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HomeMy WebLinkAboutTC Ord 1966-10-24 ORDINANCE NO. 67 AN OP~INANCE OF THE CITY OF TIBURON ESTABLISHING A BOARD OF D.2:S IGN REVIEH AND DEFINING ITS DUTIES The City Council. of the City of Tiburon does ordain as fOllows: Section 1. A Board of Design Review is hereby established. The word "Board,f when used in this ordinance shall be construed to mean the Board of Design Review. Section 2. The Board shall hear and decide applications for permits and approvals for signs, design, arch~tectur7 an~ private master and development plans, and shall establ~sh cr~ter~a for deter- mining such matters. Provided, however, tha~ in such cases, and under such circUID~tances, as it shall deem appropr1ate, ~he ~oard ma~ c7r- t1fy private master and development plans to the Plann1ng Comm1s~1on for decision and other appropriate action thereon as may be prov1ded by law. The Board shall also have the power: (a) To interpret the meaning of the zoning ordinance of the City of Tiburon when the meaning thereof is not clear and in such connection to require 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 Building Inspector, the Development Administrator, the City Manager or the City Clerk in the administration of zoning and building laws and regulations. (c) To adopt all rules and procedures necessary or con- venient for the conduct of its business. Section 3. The Board shall consist of three (3) members of the Plann1ng Commission of the City of Tiburon, to be appointed by the Chairman of the Planning Commission. The Chairman and the Secre- tary of the Board shall be selected by the members of the Board. The terms of the Board members shall 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 pe~it or approval or any sign, private master plan, private development plan, or any matter involving design or architecture where such permit or approval is required, shall file an application with the Secretary of the Board which shall be in such form and shall contain such informa- tion as the Board may, from time to time, require. Approval of private master plans shall require three (3) affirmative votes. The Board may initiate a proceeding leading to the issuance of a permit by the Board. Section 5. In the event that the Board should disapprove or impose cond1t1ons 'upon the approval of any application filed under the p!Ovisions of this ordinance, and in the event that the applicant Shall desire to challenge the action of the Board, the applicant may, within thirty (30) days after the date of the decision of the Board is rendered, file with the City Clerk a written appeal. The City Council, ~t ~ts next. regular meeting which is not less than seven (7) days fol- low1ng rece1pt by the City Clerk of an appeal hereunder, shall 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 Council shall be final and conclusive. In the event that a written appeal is not filed as provided in this and the ~ediately following section, the action of the Board shall be deemed final and conclusive thirty (30) days after the Board has rendered its decision. 1. 10/13/66 Section 6. In the event the Board approves any application filed under the provisions of this ordinance, and notwithstanding any provisions hereinabove to the contrary, any two (2) CounciLmen of the City of Tiburon, or any five (5) property owners, may challenge the Board's action in approving said application, by filing a written no- tice of appeal with the City Clerk, within thirty (30) days after the decision of the Board is rendered. In such event, the City Council at its next reg~lar meeting~which is not less than seven (7) days fol- lowing receipt by the City Clerk of said appeal, shall hear such evi- dence as may be introduced concerning said appeal and make its find- ings and decision thereon. The City Council shall have authority to affirm, reverse or modify the action of the Board and the findings, decision and action of the City Council shall be final and conclusive. The City Council may refer or remand any appeal before it under this or the preceding Section to the Planning Commission for study and report. Section 7. If any section, provision, sentence, clause or phrase ot this ordinance is, for any reason, declared to be invalid, such decision shall not affect the validity 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 shall stand notwithstanding the invalidity of such section, sentence, clause or phrase. Section 8. This ordinance is to take effect and be in force at the exp~rat~on of thirty (30) days from and after its passage, and before the expiration of fifteen (15) days after its passage .the same shall be published, with the names of the members voting for and against the same, at least once in a newspaper of general circulation published in the City of Tiburon. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tlouron held on ~ October , 1966, by the follow- ing vote: AYES : NOES : ABSBNT: Councilmen: Bremer, Fanning, Hoffmire, Strawbridge Councilmen: None Counci lInen: Drohan ATTEST: ') ,. /~~~ n'-;"N ED. R uE,- ty Clerk 10/13/66 2.