This chapter includes procedures to ensure that the provisions and regulations, set forth in this Zoning Code, be soundly and consistently applied and that this Code be vigorously administered. This chapter includes procedures to be followed in obtaining zoning permits; certificates of zoning compliance, conditional zoning certificates; development plan approval; an appeal or variance, and determinations of a similar use. The purposes of this chapter are:

   (a)   To establish the procedures for reviewing and acting upon applications for zoning permits, including certificates of compliance, in order to accomplish the purposes for which this Zoning Code is adopted.

   (b)   To provide adequate review of proposed developments in those zoning districts where the uses are of such a nature, because of their size, scale or effect on surrounding property, that review of specific development plans is deemed necessary to protect the public health, safety and general welfare of the community.

   (c)   To establish procedures for reviewing applications for a conditional use. These procedures are necessary because some uses, as set forth in the district regulations, are classified as conditional uses thereby requiring a separate review process utilizing the guidelines outlined in this chapter.

   (d)   To establish procedures for reviewing applications for appeals and variances.

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

   No building or structure shall be erected, constructed, enlarged, structurally altered, or moved in whole or in part, and no use shall be established or changed in the Village of Walton Hills prior to the issuance of a zoning permit. A zoning permit shall be issued only when the plans for the proposed use, building or structure fully comply with the regulations set forth in this Zoning Code.

   (a)   A zoning permit shall be issued when:

      (1)   Single-Family Detached Dwellings and Uses Accessory Thereto. An application for a single-family detached dwelling or use accessory thereto has been reviewed and approved by the Zoning Administrator according to the procedures set forth in this chapter.

      (2)   All Other Permitted Uses. An application for any other permitted use not described in subsection (1) above has been reviewed and approved by the Planning Commission according to the development plan review procedures set forth in this chapter.

      (3)   Conditional Uses. An application for a conditional use has been reviewed and approved by the Planning Commission according to the procedures set forth in this chapter.

      (4)   Variance Requests. An application for which a variance from a requirement of this Zoning Code is requested has been reviewed and approved by the Board of Zoning Appeals, according to the procedures set forth in this chapter.

      (5)   Similar Uses. An application for any building or use not specifically listed in this Zoning Code as a permitted or conditional use has been reviewed and approved by the Planning Commission according to the procedures set forth in this chapter.

   (b)   Applications for zoning permits are available in the Office of the Zoning Administrator. A completed application form accompanied by all other applicable submission requirements shall be submitted to the Zoning Administrator.

   (c)   Expiration of Zoning Permit. All zoning permits shall expire if work there under does not progress under a schedule at least as rapid as the following and in conformance with the following:

      (1)   Twelve months from issuance, work shall have begun (e.g., ground shall have been broken.)

      (2)   Two years from issuance, work shall be complete as shown on the approved development or plot plan, as applicable.

      (3)   If construction is not complete within two years of the date of the issuance of the zoning permit and the Zoning Administrator has not granted an extension, a new application and permit shall be required. Unfinished construction projects on which no progress is made for 180 days shall be considered abandoned and declared a nuisance.

      (4)   In the case of multi-buildings projects, separate zoning permits may be issued for each building to facilitate compliance with the above deadlines.

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

   (a)   Certificate of Zoning Compliance Required. Land shall not be occupied or used and a building which has been erected or altered shall not be occupied or used until a certificate of zoning compliance has been applied for and issued as follows:

      (1)   Occupancy of a Building. A certificate of zoning compliance shall be required before a building that has been constructed, or an existing building that has been altered, moved, changed in use, or changed as to off-street parking or loading requirements may be occupied. A certificate of zoning compliance shall only be issued after the completion of the erection or alteration, or change in use of the building and the building is found, upon inspection, to conform with the provisions of this Zoning Code and any approved applications and/or plans.

      (2)   Occupancy of Land. A certificate of zoning compliance shall be required before occupancy of the land or where use of the land has been changed to a use different from the prior use. A certificate of zoning compliance shall be issued when it is determined, upon inspection, that the use conforms with the provisions of this Zoning Code.

      (3)   Change in Nonconforming Use. A certificate of zoning compliance shall be required whenever a nonconforming use is changed, and shall not be issued until the Board of Zoning Appeals has approved the change.

   (b)   Temporary Certificate of Zoning Compliance. Pending the issuance of a permanent certificate of zoning compliance, a temporary certificate may be issued, to be valid for a period not to exceed six months from its date, pending the completion of any required improvements, provided a letter of credit; cash; performance bond; or other instrument acceptable to the Village and in such amount and in a form acceptable to the Village, has been provided to the Village from a banking institution of sufficient amount to cover the estimated cost of materials and labor.

