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Walton Hills City Zoning Code

CHAPTER 1254

Administrative Powers and Duties

1254.01 PURPOSE.

   This Chapter sets forth the powers and duties of the Zoning Administrator, Village Architect, Planning Commission, Board of Zoning Appeals, and the Legislative Authority with respect to the administration of the provisions of this Zoning Code.
(Ord. 2009-17. Passed 9-15-2009.)

1254.02 ZONING ADMINISTRATOR.

   (a)   Establishment. There is hereby established the position of Zoning Administrator which position shall be served by the Village Building Official. The Zoning Administrator shall act as the administrative officer for the purpose of effecting the proper administration of this Zoning Code.
   (b)   Powers and Duties. The Zoning Administrator shall have the following powers and duties:
      (1)   Enforce the provisions of this Zoning Code and interpret the meaning and application of its provisions.
      (2)   Issue zoning permits as provided for in this Zoning Code and keep a record of same with a notation of any special conditions involved.
      (3)   Issue certificates of zoning compliance and certificates of non-conforming use as provided for in this Zoning Code and keep a record of same.
      (4)   Accept, review for completeness, and respond to questions regarding applications upon which the Zoning Administrator is authorized by the provisions of this Code to review including amendments to the Code, development plan review, conditional uses, variances, and appeals.
      (5)   Coordinate the Village's administrative review of rezoning applications, development plan review and conditional zoning certificate applications.
      (6)   Maintain any records required by this Code including inspection documents, and records of all variances, amendments, conditional uses, and similar use determinations.
      (7)   Make such records available for the use of the Legislative Authority, the Planning Commission, the Board of Zoning Appeals, and the public.
      (8)   Conduct or cause the inspection of buildings and uses of land to determine compliance with this Code.
      (9)   Determine the existence of any violations of this Code and cause such notifications, revocation notices, stop orders, or tickets to be issued, or initiate such other administrative or legal action as needed, to address such violations.
      (10)   To review and act on sign applications, as provided for in Chapter 1296, Sign Regulations, according to the procedures, standards and criteria stated in this Zoning Code.
      (11)   Maintain in current status the "Official Zone Map of the Village of Walton Hills".
      (12)   To hear and decide all other matters referred to and upon which it is required to pass by this Code.
(Ord. 2009-17. Passed 9-15-2009.)

1254.03 VILLAGE ARCHITECT.

   (a)   Establishment. There is hereby established the position of Village Architect. The Village Architect may be an employee of the Village of Walton Hills or a consultant, as deemed appropriate by the Village.
   (b)   Powers and Duties. For the purposes of this Zoning Code, the Village Architect shall have the following powers and duties:
      (1)   To review on all plans and specifications for the construction, alteration or relocation of any building or structure according to the procedures, standards, and criteria stated in this Zoning Code;
      (2)   To work with boards and commissions, as requested, to provide advice on the aesthetics of developments; and,
      (3)   To assist the Village in establishing, if so requested, according to accepted and recognized architectural principles, design criteria to be applied in evaluating: the design, use of materials, finished grade lines, dimensions, orientation and location of all main and accessory buildings to be erected, moved, altered, remodeled or repaired, subject to the provisions of the Zoning Code and other applicable ordinances of the Village.
(Ord. 2009-17. Passed 9-15-2009.)

1254.04 PLANNING COMMISSION.

   (a)   Establishment and Composition. The creation and composition of the Planning Commission shall be as provided in Chapter 1220, Planning Commission, of the Planning and Zoning Code.
   (b)   Quorum. A quorum shall consist of three members. Any action taken by the Planning Commission on any matter shall be effected by the concurring votes of at least three members.
   (c)   Meetings. The Planning Commission shall hold regular monthly meetings except when there is no business requiring Planning Commission action. The chairperson may call additional meetings at such other times as determined necessary. All meetings of the Planning Commission shall be open to the public.
   (d)   Rules. If a Commission member has a conflict of interest concerning an issue or owns a property within a 300 foot radius of the area being disturbed as a result of the application under consideration by the Planning Commission, that member shall step down while the issue is being heard, considered, and voted upon.
   (e)   Powers and Duties. For the purposes of this Code, the Planning Commission shall have the following powers and duties:
      (1)   Make and adopt plans and maps of the Village of Walton Hills and periodically amend, extend, delete or add to the plans and maps.
      (2)   Review and act on all development plans required by this Code.
      (3)   Review and act on conditional zoning certificate applications according to the procedures, standards and criteria stated in this Code.
      (4)   Plan the location, construction and vacation of public buildings, thoroughfares, and public and private utilities.
      (5)   Review all proposed amendments to this Code and make recommendations to the Legislative Authority as provided in this Code.
      (6)   Determination of Similar Uses per the standards in Section 1258.06, Similar Uses.
      (7)   Investigate and propose on its own initiative such amendments to the Code as it may deem consistent with the purposes of this Code and which further the public health, safety, and general welfare of the Village of Walton Hills.
      (8)   Adopt rules and regulations in accordance with this Code as may be necessary to put into effect the powers and jurisdiction conferred herein.
      (9)   Adopt bylaws for the holding of regular and special meetings and for the transaction and disposition of its business.
      (10)   To perform such other functions as are referred or delegated to it by the Legislative Authority or the Mayor.
      (11)   Review and make recommendations on all matters of community growth and development.
      (12)   To review and act on sign plans, as required by Chapter 1296, according to the procedures, standards, and criteria stated in this Zoning Code.
      (13)   Consider, investigate, and report upon any special matter or question coming within the Commission's scope of work as provided for in this Zoning Code.
      (14)   To hear and decide all other matters referred to and upon which it is required to pass by this Code.
(Ord. 2009-17. Passed 9-15-2009.)

