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HomeMy WebLinkAboutCity Council Ordinance 1970-12VILLAGE OF PLYMOUTH ORDINANCE NO. 70-12 AN ORDINANCE AMENDING SECTION 19 OF THE ZONING ORDINANCE RELATING TO THE BOARD OF ZONING ADJUSTMENTS THE VILLAGE COUNCIL OF THE VILLAGE OF PLYMOUTH DO HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment of Zoning Ordinance. The Plymouth Zoning Ordinance is here ,y amended V deleting Section 19 thereof and sub- stituting the following therefor: "SECTION 19 BOARD OF ZONING ADJUSTMENT Subdivision 1. Creation. and Membership. A Board of Zoning Adjustment is hereby established and vested with such administrative authority as is hereinafter provided. Such Board 10 shall consist of one member of the Village Planning Commission and four (4) citizens. The Zoning Administrator shall serve as an ex officio member without the right to vote on matters before the Board. The five (5) Board members shall be appointed by the Mayor and Village Council. The Board shall serve without compensation. Its Planning Commission member shall be appointed for a term coinciding with his term on the Planning Commission and its citizen members shall be ap- pointed for two (2) year terms. The Zoning Administrator shall act as Secretary of the Board. The Mayor shall appoint the Chairman from the citizen members of the Board. Subdivision 2. Powers. The Board of Zoning Adjustment shall have power to hear appeals of administrative determinations from and to grant adjustments in and exceptions to any of the provisions of this Ordinance to the extent of the following and no further: 1. To consider applications for variances and modifications in any of the provisions of this Ordinance relating to: (a) height, yard, area and lot width and depth regulations; (b) sign regulations; (c) parking and loading regulations; (d) minimum floor area requirements. 2. The decision of the Board of Zoning Adjustments shall be final subject only to the right of any applicant or person affected by such decision to appeal such decision to the Council. Notice of such appeal must be filed with the Clerk - Administrator within a period of twenty (20) days from and after a copy of the Board's order has been mailed to the applicant at the address furnished by the applicant in his application. 3. The representative of the Planning Commission serving on the Board of Zoning Adjustments shall report to the Board any views of the Planning Commission which might affect the deci- sion of the Board. Upon the request of such representative the Board shall delay the issuance of its Order pending a review and report of the matter by the Planning Commission. Unless such a request is made, the Board shall make its Order and report thereon to the Council within 15 days from and after the date of the hearing, The Board of Zoning Adjustment shall not approve any application and the Council upon appeal shall not grant any application unless they find the following; 1. That because of the particular physical surroundings, shape, or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out; 2. That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification; 3. That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the parcel of land; 4. That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the parcel of land; 5. That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improve- ments in the neighborhood in which the parcel of land is located, and 6. That the proposed variation will not impair an adequate supply of Light and air to adjacent property, or substan- tially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. PSubdivision 3. Procedure. Application for any adjustment permissible under the provisions of this SECTION shall be made to the Zoning Administrator, in the form of a written application for a building permit or for a permit to use the property or premises as set forth in the application. An application for an adjustment shall be accompanied by payment of a fee of ten dollars ($10.00), in addition to the regular building permit fee, if any. Upon receipt of any application, such officer shall set a time and place for a hearing before the Board of Zoning Adjustment on such application. At least ten (10) days before the date of the hearing, a notice of the hearing shall be mailed to the applicant and to all other persons who, in the judgment of the Zoning Administrator may be affected by a decision of the Board. In granting any adjustment or variance under the provisions of this SECTION, the Board of Zoning Adjustment shall designate such conditions in connection therewith as will, in its opinion, secure substantially the objectives of the regulations or provision to which the adjustment or variance is granted, as to light, air, and the public health, safety, comfort, convenience and general welfare. In all cases in which adjustments or variances are granted under the provisions of this SECTION, the Board of Zoning Adjustment and the Village Council upon appeal shall require such evidence and guarantees as it may deem necessary to insure compliance with the conditions desig- nated in connection therewith." Section 2. Effective Date. This ordinance shall take effect upon its passage and publication. Adopted by the Village Council the 16th day of February, 1970. r'= Mayor if ATTEST: e r f;