   (c)   Certification. The certificate of zoning compliance shall document that the building or proposed use of land or building conforms to the provisions of this Zoning Code.

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

   (a)   Submission of Applications. An application for a zoning permit for the construction or alteration of a single-family detached dwelling or use accessory thereto shall include the items set forth below.

      (1)   The completed application form with the required application fee.

      (2)   One copy of a general vicinity map.

      (3)   Copies of a plot plan showing the following. The number of copies to be specified by the Zoning Administrator. Such plans shall be legibly drawn to scale and shall be based on an accurate survey or plot plan.

         A.   Zoning district.

         B.   Property boundary lines and the exact dimensions and area of the lot to be built upon or utilized.

         C.   Right-of-way of adjacent streets.

         D.   Location, dimensions, height, and bulk of all structures to be erected or altered.

         E.   The existing and intended use(s) of all land, buildings and structures.

         F.   Dimensions of yards, setbacks, driveways and parking areas.

         G.   The location and use of buildings on adjoining lots.

         H.   Location and dimension of any easements and use of the easement.

         I.   Lot numbers of the concerned and abutting properties.

         J.   Each plan shall bear statements declaring that no part of the land involved in the application has been previously used to provide required setbacks or lot area for another structure.

         K.   Each property owner or authorized agent shall be required to attest to the correctness of the statements and data furnished with the application.

         L.   Any other pertinent data as may be necessary to determine and provide for the enforcement of this Zoning Code.

   (b)   Review for Completeness. Within twenty days after receiving an application, the Zoning Administrator shall review the submitted application to determine compliance with the applicable submission requirements. If the application is deemed insufficient, the Zoning Administrator shall notify the applicant of necessary changes or additional information needed. When the application is deemed complete, the Zoning Administrator shall officially accept the application for consideration of the action(s) requested on the date such determination is made.

   (c)   Action by Zoning Administrator. The Zoning Administrator shall evaluate the application and approve or deny it within thirty days from the date it was determined to be complete. In evaluating the application, the Zoning Administrator may consult with any department, agency, public body, official, company, or individual necessary to determine whether the application complies with the regulations of this Zoning Code.

      (1)   Approval. The Zoning Administrator shall issue a zoning permit upon finding that the building, structure or use, as proposed, complies with the provisions of this Zoning Code.

      (2)   Denial. If it is determined by the Zoning Administrator that the proposed building, structure or use would violate one or more provisions of this Zoning Code, then the zoning permit shall not be issued. The Zoning Administrator shall inform the applicant of the reason for the denial, including the regulation(s) that would be violated by the proposed use or structure.

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

   (a)   Development Plan Review Required. A development plan that indicates, among other things, the exact location of buildings, landscaping, parking areas, access drives, signs, and outdoor storage areas shall be required for the following:

      (1)   New construction of all permitted uses in commercial, office, and industrial districts;

      (2)   New construction of all non-residential permitted uses in the Country Home District;

      (3)   New construction of all conditional uses; and,

      (4)   Any existing or previously approved development meeting the criteria of subsections (1) through (3) above that proposes to alter, reconstruct, or otherwise modify a use or site including expanding the floor area of the permitted use; or changing the use which requires an increase in the amount of parking or a change in the site's circulation.

   (b)   Exemptions from Development Plan Review.

      (1)   Individually developed single-family detached dwelling units or uses accessory thereto shall not be subject to development plan review, but shall seek and receive approval for a zoning permit as required by Section 1258.04, Zoning Permits for a Single-Family Detached Dwelling or Use Accessory Thereto.

      (2)   A change of occupancy in an existing structure, or in a previously approved development plan, when there is no change in the bulk of the structure, and no change in the parking required, shall be exempt from the development plan review procedures.

   (c)   Pre-application Meeting. The applicant is encouraged to meet with the Planning Commission, prior to submitting an application for development plan review, in order to review preliminary plans. The purpose of this meeting is to discuss early and informally with the applicant the purpose and effect of this Zoning Code and the criteria and standards contained within. However, no action shall be taken at such a meeting and no opinions, suggestions, or recommendations discussed shall be relied on by the applicant to indicate subsequent approval or disapproval of the development plan.