1254.05 BOARD OF ZONING APPEALS.

   (a)   Establishment. As established by Ordinance 2006-3, the Village of Walton Hills shall have a Board of Zoning Appeals.
   (b)   Composition. The Board of Zoning Appeals shall consist of five electors of the Village of Walton Hills, to be appointed by the Mayor, subject to confirmation by the Legislative Authority, for terms of six years each commencing upon the expiration or termination of the previous members term. The Board shall elect a Chairperson and a Secretary, to serve for one year.
   (c)   Quorum. A quorum shall consist of three members. Any action taken by the Board of Zoning Appeals on any matter shall be effected by the concurring votes of at least three members.
   (d)   Meetings. The Board shall hold meetings subject to the call of the Chairperson. All meetings of the Board shall be open to the public and the minutes of all meetings shall be kept showing the attendance of members and the vote and failure to vote of each member on each subject.
   (e)   Powers and Duties. For the purposes of this Code, the Board of Zoning Appeals shall have the following powers and duties:
      (1)   To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by an administrative official in the administration or enforcement of this Code, unless otherwise provided in this Code.
      (2)   To authorize such variances from the terms of this Code as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of this Code will result in practical difficulty or unnecessary hardship, and so that the spirit of this Code shall be observed and substantial justice done.
      (3)   To resolve any disputes with respect to the precise location of a zoning district boundary, using, where applicable, the standards and criteria of Chapter 1262, Districts Established.
      (4)   To permit the substitution of one non-conforming use with another non-conforming use in conformance with the provisions of this Code.
      (5)   To hear and decide on all matters referred to and upon which it is required to by this Zoning Code.
      (6)   To adopt rules and regulations in accordance with this Code as may be necessary to put into effect the powers and jurisdiction conferred herein.
      (7)   To adopt rules or bylaws for the holding of regular and special meetings and for the transaction and disposition of the Board's business.
   (f)   Vacancy. When a position on the Zoning Board of Appeals becomes vacant, the Mayor shall appoint the successor within 45 days of the creation of the vacancy, subject to approval of the Legislative Authority for the unexpired term, or full-term as the case may be. However, in the event the Mayor fails to make the appointment within 45 days to fill the vacancy, Council may fill the vacancy by a majority vote. The Mayor shall notify Council of the appointment within the 45-day time period to satisfy this provision. Council's failure to confirm any appointment of the Mayor shall result in a new, 45-day time period for the Mayor to present a new appointment. Where the outgoing board member has served with distinction and desires to continue their service to the Village, the Mayor and Council shall reserve the right to give priority to that applicant in considering their reappointment to another term. Letters of interest may be completed and submitted to the Mayor by residents who are interested in the open seat on the Zoning Board of Appeals. All letters of interest will be open for public review.
(Ord. 2009-17. Passed 9-15-2009; Ord. 2010-20. Passed 6-15-10.)

1254.06 LEGISLATIVE AUTHORITY.

   For the purposes of this Zoning Code, the Legislative Authority shall have the following powers and duties:
   (a)   Hold public hearings and act upon proposed amendments to this Zoning Code including text amendments and amendments to the Official Zoning Map.
   (b)   Investigate and propose on its own initiative such amendments to the Zoning Code as it may deem consistent with the purposes of this Zoning Code and which further the public, health, safety, and general welfare of the Village of Walton Hills.
   (c)   Establish, by ordinance, a schedule of fees.
   (d)   To hear and decide all other matters referred to and upon which it is required to pass by this Code.
(Ord. 2009-17. Passed 9-15-2009.)