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HomeMy WebLinkAboutTC Ord 1966-08-22 ORDINANCE NO. 62 AN ORDINANCE OF THE CITY OF TIBURON ESTABLISHING A BOARD OF ADJUSTMENT AND DEFINING ITS DUTIES The City Counci I of the City of Tiburon does ordain as fol lows: Section I. A Board of Adjustment is hereby establ ished. The word "Board" when used in this Ordinance shal I be construed to mean the Board of Zonfng Adjustment. Section 2. The Board shal I hear and decide appl ications tor use permits wher~ the zoniBg ordinances provide therefor and shal I establ ish criteria for deter- mining such matters. In addition, the Board shal I hear and decide al I appl ications for variances from the terms of the zoning ordinances. The Board shal I also bave the power: (a) To interprete the meaning of the zoning ordinances of the City of Tiburon when the meaning thereof is not clear and in such connection to re- quire a legal opinion by the City Attorney when deemed necessary or desirable. (b) To hear and decide appeals where it is alleged that there is error in any order, requirements, decision or determination made by the Bui Iding Inspector~: the Administrator of the Department of Lands and Improvements, or the City Clerk in the administration of zoning and building laws and regulations. (c) To adopt al I rqles and procedures necessary or convenient for the conduct of its business. Section 3. The Board shal I consist of three (3) members of the Planning Co~- mission of the City of Tiburon, to be appointed by the Chairman of the Planning Commission, The Chairman and Secretary of the Board shal I be selected by the members of the Board. The terms. of the Board members shal I be the same as, and run concurrently with, their terms as members of the Planning Commission. Section 4. Any property owner desiring to obtain a use permit, or a variance, shal I file an appl ication with the Secretary of the Board which shal I be in such form and shal I contain .such information as the Board may, from time to time, require. The Board may initiate a proceeding leading to the issuance of a permit by the Board. Section 5. In the event the Board should disapprove or impose conditions upon the approval of any appl icatlon for a use permit, or refuse to grant a variance, and in the event the appl icant shal I desire to challenge the action of the 80ard, -1- the appl icant may, within thirty (30) days after the date the decision of the Board is rendered, fi Ie with the City Clerk a, written appeal. In the event the Board should disapprove any appl ication for a use, or other, permit here- under, or impose any conditions upon the issuance thereof, and such appeal is not fi led within said thirty (30) day period, the action 6f the Board shal I be deemed final and the permit denied, or denied unless the conditions specified by the Board are agreed to by the appl icant, as the case may be. The City Counci I, at its next regular meeting which is not less than seven (7) days fol- lowing receipt by the City Clerk of an appeal hereunder, shal I hear such evidence as may be introduced concerning said appeal and make Its findings and decision thereon~ The findings,decision and action of the City Counci I shal I be final and conclusive. Section 6. In the event the Board approves the issuance, and notwithstanding any provisions hereinabove to the contrary, any two (2) counci Imen of the City of fiburoA may chal fenge the Board's action In granting the said use permit or variance by fil ing a written notice of appeal with the City Clerk, within thirty (30) days after the decision of the Board is rendered,. In such event, the City Counci I at its next regular meeting which is not less than seven (7) days fol- lowing receipt by the City Clerk of such appeal, shal I hear such evidence as may be introduced concerning said appeal and make its findings and decision there- on. The City Council shal I have authority to affirm, reverse or modify the action of the Board and the findings, decision and action of the City Counci I shal I be final and conclusive. In the event any appeal is not filed as pro- vided in this Section 6, the action of the Board in approving the issuance of a use permit, or the granting of a variance, shal I become final thirty (30) days after the Board has rendered its decision. Section 7. If any section, provision, sentence, clause or phrase of this Ordinance if, for any reason, declared to be inval id, such decision shal I not affect the val idity of the remaining sections, sentences, clauses or phrases of this Ordinance, it being the intent of the City Council of the City of Tiburon that this Ordinance shal I stand notwithstanding the inval idity of such section, sentence, clause or phrase. Section 8. This Ordinance is to take effect and be enforced at the expiration of thirty (30) days from and after its passage, and before the expiration of - ~2~. fifteen (15) days after its passage the same shal I be posted, with the names places in the City of Tiburon. of the members voting for and against the same, in at least three (3) publ ic PASSED AND ADOPTED at a regular meeting of the City Counci I of the City of AYES: Tiburon held on the 22nd day of August, 1966, by the fol lowing vote: NOES: Counci Imen: None Counci Imen: Drohan, Fanning, Strawbridge ABSENT: Counc i I men: Hoffm ire, ATTEST: ----- /} ..~ (~Y~~-L? ^~ LAWRENCE D. ROSE City Clerk Sta~~ JOHN HOFFMI E Mayor of the City -3-.. a -?