   (d)   Development Plan Review Procedures. Development plans shall be reviewed and distributed according to the following:

      (1)   Review for Completeness. Within twenty days after receiving an application, the Zoning Administrator shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Zoning Administrator shall notify the applicant of the necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Zoning Administrator shall officially accept the application for consideration of the action(s) requested on the date such determination is made and place it on the Planning Commission's agenda.

      (2)   Distribution of Plans.

         A.   When the Zoning Administrator determines that the application is complete, the Zoning Administrator shall forward the application to the appropriate Village departments and professional consultants for review and comment. Any reports, comments, or expert opinions shall be returned to the Zoning Administrator within ten days from the date the application is deemed complete.

         B.   All applications for development plan review shall also be transmitted to the Village Architect who shall provide a recommendation to the Planning Commission regarding the appropriateness of the proposed development based upon the criteria and standards in this Zoning Code.

      (3)   Transmission to the Planning Commission. The Zoning Administrator shall distribute the application for development plan review and any reports prepared by the individuals in subsection (2) above to the Planning Commission, at least three days prior to the time of the Commission's review at their next regularly scheduled meeting.

      (4)   Action by the Planning Commission. The Planning Commission shall review the development plan according to the applicable criteria in Section1258.05 (f). Following its review, the Planning Commission shall:

         A.   Approve the development plan as submitted; or

         B.   Approve the plan subject to specific conditions not included in the plan as submitted, such as, but not limited to, improvements in the setback layout, open space arrangement, on-site control of access to streets, or such features as fences, walls and plantings to further protect and improve the proposed and surrounding developments; or

         C.   Deny the development plan. If the Planning Commission finds that a proposed plan does not meet the purposes of these regulations, it shall deny the plan and shall submit its findings in writing to the applicant upon the applicant's request; or,

         D.   Postpone the development plan for the next scheduled Planning Commission meeting, demonstrating to the applicant an acceptable alternative plan.

      (5)   Appeals of Planning Commission Decisions. Decisions by the Planning Commission granting or denying approval of a development plan shall be final. Appeals shall be subject to judicial review in attendance with law.

      (6)   Failure of the Planning Commission to Act. Failure of the Planning Commission to act within 120 days from the date the application was deemed complete, or an extended period as may be agreed upon, the applicant may deem the application denied.

      (7)   Re-application. The Zoning Administrator shall accept no re-application for a development plan unless the re-application is based on a revised application that addresses the justification for the denial of the initial application. A re-application shall comply with all the requirements of this chapter, including payment of the required fee. If an application is denied as a result of Section 1258.05 (d)(6), Failure of the Planning Commission to Act, the Zoning Administrator shall accept a re-application for development plan review that has not been revised from the previous submittal.

   (e)   Development Plan Submission Requirements. The applicant shall submit a development plan to the Zoning Administrator along with payment of the required fee. The development plan shall be prepared by a qualified professional and drawn to an appropriate scale, and shall disclose all uses proposed for the development, their location, extent, and characteristics. The application for a development plan review shall include the following maps, plans, designs and supplementary documents, unless items are determined by the Zoning Administrator to be inapplicable or unnecessary and are waived in writing by the Zoning Administrator:

      (1)   Location and height of existing and proposed buildings and structures;

      (2)   Accessory buildings and uses;

      (3)   Off-street parking and loading areas including lane and other pavement markings to direct and control parking and circulation and including the location of signs related to parking and traffic control;

      (4)   Adjacent streets;

      (5)   Adjacent property including buildings, parking and drives within 200 feet of the site;

      (6)   Arrangement of internal and in-out traffic movement including access roads and drives;

      (7)   Fences, walls, and signs;

      (8)   Sanitary sewers, water and other utilities;

      (9)   Drainage provisions;

      (10)   A lighting plan that includes:

         A.   A plan showing location of all exterior light fixtures, controllers and transformers.

         B.   Property boundaries, building location(s), parking lot layout, pedestrian paths, adjacent rights-of-way, north arrow, and scale.

         C.   Specifications, including height, and drawings or photographs for all exterior light fixture types, poles, conduit and appurtenant construction.

         D.   Lamp wattage of all proposed luminaires.

         E.   Photometric levels and any light trespass at the boundaries of the development.

         F.   Cut sheets for all proposed exterior light fixtures and poles.

         G.   Any other information and data reasonably necessary to evaluate the required lighting plan.

      (11)   Four elevations including a front, rear and two side elevations, together with additional views or cross sections, if necessary, to indicate completely the exterior appearance of the structure. All elevations shall be drawn to the same scale, which shall be not less than one-eighth of an inch to the foot, except that the front elevation may be drawn to a larger scale. Each elevation shall show the accurate location of windows, doors, shutters, chimneys, porches and other architectural features, all materials and finishes, an accurate finish grade line, existing topography and major vegetation features;

      (12)   Proposed grading, landscaping and screening plans;

      (13)   Dimensions of all buildings, setbacks, parking, drives and walkways; and,

      (14)   Other features or documentation necessary for the evaluation of the development plan as deemed necessary by the Zoning Administrator or Planning Commission.

