Hiram City Zoning Code
CHAPTER 1107
Enforcement
1107.01 ZONING PERMITS REQUIRED.
No building or other structure shall be erected, moved, added to or structurally altered nor shall any building, structure, or land by demolished, established or changed in use without a permit therefore, issued by the Zoning Inspector. Zoning permits shall be issued only in conformity with the provisions of this Zoning Code unless the Zoning Inspector receives a written order from the Planning Commission deciding an appeal.
(Ord. 88-10. Passed 1-10-89; Ord. 89-35. Passed 1-9-90.)
1107.02 APPLICATION FOR ZONING PERMIT.
Applications for zoning permits shall be submitted to the Zoning Inspector and must be completed in full and accompanied by the appropriate fee as specified by Section 1107.09. Said application shall include the following information:
(a) Name, address and phone number of applicant;
(b) Legal description of property;
(c) Existing use;
(d) Proposed use;
(e) Zoning district;
(f) Plans in triplicate drawn to scale, showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; and the location and dimensions of the proposed building(s) or alteration; location of all nearby streets;
(g) Building heights;
(h) Number of off-street parking spaces or loading berths; open space;
(i) Number of dwelling units; occupants, employees; bedrooms; and
(j) Such other matters as may be necessary to determine conformance with and provide for the enforcement of this Zoning Code.
(Ord. 88-10. Passed 1-10-89.)
1107.03 CONDITIONAL ZONING PERMIT.
All applications for a conditional zoning permit shall follow the application procedure provided for in Chapter 1135.
(Ord. 88-10. Passed 1-10-89.)
1107.04 ISSUANCE OF ZONING PERMITS.
Zoning permits shall be issued by the Zoning Inspector within ten (10) working days after receipt of the application under the following conditions:
(a) The application is for a permitted use and it meets all of the requirements of this Zoning Code. If denied, the Zoning Inspector shall give written notice of denial and state reasons for denial including sections of the Zoning Code that the applicant does not comply with;
(b) If application is a conditional use, the applicant has received approval of the Planning Commission as regulated by Chapter 1135;
(c) Upon approval of a variance or appeal by the Planning Commission;
(d) Upon approval of site plan for those uses requiring site plan review as regulated by Chapter 1111.
The Zoning Inspector shall sign and mark the copies of plans approved and date the permit was issued and return one set to the applicant or if disapproved, sign and date. One copy of the plans shall be retained by the Zoning Inspector. The Zoning Inspector shall issue a placard, to be posted during construction in a conspicuous place on the property in question, attesting to the fact that the construction or alteration is in conformance with the provisions of this Zoning Code.
(Ord. 2004-43. Passed 1-11-05.)
1107.05 SUBMISSION TO DIRECTOR OF TRANSPORTATION.
Before any zoning permit is issued affecting any land within three-hundred feet of the centerline of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the Director of Transportation, or any land within a radius of five-hundred (500) feet from the point of intersection of said centerline with any public road or highway, the Zoning Inspector shall give notice, by registered mail to the Director of Transportation that he shall not issue a zoning permit 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 Zoning Inspector that he shall proceed to acquire the land needed, then the Zoning Inspector shall refuse to issue the zoning permit. If the Director of Transportation notifies the Zoning Inspector 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 Zoning Inspector shall, if the application is in conformance with all provisions of this Zoning Code, issue the zoning permit.
(Ord. 88-10. Passed 1-10-89.)
1107.06 EXPIRATION OF ZONING PERMIT.
If the work described in any zoning permit has not begun within one year from the date of issuance, said permit shall expire; and it shall be revoked by the Zoning Inspector. Written notice thereof shall be given to the person affected.
If the work described in any zoning permit has not been substantially completed within two years of the date of issuance thereof, said permit shall expire and be revoked by the Zoning Inspector, and written notice shall be given to the persons affected, with notice that further work as described in the cancelled permit shall not proceed unless and until a new zoning permit has been obtained or extension granted by the Planning Commission.
(Ord. 88-10. Passed 1-10-89.)
1107.07 CERTIFICATE OF OCCUPANCY.
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof created, erected, changed, converted, or altered or enlarged in its use or structure until a certificate of occupancy shall have been issued by the Zoning Inspector stating that the proposed use of the building or land conforms to the requirements of this Zoning Code.
A temporary certificate of occupancy may be issued by the Zoning Inspector for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion. (Ord. 88-10. Passed 1-10-89.)
1107.08 MAINTENANCE OF RECORDS.
The Zoning Inspector shall maintain in the Village office:
(a) Permanent records of all applications, fees, bonds, certificates, plans, meeting notices, hearings, special studies, amendments and other activities and actions conducted in the administration and enforcement of this Zoning Code;
(b) A list of nonconforming uses;
(c) An original or master copy of the Zoning Code maintained current with amendments; and
(d) A master copy of the Zoning District Map maintained current with amendments.
(Ord. 88-10. Passed 1-10-89.)
1107.09 SCHEDULE OF FEES, CHARGES AND EXPENSES.
The Village Council shall by ordinance, establish a schedule of fees, charges, and expenses and a collection procedure for zoning permits, amendments, appeals, variances, conditional use permits, plan approvals, and other matters pertaining to the administration and enforcement of this Zoning Code requiring investigations, inspections, legal advertising, postage, and other expenses. The schedule of fees shall be posted in the office of the Clerk of Council and may be altered or amended only by the Village Council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.
(Ord. 88-10. Passed 1-10-89.)
1107.10 VIOLATIONS.
Whenever a violation of this Zoning Code occurs, or is alleged, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Inspector. The Zoning Inspector shall record properly such complaint, immediately investigate, and take action within thirty (30) days from the date of receipt of the complaint.
Any person found to be violating the provisions of this Zoning Code shall be notified in writing and given thirty (30) days from the date of issuance of notice to correct said violation.
If the violation is not corrected within thirty (30) days, then Council, the Solicitor, Zoning Inspector, or any adjacent or neighboring property owner who would be especially damaged by any violation of this Zoning Code, in addition to any other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful location, erection, construction, removal, reconstruction, enlargement, change, maintenance or use.
(Ord. 88-10. Passed 1-10-89.)
1107.11 PENALTIES.
Whoever violates any provision of this Zoning Code, shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined not more than five hundred dollars ($500.00) for the first offense. A second violation of the same section of this chapter shall he deemed guilty of a misdemeanor, and upon conviction, shall be fined not more than seven hundred fifiy dollars ($750.00). A third violation of the same section of this chapter shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined not more than one thousand dollars ($1,000.00). Each day of continuation of a violation with this Zoning Code shall be deemed a separate offense and a separate citation may be issued per day of continuing violation. If there is a conviction on a violation, the violator shall be responsible for payment of all legal, professional, court costs and other expenses of the Village in the case.
(Ord. 2024-17. Passed 8-13-24.)
1107.12 SPECIAL COSTS.
When the Planning Commission or Board of Appeals find it necessary to cause special studies to be made, the applicant shall bear all reasonable direct and related costs. Reasonable refers to standard fees for the type of expertise and studies for the region.
(Ord. 88-10. Passed 1-10-89.)