These rules, regulations, procedures and accompanying maps shall be known, cited and referred to as the Village of Walton Hills Zoning Code. This Zoning Code includes standards and/or procedures for planning and developing land within the Village.

(Ord. 2009-17. Passed 9-15-2009.)

   This Zoning Code is adopted by the Village pursuant to its authority under the Ohio Revised Code Chapter 713 and the Village of Walton Hills' Charter. Nothing in this Zoning Code shall be construed to limit the Legislative Authority in the exercise of all of the powers to zone or redistrict now or hereafter as authorized by the Ohio Revised Code or the Village Charter.

(Ord. 2009-17. Passed 9-15-2009.)

   This Zoning Code establishes certain districts in the Village and regulates and restricts the ways in which land can be used in order to promote the public health, safety, convenience, prosperity, and general welfare. More specific purposes are to:

   (a)   Establish districts of such classification and number to implement the Village's Master Plan that encourages the most appropriate uses of the land and guides the future development of the Village and to carry out the purposes of this Zoning Code;

   (b)   Encourage compatibility between different land uses and protect the scale and character of existing development from the encroachment of incompatible uses;

   (c)   Regulate and restrict the location, bulk, height, design, and land coverage of buildings to protect the character and value of the Village's residential, office, business, and industrial areas;

   (d)   Regulate the area and dimension of lots, yards, setbacks, and other open spaces to provide adequate open spaces for light and air;

   (e)   Ensure efficient traffic circulation and manage congestion on the streets;

   (f)   Provide regulations, standards, and procedures for the administration, amendment and enforcement of this Zoning Code;

   (g)   To accomplish the specific intents and purposes set forth in the introduction of the respective sections; and,

   (h)   To guide the future development of the Village so as to bring about the gradual conformity of land and building uses in accordance with the objectives of the Master Plan of the Village.

(Ord. 2009-17. Passed 9-15-2009.)

   (a)   No structure shall be located, erected, constructed, reconstructed, moved, converted, or enlarged; nor shall any structure or land be used or be designed to be used, except in full compliance with all the provisions of this Zoning Code; and, when required, after the lawful issuance of the certificate(s) and/or permit(s) required by this Zoning Code.

   (b)   Existing lots, buildings, structures, and uses of land that do not comply with the regulations of this Zoning Code are subject to the regulations set forth in Chapter 1274, Non-conforming Buildings, Lots, and Uses.

   (c)   In the case of subdivisions, no person shall sell any land or authorize the sale of land under his control except in accordance with all of the applicable provisions of this Zoning Code.

   (d)   The design and layout of all subdivisions shall conform with the requirements of Title Four, Subdivision Regulations.

   (e)   No lot, setback, parking area or other space shall be reduced in area or dimensions so as to make such area or dimension less than the minimum required by this Zoning Code. No part of a setback, parking area or other space provided about or for any building or structure for the purpose of complying with the provisions of this Code shall be included as part of a required setback, parking area, or other space required under this Code for another building or structure.

(Ord. 2009-17. Passed 9-15-2009.)

   It is the intention of the Legislative Authority that this Zoning Code implement the planning policies reflected in the Village of Walton Hills Master Plan and other planning documents. While the Legislative Authority reaffirms its commitment that this Zoning Code, as amended, be in conformity with adopted planning policies, the Legislative Authority hereby expresses its intent that neither this Zoning Code nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document.

(Ord. 2009-17. Passed 9-15-2009.)

   Sections and sub-sections of this Zoning Code and the several parts or provisions thereof are hereby declared to be independent sections, sub-sections, parts, and provisions. If any provision of this Zoning Code, or amendment thereto, or any application of any provision to particular circumstances is held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Zoning Code or amendments thereto, or the application of such provision to other circumstances.

(Ord. 2009-17. Passed 9-15-2009.)

   (a)   Unless specifically noted otherwise, in interpreting and applying the provisions of this Zoning Code, these provisions shall be considered the minimum requirements necessary for the promotion of the public health, safety, and general welfare. They shall be liberally construed to further the purposes and objectives set forth herein and the purposes and intent of each district as set forth in each district chapter.

   (b)   Except as specifically provided herein, the provisions of this Zoning Code shall not repeal, abrogate, annul or in any way impair or interfere with any existing deed or plat restrictions, ordinances, laws, rules, or permits previously adopted or issued, and shall not be construed as removing or rendering inoperative any deed or land restriction formerly established by restrictive covenants running with the land, easements, or other agreements between parties.

   (c)   In cases where this Zoning Code imposes a greater restriction than is imposed or required by such other laws or ordinances, or by such rules and regulations, the provisions of this Zoning Code shall govern. Conversely, other regulations shall govern where they are more restrictive in nature than this Zoning Code.

   (d)   If the provisions of this Zoning Code are inconsistent with one another, the more restrictive provision shall control.

   (e)   All prior violations of the Zoning Code repealed by the adoption of this Planning and Zoning Code shall remain violations and all penalties and enforcement remedies set forth herein shall be available to the Village as though the violation were a violation of this Zoning Code. Provided, however, that if the effect of this Zoning Code is to make a use, building, lot, structure, or condition that was formerly unlawful or non-conforming, become lawful and/or conforming, then no enforcement action shall be taken except for the imposition and collection of penalties, for the violations that occurred prior to the effective date of this Zoning Code.

(Ord. 2009-17. Passed 9-15-2009.)

   This Zoning Code, and amendments thereto, shall take effect and be in full force and effect from and after the earliest period allowed by law.

(Ord. 2009-17. Passed 9-15-2009.)

   Any previous sections of the Zoning Code of the Village of Walton Hills, Ohio, adopted prior to September 15, 2009, are hereby superseded and amended to read as set forth in this Zoning Code update, dated September 15, 2009.

(Ord. 2009-17. Passed 9-15-2009.)