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.
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