   (f)   Criteria for Reviewing Development Plans. In reviewing a development plan, the Planning Commission shall review the development plan to determine if such application complies with the review criteria set forth below. The Planning Commission shall take into consideration the comments and recommendation of staff and consultants when reviewing the application. In order to approve a development plan, the Planning Commission shall consider such factors as:

      (1)   The plan is consistent with any plan for the orderly development of the Village and conforms in all respects to the regulations of this Zoning Code.

      (2)   The appropriate use and value of property within and adjacent to the area will be safeguarded.

      (3)   The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property.

      (4)   Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property.

      (5)   The development will have adequate public service, parking, and open spaces.

      (6)   The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this Zoning Code.

      (7)   The development will provide adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas.

      (8)   Upon review and recommendation of the Village Engineer, points of ingress/egress to the development shall be controlled and designed in such manner as to minimize conflicts with adjacent properties and developments.

      (9)   Adequate provision is made for emergency vehicle access and circulation;

      (10)   The proposed signs, when part of a sign plan, are:

         A.   An appropriate size, scale, and design in relationship with the principal building, site, and surroundings;

         B.   Adequately identify the use; and,

         C.   Located to maintain safe and orderly pedestrian and vehicular circulation.

      (11)   The landscape plan will adequately:

         A.   Enhance the principal building and site;

         B.   Maintain existing trees to the extent possible;

         C.   Buffer adjacent incompatible uses;

         D.   Break up large expanses of pavement with natural material; and,

         E.   Provide appropriate plant materials considering the ultimate mature size and shape of plants relative to the buildings and site, and the climate of the area, including typical weather conditions.

      (12)   Adequate provision is made for storm drainage within and through the site so as to maintain, as far as practicable, usual and normal swales, water courses and drainage areas, and shall comply with the applicable regulations in this Zoning Code and any other design criteria established by the Village or any other governmental entity which may have jurisdiction over such matters.

      (13)   Site lighting is designed to minimize direct light, glare, and excessive glow, which unreasonably interferes with the use and enjoyment of adjacent property. If it is determined that, once the project is completed, the lighting does have unreasonable adverse impact on adjacent property, the Zoning Administrator may order reasonable alterations to the site lighting (such as reduced illumination, shielding, landscaping, etc.) to mitigate such unreasonable impacts;

      (14)   If the project is to be carried out in progressive stages, each stage shall be so planned that the foregoing criteria are complied with at the completion of each stage.

      (15)   The Plan must comply with all laws and ordinances of the Village of Walton Hills, this Zoning Code, and other adopted Village policies.

   (g)   Significance of An Approved Plan; Plan Revisions.

      (1)   An approved development plan shall become for the proposed development a binding commitment of the specific elements approved for development.

      (2)   All construction and development under any building permit shall be in accordance with the approved development plan. Any departure from such plan shall be cause for revocation of the zoning permit and/or building permit, and the property owner or other responsible parties are subject to penalties as prescribed by this Zoning Code.

      (3)   Any changes in an approved development plan shall be resubmitted for approval in accordance with this chapter.

   (h)   Expiration of Development Plan Approval. An approved development plan shall remain valid for a period of twelve months following the date of its approval, unless the Planning Commission authorizes a longer period at the time of approval. If, at the end of that time, construction of the development has not begun, then approval of such development plan shall expire and shall be of no effect unless resubmitted and re-approved in accordance with the procedures set forth in this chapter. Construction is deemed to have begun when all necessary excavation and piers or footings of one or more principal buildings included in the plan have been completed.

   (i)   Simultaneous Plat Approval. If the proposed development includes the subdivision of land, the development shall be subject to the requirements of the plat approval process in accordance with subdivision regulations in the Planning and Zoning Code. Development plan approval and subdivision plat approval may proceed simultaneously at the discretion of the Planning Commission.

   (j)   Approval of Development Plan Requiring Variances. If an application for development plan approval requires approval of both a development plan and a variance, the applicant shall seek approval of the development plan first.

   (k)   Equivalency Provision. In reviewing an application for development plan approval, the Planning Commission may find that a development plan either adheres or is equivalent to the requirements of this Zoning Code.

