Hiram City Zoning Code
CHAPTER 1105
Administration
1105.01 ZONING INSPECTOR.
The Zoning Inspector, designated by the Mayor, with the approval of Council, shall administer and enforce the regulations of this Zoning Code. Assistance may be provided by other persons, as the Mayor may direct.
(Ord. 88-10. Passed 1-10-89.)
1105.02 DUTIES OF THE ZONING INSPECTOR.
The Zoning Inspector shall have the following duties:
(a) Upon finding that any provisions of this Zoning Code are being violated, the Zoning Inspector shall notify, in writing, the person responsible for the violation, and order the action necessary to correct the violation, citing the section of the Zoning Code the violation pertains to.
(Ord. 88-10. Passed 1-10-89.)
(b) Order, in writing, discontinuance of illegal uses of land, buildings, and structures.
(c) Order, in writing, removal of illegal buildings or structures or illegal additions or structural alterations.
(d) Order, in writing, discontinuance of any illegal work being done.
(Ord. 88-10. Passed 1-19-89; Ord. 89-35. Passed 1-9-90.)
(e) Issue zoning permits and occupancy permits in conformance with the provisions of this Zoning Code.
(f) Take any other action authorized by this Zoning Code, to ensure compliance with or prevent violations of this Zoning Code.
(g) Maintain a list of nonconforming uses with location and exact nature of the existing nonconformity.
(h) Administrative duties as necessary and permissible.
(Ord. 88-10. Passed 1-10-89.)
1105.03 PLANNING COMMISSION.
The Village Planning Commission, as established by Council, shall consist of five members who shall be: the Mayor, one member of Council, who shall serve for the remainder of his/her term in office, and three citizens of the Village, to be appointed by the Mayor, for terms of six years each. All members shall serve without compensation.
(Ord. 88-10. Passed 1-10-89.)
1105.04 DUTIES OF THE PLANNING COMMISSION.
In addition to any duties prescribed by Ohio R.C. Chapter 713, the Planning Commission shall have the powers to administer Section 1105.05 - Appeals and Variances, Section 1135.02 - Conditional Zoning Permits, Chapter 1111 - Site Plan Review, and Chapter 1137 - Amendments, as well as any other references to Administrative body action as specified in this Zoning Code.
(Ord. 88-10. Passed 1-10-89.)
1105.05 PLANNING COMMISSION POWERS AND DUTIES: APPEALS AND VARIANCES.
In exercising its duties, the Planning Commission may:
(a) Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination made by the Zoning Inspector. As long as such action is in conformity with the terms of this Zoning Code, the Planning Commission may reverse or affirm, wholly or partly, or modify the order, requirements, decision or determination as ought to be made, and to that end shall have the powers of the Zoning Inspector from whom the appeal is taken.
(b) Authorize such variances from the terms of this Zoning Code as will not be contrary to the public interest, where owing to the special conditions, a literal enforcement of this Zoning Code will result in practical difficulty and so that the spirit of this Zoning Code shall be observed and substantial justice done.
All members of the Commission shall have one (1) vote. The concurring vote of four (4) members of the Commission shall be necessary to reverse or modify any order, requirement, decision or determination of the Zoning Inspector, or to decide in favor of the applicant for any appeal or variance. (Ord. 2004-43. Passed 1-11-05.)
1105.06 APPEALS PROCEDURE.
(a) Appeals to the Planning Commission concerning interpretation or administration of this Zoning Code, may be taken by any person aggrieved by any decision of the Zoning Inspector or their designee by filing with the Secretary of the Planning Commission, a notice of appeal on the application specifying the grounds upon which the appeal is being taken. The Zoning Inspector shall receive a copy of the application, whereupon the Zoning Inspector shall transmit to the Planning Commission, all the papers constituting the record upon which the action appealed from was taken.
(b) The applications for appeal shall specify the decision and provisions of the Zoning Code from which the appeal is sought and the grounds thereof.
(c) The applicant for an appeal shall pay a fee as specified in Section 1107.09 of this Zoning Code to accompany this application.
(Ord. 88-10. Passed 1-10-89.)
1105.07 VARIANCES.
The Planning Commission may authorize application in specific cases such variance from the terms of this Zoning Code, as will not be contrary to the public interest, where, owing to special conditions a literal enforcement of the provisions of this Zoning Code, would result in practical difficulty. A written application shall be submitted to the Secretary of the Planning Commission, who shall submit a copy to the Zoning Inspector, who shall thereupon transmit any records relevant to the case to the Commission Secretary.
