§ 25-497. Waiver or modification of Westlake Village Center Overlay District requirements.

(a)

If there is a conflict between the requirements of the zoning ordinance, the subdivision ordinance or other applicable county and state regulations and the Westlake Village Center Overlay District, the Westlake Village Center Overlay District requirements shall apply as the standards, unless they conflict with state regulations. Notwithstanding the foregoing, the zoning administrator may waive or modify a requirement of the Westlake Village Center Overlay District upon written petition where the applicant has established and the zoning administrator finds that the strict enforcement of the requirement is either unnecessary or would create an undue hardship, provided such a waiver or modification, as requested, shall not be adverse to the purpose of the provision being waived and that the applicant has proposed an alternative design solution that fulfills the design goals to an equivalent degree as the requirement that is being waived or modified.

(b)

The authority of the zoning administrator to grant waivers or modifications shall not be construed to extend to requests for variances of the minimum standards of the lot size, lot width, lot frontage, height, setback, floor area, parking, open space, or loading space that are defined by this division to be a power and duty of the board of zoning appeals.

(c)

Any person aggrieved by a decision of the zoning administrator with respect to approval or denial of a written request for a waiver or modification of a Westlake Village Center Overlay District requirement may appeal such decision to the Franklin County Board of Zoning Appeals within thirty (30) days of the decision. Such appeals shall be placed on the agenda for the next regular meeting of the board of zoning appeals. The board of zoning appeals shall review the appeal and may hear public comment. The board of zoning appeals may uphold or countermand the decision of the zoning administrator, either in whole or in part.

(d)

Any person aggrieved by a decision of the board of zoning appeals with respect to approval or denial of a written request for a waiver or modification of a Westlake Village Center Overlay District requirement may appeal the decision to the circuit court within thirty (30) days of the decision.

(e)

For the purposes of this section, the term "person aggrieved" shall mean the applicant or any person who owns real property which is located adjacent to a parcel upon which a site plan has been filed.

(Ord. of 7-16-02(2); Ord. of 11-19-04)

(Ord. of 7-16-02(2); Ord. of 11-19-04)