      (1)   The Planning Commission may consider elements of a development plan to be equivalent to a requirement if:

         A.   The proposed development plan substantially complies with all specific requirements and with the purposes, intent and basic objectives of the zoning district;

         B.   Through imaginative and skillful design in the arrangement of buildings, open space, streets, access drives and other features, as disclosed by the application, the proposal results in a development of equivalent or higher quality than that which could be achieved through strict application of such standards and requirements; and,

         C.   The development, as proposed, shall have no adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community.

      (2)   It shall be the responsibility of the applicant to demonstrate to the Planning Commission that the provisions of this section have been satisfied. When evaluating the application with respect to this section, the Planning Commission shall make any finding of equivalency in writing which explains how and why the proposal has satisfied the above criteria. When making such finding, the Commission may approve the proposed application as if the application were in strict compliance with the standards and requirements in this Zoning Code.

      (3)   Approval under this section is not a variance. Instead, this subsection allows applicants to satisfy zoning requirements in ways not anticipated by the Village.

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

   Within each zoning district established by the Zoning Code and amendments thereto, uses of land or structures, which are compatible with each other, are permitted in the district. To the extent that new types of uses are created and are not addressed by this Zoning Code, this section provides the procedure by which the Planning Commission may make a determination that a new use is similar to a use permitted in a district.

   (a)   Determination. A proposed use may be permitted as a similar use when the Planning Commission determines that such proposed use is in compliance with the following provisions:

      (1)   The proposed use is not prohibited in any other district;

      (2)   The proposed use is not listed as a permitted use in any other district;

      (3)   The proposed use conforms to and is consistent with the purpose statement of the proposed district more appropriately than in any other district;

      (4)   The proposed use is of the same general character as the permitted uses in the district to which it is proposed or is similar to a specific use permitted in that district.

   (b)   Assignment to Districts. If the Planning Commission approves the proposed similar use, then the similar use shall be added to those districts that allow the principal or conditional use that is most similar, as identified in the Planning Commission's determination.

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

   When a proposed use is permitted as a conditional use in the zoning district in which it is proposed to be located, as set forth in the district regulations, a conditional zoning certificate is required and the application for such conditional zoning certificate shall be submitted and reviewed according to the procedures in this Section.

   (a)   Submission of An Application for a Conditional Use Permit. The owner or agent thereof, of property for which such conditional use is proposed, shall file with the Zoning Administrator an application for a conditional use permit accompanied by payment of the required fee. The application for a conditional zoning certificate shall disclose all uses proposed for the development, their location, extent, and characteristics and shall include the following information:

      (1)   A list of all property owners lying within 500 feet of any part of the property on which the conditional use is proposed, including their addresses and permanent parcel number and lot numbers, as shown on the current tax duplicate in the Office of the Cuyahoga County Treasurer.

      (2)   A development plan and associated documents as required by Section 1258.05 (e), unless specific items required in Section 1258.05 (e) are determined by the Zoning Administrator to be inapplicable or unnecessary and are waived in writing by the Zoning Administrator.

   (b)   Conditional Use Permit Application Procedures.

      (1)   Review for Completeness. Within twenty days after receiving an application for a conditional use, the Zoning Administrator shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Zoning Administrator shall notify the applicant of the necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Zoning Administrator shall officially accept the application for consideration of the action(s) requested on the date such determination is made and place it on the Planning Commission's agenda for a public hearing as required by subsection 1258.07 (c).

      (2)   Distribution of Plans. When the Zoning Administrator determines that the application is complete, the Zoning Administrator shall forward the application to appropriate Village departments and professional consultants for review and comment. Any reports, comments, or expert opinions shall be returned to the Zoning Administrator within ten days from the date the application is deemed complete.

      (3)   Transmission to the Planning Commission. The Zoning Administrator shall distribute the application for a conditional use and any reports prepared by the individuals in subsection (2) above to the Planning Commission, at least three days prior to the time of the Commission's review at their next regularly scheduled meeting.

   (c)   Public Hearing and Notice by Planning Commission for Conditional Uses. The Planning Commission shall hold a public hearing on the proposed conditional use. Notice of such public hearing shall be given by first class mail to the applicant and to the property owners within 500 feet of the property on which the use is proposed. Failure of delivery of such notice shall not invalidate action taken on such application. Further notice shall be given in one or more newspapers of general circulation in the Village. All notices shall be made at least ten days before the date of said public hearing. All notices shall set forth the time and place of the public hearing and the nature of the proposed conditional use. The Commission may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.

