) Area Variances. Where the appeal requests an area variance, that is, a variance involving provisions relating to yard dimensions, setback, height, or similar spatial or dimensional requirements, then the following standards shall be considered and weighed in determining whether the grant of a variance is warranted to afford relief of practical difficulties:

(1) Whether the property in question will yield a reasonable return and whether there can be any beneficial use of the property without the variance. Increased cost only shall not be the basis for a variance.

(2) Whether the variance is substantial.

(3) Whether the essential character of the neighborhood will be substantially altered and whether adjoining properties will suffer a detriment as a result of the variance.

(4) Whether the variance will adversely affect the delivery of governmental services.

(5) Whether the property owner purchased the property with knowledge of the zoning restriction.

(6) Whether the property owner's predicament can be obviated through some method other than a variance.

(7) Whether the spirit and intent of the Zoning Code will be observed and substantial justice done by granting the variance.

(8) Whether granting of the variance will be contrary to the general purpose, intent, and objective of the specific use district.

(9) Whether the variance requested arises from a condition or circumstance which is unique to the subject site and which is not generally shared by other properties in the same zoning district or general vicinity.

(10) Whether the practical difficulty is created by the Zoning Code and not by any action or actions of the property owner or the applicant.

(11) Whether the variance desired will adversely affect the public health, safety, or general welfare.

(12) Whether the variance requested is the minimum variance necessary to afford relief to the property owner.

(13) If there are deed restrictions, whether such restrictions have been released and whether the applicant has established the right to request the variance being sought.

(f) Issuance. A variance shall not be granted unless the Board of Zoning Appeals makes a determination that the criteria contained herein are satisfactorily addressed by the evidence presented by the applicant to establish that a practical difficulty or unnecessary hardship exists and that the granting of a variance will preserve the spirit and intent of this Zoning Code and that substantial justice will be done.

(g) Conditions and Safeguards. In granting any appeal or variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Zoning Code, which shall become stipulations of the variance or appeal. Violations of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this Zoning Code.

(Ord. 2023-6. Passed 6-15-23.)

1153.06 APPEALS.

Any decision, action, or determination made by the Planning and Zoning Commission, whether acting as the Commission or in their role as Board of Zoning Appeals shall be a final determination within the Village. A party aggrieved by a decision of the Planning and Zoning Commission may appeal such decision in the manner prescribed by law.

(Ord. 2023-6. Passed 6-15-23.)

1153.99 PENALTY.

The owner or owners of any building or premises or part thereof, where anything in violation of this Zoning Code shall be placed or shall exist, and any architect, builder or contractor who may be employed to assist in the commission of any such violation, and all persons or corporations who or which violate any of the provisions of this Zoning Code or fail to comply therewith, or any requirements thereof, or who build in violation of any detailed statement of plans submitted and approved thereunder, shall, for each and every violation or noncompliance, be fined not more than five hundred dollars ($500.00), and each day during which any such person continues to violate any provision of this Zoning Code, or fails to comply therewith or with any of the requirements thereof, after having been notified by the Building Inspector of such violation or failure to comply, shall constitute a separate offense.