Hiram City Zoning Code
CHAPTER 1137
Amendments
1137.01 PURPOSE.
The purpose of this chapter is to define procedures by which this Zoning Code may be amended. (Ord. 88-10. Passed 1-10-89.)
1137.02 GENERAL.
Whenever the public necessity, convenience, general welfare, or good zoning practices require, Village Council may by ordinance after receipt of recommendation thereon from the Planning Commission, and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions, and boundaries or classification of property.
(Ord. 88-10. Passed 1-10-89.)
1137.03 INITIATION OF ZONING AMENDMENTS.
Amendments to this Zoning Code may be initiated in one of the following ways:
(a) By adoption of a motion by the Planning Commission;
(b) By adoption of a resolution by Village Council; or
(c) By the filing of an application by at least one (1) owner or lessee of property within the area proposed to be changed or affected by said amendment.
(Ord. 88-10. Passed 1-10-89.)
1137.04 CONTENTS OF APPLICATION FOR AMENDMENT TO ZONING CODE.
(a) Application for amendment to the Zoning Code pursuant to Section 1137.03
(c) hereof, shall first be submitted to the Zoning Inspector for determination of compliance with Chapter 1137
. Application shall be submitted on forms made available by the Zoning Inspector, and shall include the following:
(1) Evidence that the proposed amendment would materialize in an equal or better Zoning Code than that existing.
(2) A statement of the proposed text change in the regulations set forth in this Zoning Code.
(3) A map of the proposed zoning district and geographic boundaries, and a vicinity map showing property lines and streets.
(4) If application is initiated for a district boundary change, a fee as specified by Section 1107.09
shall be deposited with the Zoning Inspector.
(5) Evidence that the existing Zoning Code is unreasonable with respect to the particular property, and that it deprives the property owner of his lawful and reasonable use of the land. For the purposes of this Zoning Code, a limitation upon the financial gain from the land in question shall not constitute unreasonable zoning.
(6) A list of all current property owners within, contiguous to, and directly across the street, and property within 500 feet from the parcel(s) proposed to be rezoned as well as the addresses of those owners.
(7) A statement on how the proposed amendment relates to Hiram Village’s plan for development, if one has been adopted.
Applications to amend parts of this Zoning Code, other than the Zoning District Map, shall include at least items listed in subsection (a)(1), (2) and (7) hereof.
(Ord. 88-10. Passed 1-10-89.)
1137.05 TRANSMITTAL TO PLANNING COMMISSION.
If the Zoning Inspector determines that the application provides the information necessary, he shall transmit the application for an amendment to the Secretary of the Planning Commission.
(Ord. 88-10. Passed 1-10-89.)
1137.06 SUBMISSION TO STATE DIRECTOR OF TRANSPORTATION.
Before any zoning amendment is approved affecting any land within three hundred (300) feet of the centerline of a proposed highway or highway for which changes are proposed as described in the certification to local officials by the Director of Transportation, or within a radius of five hundred (500) feet from the point of intersection of said centerline with any public road or highway, the Commission shall give notice, by registered or certified mail to the Director of Transportation. The Commission may proceed as required by law, however, the Village Council shall not approve the amendment for one hundred twenty (120) days from the date the notice is received by the Director of Transportation. If the Director of Transportation notifies the Village that he shall proceed to acquire the land needed, then the Village shall refuse to approve the rezoning. If the Director of Transportation notifies the Village that acquisition at this time is not in the public interest or upon the expiration of the one hundred twenty (120) day period or any extension thereof agreed upon by the Director of Transportation and the property owner, the Village Council shall proceed as required by law.
(Ord. 88-10. Passed 1-10-89.)
1137.07 AMENDMENT REFERRAL AND PLANNING COMMISSION RECOMMENDATION.
No Zoning Code amendment shall become effective unless the following has occurred:
(a) Amendments, whether submitted by property owners in the area to be affected by the amendment to Council, or initiated by Council, shall be submitted to the Secretary of the Planning Commission for a recommendation of approval, disapproval or modification from the Planning Commission.
(b) Planning Commission shall have no less than thirty (30) days nor more than sixty (60) days from date of referral by Council or from date of Planning Commission initiation, to review and prepare a recommendation with 3 members concurring, and transmit said recommendation to the Clerk of Council in writing. Time extension over sixty (60) days may be authorized by Council when necessary.
(Ord. 88-10. Passed 1-10-89.)
1137.08 PUBLIC HEARING BY COUNCIL.
Before any amendment may be passed, Council shall hold a public hearing, within sixty (60) days from date of receipt of recommendation from the Planning Commission. Such hearing shall be publicized as follows:
(a) Written notice shall be placed in a newspaper of general circulation in the Village at least thirty (30) days prior to the date of the public hearing, stating the time, place of hearing and general nature of the amendment(s) proposed and that copies of the proposed amendment(s) and Zoning Code shall be on file for public examination in the office of the Fiscal Officer.
(b) If the amendment proposed is intended to rezone ten (10) or less parcels as listed on the tax duplicate, written notice of the hearing shall also be mailed by the Clerk of Council by first class mail at least twenty (20) days before the date of the public hearing to the owners of the property within, contiguous to and directly across the street and within 500 feet from the area proposed to be rezoned to the address of such owners appearing on the County Auditor’s current tax list, or the Treasurer’s mailing list and any other lists that may be specified by Council.
The failure of mail delivery of such notice shall not invalidate any such amendment.
(Ord. 88-10. Passed 1-10-89.)
1137.09 ACTION BY COUNCIL.
Within ninety (90) days after the public hearing, Council shall either adopt or deny the recommendation of the Planning Commission. No amendment which modifies or denies the recommendation of the Planning Commission shall take effect unless three-fourths (3/4) of the full Council membership approves of said denial or modification.
(Ord. 2004-43. Passed 1-11-05.)
1137.10 EFFECTIVE DATE.
Such amendment adopted by Council shall take effect thirty (30) days after the date of the last reading by Council.
(Ord. 88-10. Passed 1-10-89.)
1137.11 ANNEXATION.
Any land annexed to the Village, subsequent to the adoption of this Zoning Code, shall remain subject to the previous township zoning district until such time as the official Zoning District Map is amended according to the procedures specified in this chapter.
(Ord. 88-10. Passed 1-10-89.)