   (d)   Review of Conditional Use Permit Application. The Planning Commission shall review the proposed conditional use, as presented on the submitted plans and specifications, to determine whether or not the proposed use is appropriate and in keeping with the purpose and intent of this Zoning Code.

      (1)   The Planning Commission shall review the development plan for the proposed conditional use according to the development plan review criteria set forth in Section 1258.05 (f), Criteria for Reviewing Development Plans, as applicable;

      (2)   The Planning Commission shall review the application to determine if the establishment and operation of the proposed use complies with the general and specific criteria established for all conditional uses and the specific requirements established for that particular use, as set forth in Chapter 1294, Conditional Use Permit Regulations, of this Zoning Code; and

      (3)   The Planning Commission may require the applicant to submit such additional information as deemed necessary including the carrying out of special studies and the provisions of expert advice.

   (e)   Action by the Planning Commission on Conditional Uses. The Planning Commission shall take one of the following actions:

      (1)   If the proposed conditional use is determined by the Planning Commission to be appropriate and in conformance with the review criteria outlined in Chapter 1294, the Planning Commission shall approve the conditional use permit. As part of the approval, the Planning Commission may prescribe reasonable requirements on the proposed use to ensure that the development conforms to the intent and purposes of Sections 1294.01, 1294.02 and 1294.03. The Planning Commission may approve the application for a conditional use without approving the submitted development plan, which shall be subsequently approved pursuant to the procedures in this chapter.

      (2)   The Planning Commission shall deny the application if the Planning Commission concludes that, if completed as proposed, the development will not be in compliance with the requirements of this Zoning Code. Such action shall be stated in writing and include specific findings, based upon the evidence submitted, justifying such a conclusion.

   (f)   Failure of the Planning Commission to Act. If the Planning Commission fails to act within sixty days from the date the application was deemed complete, or an extended period as may be agreed upon, then the applicant may deem the development denied.

   (g)   Terms and Duration of Conditional Use Permit Approval.

      (1)   Conditional use approval shall authorize the applicant and /or his, hers or its successor in interest a particular conditional use on a specific parcel. Approval of a conditional use, pursuant to this chapter, shall be valid only for the use and the operation of such use as specified when granted by the Planning Commission. The breach of any condition, safeguard, or requirement shall constitute a violation of this Zoning Code. Approval shall automatically be void if, for any reason, the conditional use shall cease for more than one year.

      (2)   The conditional use permit approval shall expire one year from the date of enactment, unless:

         A.   The development plan is approved for uses that require a development plan;

         B.   Substantial progress in the establishment of the use is accomplished; or

         C.   As otherwise specifically approved by the Planning Commission.

      (3)   Conditional Use Changes. Except as noted throughout this Code, all exterior alterations and additions to existing non-residential conditional uses shall be reviewed and approved by the Planning Commission. Also, at the Zoning Administrator's discretion, any interior alteration to an existing non-residential conditional use that requires additional parking spaces to be provided may be reviewed and approved by the Planning Commission.

   (h)   Re-application for a Conditional Use Approval. The Zoning Administrator shall accept no re-application for a conditional use unless the re-application is based on a revised application that addresses the justification for the denial of the initial application. A re-application shall comply with all the requirements of this chapter, including payment of the required fee. If an application is denied as a result of Section 1258.07 (f), Failure of the Planning Commission to Act, the Zoning Administrator shall accept a re-application for a conditional use that has not been revised from the previous submittal.

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

   Appeals to the Board concerning interpretation or administration of this Code may be submitted by any person, firm or corporation deeming him/herself or itself to be adversely affected or by any officer or bureau or the legislative authority of the Village affected by any decision of the Zoning Administrator, or by any administrative officer deciding matters relating to this Zoning Code.

   (a)   Initiation of Appeal. Applications for appeal, together with the required application fee, shall be filed with the Zoning Administrator and thereby with the Board within ten days after the date of any adverse order, requirement, decision, or determination. The application for appeal shall include reference to the decision, the provision of this Zoning Code from which the appeal is sought, and reasons for the appeal. The Zoning Administrator shall transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

   (b)   For the purposes of this chapter, an applicant's request for a variance from the terms of this Zoning Code shall be considered as an appeal to the Board of Zoning Appeals, subject to the regulations set forth in this chapter.

   (c)   Public Hearing by the Board. When an application for appeal has been filed in proper form with the Board of Zoning Appeals and the application fee has been paid, the Zoning Administrator shall immediately place the request upon the calendar for public hearing before the Board of Zoning Appeals.