The application shall specify the provisions of this Zoning Code from which a variance is requested and the grounds thereof.
The applicant shall pay a fee as specified by Section 1107.09, to accompany the application.
A variance may only be granted when there is evidence that:
(a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district.
(b) That a literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Zoning Code.
(c) Special conditions and circumstances which exist do not result from the actions of the applicant.
(d) That granting the variance requested will not permit a use not allowed by the existing Zoning Code.
(e) The variance is not passed exclusively on a desire to increase property value or for other financial gain.
(f) Granting the variance will not be contrary to the interest, purpose and objective of this Zoning Code, and will not be detrimental to the public health, safety, convenience and general welfare.
(g) The variance would be the minimum necessary to alleviate the hardship or difficulty.
When applying for a variance, the applicant shall state and substantiate the claim that the conditions alone do exist and the above standards can be met.
(Ord. 88-10. Passed 1-10-89.)
1105.08 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
In granting any appeal or variance, the Planning Commission may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this Zoning Code, and punishable under Section 1107.10.
(Ord. 88-10. Passed 1-10-89.)
1105.09 PUBLIC HEARING BY THE PLANNING COMMISSION.
The Planning Commission shall hold a public hearing within thirty (30) days after the receipt of an application for an appeal or variance from the applicant.
(Ord. 2004-43. Passed 1-11-05.)
1105.10 NOTICE OF PUBLIC HEARING.
Before holding the public hearing required in Section 1105.09, notice of such hearing shall be given in one or more newspapers of general circulation of the Village, at least ten (10) days before the date of such hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance.
(Ord. 88-10. Passed 1-10-89.)
1105.11 NOTICE TO PARTIES IN INTEREST.
(a) Before holding the public hearing required in Section 1105.09, written notice of such hearing shall be mailed by the Chairperson of the Planning Commission, by certified mail, at least 10 days before the day of the hearing to all parties in interest. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1105.10. At a minimum, the notice shall be mailed to owners of property within 500 feet, contiguous to and directly across the street from any part of the property which is subject to an appeal or variance. Written notice shall be sent to the applicant by certified mail at least ten (10) days prior to the public hearing. Notices shall be sent to addresses of property owners appearing on the current tax duplicate of the County.
(b) Failure of delivery of such notice shall not invalidate the action of the Planning Commission.
(c) Other parties of interest may be Council and others as deemed necessary to notify. (Ord. 88-10. Passed 1-10-89.)
1105.12 HEARING CONTINUATION.
The Planning Commission members may recess such public hearing as necessary to gather additional information or evidence needed to make a decision and, if the time and place of the continued hearing is publicly announced at the adjournment, no further notices shall be required.
(Ord. 88-10. Passed 1-10-89.)
1105.13 ACTION BY THE PLANNING COMMISSION.
Within thirty (30) days after the public hearing, as required in Section 1105.09, unless an extension of time is agreed upon by the Planning Commission and the applicant, the Planning Commission shall either approve, approve with supplementary conditions as specified in Section 1105.08, or disapprove the request for an appeal or variance. The Planning Commission shall further make a finding that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure. Appeals from the Commission’s decisions shall be made in the manner specified in Section 1105.14.
A certified copy of the decision shall be transmitted to the applicant and the Zoning Inspector. Such decision shall be binding upon the Zoning Inspector, and shall incorporate the terms and conditions of the decision in any permit or certificate issued to the applicant whenever such permit is authorized by the Planning Commission.
(Ord. 88-10. Passed 1-10-89.)
1105.14 APPEAL ON THE PLANNING COMMISSION’S DECISION.
Any person aggrieved by an action or decision of the Planning Commission, including Village officials, may appeal a decision of the Planning Commission to the Portage County Court of Common Pleas.
The appellant shall deposit fifty dollars ($50.00) with the Village Fiscal Officer to pay the actual costs of preparing the transcript of the record for filing with the Common Pleas Court. The deposit shall accompany the praecipe ordering the transcript and the Secretary of the Planning Commission shall not be required to prepare the transcript until the deposit is paid. The appellant shall be entitled to a refund of the unused portion of the deposit upon conclusion of the appeal or other refund as may expressly ordered by the Court.
(Ord. 2004-43. Passed 1-11-05.)