Zoning Permits

 

Zoning permits can only be issued in compliance with the Hiram Village Zoning Code Requirements. No building or other structure shall be erected, moved, added to or structurally altered nor shall any building, structure, or land be demolished, established or changed in use without a permit 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. [1107.01 Zoning Permits Required].

 

Upon application, the Planning Commission may consider and grant a variance per the strict requirements of the Zoning Code. The procedure and justification for granting a variance is set forth in Section 1105.07.

 

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. [1105.07 Variances].

 

Prior to taking any action, the Planning Commission must schedule and hold a public hearing. 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. [1105.09 Public Hearing by the Planning Commission].

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. [Section 1105.14].

Whenever a violation of the 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. [Section 1107.10].

The procedures for site plan review are outlined in Chapter 1111 of the Planning and Zoning Code. This Chapter also provides general site planning guidelines in order to assure that all the elements required in this Code are present in a site plan and that their design, location and relationship to one another, to the site, and to adjacent properties are appropriate to achieve the intent and goals of this Code. These site planning guidelines are intended to benefit both the developer and the community. [Chapter 1111].