      (1)   The Board shall hold a public hearing within forty-five days after the receipt of a completed application for an appeal.

      (2)   The Board may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required. Any person in interest may appear at the public hearing in person or by attorney.

   (d)   Notice of Public Hearing. Before holding the public hearing, notice of such hearing shall be provided according to the following:

      (1)   Notice of the public hearing shall be given in one or more newspapers of general circulation in the Village at least ten days before the date of such public hearing.

      (2)   Written notice of the public hearing shall be mailed at least ten days before the day of the hearing to the applicant and all parties having proprietary interest in land within 500 feet of the property to which such appeal relates. Failure of delivery of such notice shall not invalidate action taken on such application.

      (3)   All notices shall set forth the time, place and nature of the public hearing.

   (e)   Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board of Zoning Appeals after the notice of the appeal has been filed, that by reason of facts stated in the application, a stay would, in his/her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board or by a court of record on application, on notice to the Zoning Administrator from whom the appeal is taken on due cause shown.

   (f)   Review of Appeal. The Board of Zoning Appeals shall review the application. To aid in their review, the Board may transmit the application to appropriate administrative departments and professional consultants for review and comment. Any reports, comments or experts opinions shall be compiled by the Zoning Administrator and transmitted to the Board prior to the time of the Board's review.

   (g)   Decision of the Board. Within its powers, the Board of Zoning Appeals may reverse or affirm, wholly or in part, the decision being appealed, and to that end shall have all the powers of the officers from whom the appeal is taken, and it may direct the issuance of a permit or certificate.

      (1)   The Board shall render a decision on the appeal within thirty days from the date of the hearing unless an extended period of time is mutually agreed upon by the applicant and the Board.

      (2)   The Board shall notify the appellant in writing of the decision of the Board.

      (3)   Minutes of all proceedings upon appeal, showing the vote of each member thereon, and record of the Board's official actions shall be kept in the office of the Zoning Administrator.

      (4)   Once the appellant has received the Board's decision, he/she shall, within twelve months following the date of approval, submit an application for a zoning permit, conditional zoning certificate, or other action that complies with the Board of Zoning Appeal's decision.

         A.   A copy of the Board of Zoning Appeal's decision shall be attached to the application.

         B.   If action is not taken by the appropriate party within the above-specified time frame, the authorization of the appeal shall become null and void, and re-application to the Board shall be necessary.

   (h)   Re-application of an Appeal. If the Board of Zoning Appeals denies the appeal, the Board need not rehear the application unless substantial new evidence is submitted.

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

   The Board of Zoning Appeals may authorize upon appeal in specific cases such variance from the terms of this Zoning Code as will not be contrary to the public interest according to the following procedures:

   (a)   Application Requirements. An application for a variance shall be filed with the Zoning Administrator for review by the Board of Zoning Appeals upon the forms provided and shall be accompanied by the following requirements necessary to convey the reason(s) for the requested variance:

      (1)   Name, address, and phone number of applicant(s);

      (2)   Proof of ownership, legal interest, or written authority;

      (3)   Legal description of property or portion thereof;

      (4)   Identification of the zoning district in which the property is located.

      (5)   Description or nature of variance requested;

      (6)   Narrative statements establishing and substantiating the justification for the variance pursuant to the applicable criteria in subsections 1258.09 (c)(1) or 1258.09 (c)(2), as applicable;

      (7)   A plan, neatly and legibly drawn to adequately depict the information showing the following, where applicable:

         A.   The street providing access to the lot and the exact location of the lot in relation to the nearest cross street.

         B.   The name of the subject plan, if any, and the lot numbers of the subject and abutting properties.

         C.   The actual dimensions of the lot, the setbacks and other open space dimensions thereof and the location and size of any existing structure thereon.

         D.   The location and size of the proposed structure, and/or the proposed enlargement and existing structure.

         E.   The location and size of the parking area and the circulation layout.

         F.   The proposed landscaping, signs, and any other uses on the property.

         G.   An elevation drawing for any proposed new structures or major additions.

         H.   Any other information, including but not limited to floor plans, elevations and other drawings at a reasonable scale to convey the need for the variance, which, in the judgment of the Zoning Administrator, may be necessary to provide for the enforcement of this Zoning Code.

      (8)   Payment of the application fee;

      (9)   A list of all property owners lying within 500 feet of any part of the property on which the variance is proposed, including their addresses and permanent parcel numbers and lot numbers; and,

      (10)   Any other documents deemed necessary by the Zoning Administrator.

