(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.)