   (b)   Review of Completeness. Within twenty days after receiving an application for variance, the Zoning Administrator shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Zoning Administrator shall notify the applicant of the necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Zoning Administrator shall officially accept the application for consideration of the action(s) requested on the date such determination is made and place it on the Board of Zoning Appeals' agenda.

   (c)   Review by the Board. According to the procedures established for appeals in Section 1258.08, the Board shall hold a public hearing and give notice of the same. The Board shall review each application for a variance to determine if it complies with the purpose and intent of this Zoning Code and evidence demonstrates that the literal enforcement of this Zoning Code will result in practical difficulty or unnecessary hardship.

      (1)   Area Variance. For area variances, the following factors shall be considered and weighed by the Board to determine practical difficulty:

         A.   Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning district. Examples of such special conditions or circumstances are exceptional irregularity; narrowness, shallowness or steepness of the lot; or proximity to non-conforming and inharmonious uses, structures or conditions.

         B.   Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;

         C.   Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures;

         D.   Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance;

         E.   Whether the variance would adversely affect the delivery of governmental services such as water, sewer, trash pickup;

         F.   Whether the property owner purchased the property with knowledge of the zoning restrictions;

         G.   Whether special conditions or circumstances exist as a result of actions of the owner;

         H.   Whether the property owner's predicament feasibly can be obviated through some method other than a variance;

         I.   Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance;

         J.   Whether the granting of the variance requested will confer on the applicant any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district;

         K.   Whether a literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Code.

      (2)   Use Variance. In order to grant a use variance, the Board of Zoning Appeals shall determine that strict compliance with the terms of this Code will result in unnecessary hardship to the applicant. The applicant must demonstrate such hardship by clear and convincing evidence that all of the criteria in subsection 1258.09 (c)(2) A. are satisfied. The applicant may also demonstrate hardship by use of the criteria in 1258.09 (c)(2) B.

         A.   The applicant shall demonstrate hardship with the following:

            1.   The variance requested stems from a condition that is unique to the property at issue and not ordinarily found in the same zone or district;

            2.   The granting of the variance will not have any material adverse affect on the rights of adjacent property owners or residents;

            3.   The granting of the variance will not have any material adverse affect on the public health, safety or general welfare of the Village of Walton Hills;

            4.   The variance will be consistent with the general spirit and intent of the Code; and,

            5.   The variance sought is the minimum that will afford relief to the applicant.

         B.   The applicant may submit evidence and the Board may also consider:

            1.   Whether the property cannot be put to any economically viable use under any of the permitted uses in the zoning district in which the property is located; and,

            2.   Whether, and the extent to which (if applicable), the hardship condition is not created by actions of the applicant.

   (d)   Requests for Additional Information. The Board of Zoning Appeals may request that the applicant supply additional information that the Board deems necessary to review and evaluate the request for a variance.

   (e)   Additional Conditions and Safeguards. The Board may further prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the regulation(s) or provision(s) to which the variance applies will be met.

   (f)   Action by the Board. The Board shall act according to the procedures established for appeals in Section 1258.08 (g).

      (1)   The Board shall:

         A.   Approve;

         B.   Approve with supplementary conditions; or,

         C.   Disapprove the request for a variance.

      (2)   The Board shall further make specific findings of fact based directly on the particular evidence presented that the reasons set forth in the application and as presented by the applicant during the public hearing, justify the granting of the variance that will make possible a reasonable use of the land, building, or structure.

      (3)   The Board shall have the power, in specific cases, to vary the application of certain provisions of this Code in order that the public health, safety, morals and general welfare may be safeguarded and substantial justice done.

   (g)   Terms and Extension of Variance. Variances shall expire one year from the date of their enactment, unless prior thereto, the applicant commences construction in accordance with the granted variance or an extension of time has been granted by the Board of Zoning Appeals. Construction is deemed to have begun when all necessary excavation and piers or footings of one or more principal buildings included on the approved plan have been completed. There shall be no modification of variances except by further consideration of the Board. Once the time limit pursuant to this Section has expired, a request for a variance shall be considered to be a new application for a variance and shall meet all requirements for application and review pursuant to this section.

   (h)   Appeal of Board's Decision. Any person aggrieved by any action or decision of the Board under this Zoning Code including the Village or any officer or official thereof, or upon the direction of the Legislative Authority or the Mayor may appeal any such action or decision to the Court of Common Pleas under Ohio R. C. Ch. 2506.

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