Loading...
BOARD OF APPEALS: POWERS AND DUTIES
The Board of Appeals shall have the following powers and duties:
(A) Administrative Review. To hear and decide appeals where it is allege there is error in any order, requirement, decision or determination made by the officials of the City in the enforcement of this ordinance.
(B) Variances: Conditions Governing Applications; Procedures. To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. The non-conforming use of neighboring lands, structures, or buildings in the same district, or permitted or nonconforming use of lands, structures or buildings in other districts shall not be considered grounds for issuance of a variance. A variance from the terms of this ordinance shall not be granted by the Board of Appeals unless and until:
(1) A written application for a variance is submitted, on forms obtained from the City Clerk, demonstrating:
(a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to the other lands, structures, or buildings in the same district.
(b) That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance.
(c) That the special conditions and circumstances do not result from the actions of the applicant.
(d) That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district.
(2) Notice shall be given not less than 15 nor more than 30 days in advance of the public hearing. The petitioner, his agent, or attorney shall cause such notice to be given in each of the following ways:
(a) The owner of the property for which the proposed variance is sought, or his agent, shall be notified by mail as to the time, date and place of public hearing, unless said owner is applicant.
(b) Notice of such hearing indicating the date, time and place, the legal description and common street address or the Real Estate Tax Parcel Index Number (PIN) of the property for which the proposed variance is sought, and nature of the proposed variance shall be printed in a newspaper of general circulation within Mt. Vernon.
(c) Notice of such hearing indicating the date, time, place the legal description and common street address or the Real Estate Tax Parcel Index Number (PIN) of the property for which the proposed variance is sought, and nature of the proposed variance, shall be posted at the City Hall and in a prominent place on the property for which the proposed variance is sought.
(d) The notice required herein to be posted upon the property affected shall be in the following form:
1. The basic form of notice shall be furnished by the City, shall be a metal or other permanent sign with the main panel thereof being not less than 18 inches by 24 inches in bold black or other conspicuous color. Such a sign shall remain the property of the City. The petitioner shall pay to the City in cash or by check a deposit of $50 which shall be refunded after the hearing and after the petitioner shall return the metal sign to the City. In the event the petitioner shall not return the metal sign, then the petitioner shall forfeit the deposit; and in addition, the Zoning Board of Appeals and/or the City Council may delay its final decision upon the application until return of the sign.
2. The notice shall bear the legend, PROPOSED ZONING CHANGE AND/OR CONDITIONAL USE THIS PROPERTY and also shall have printed thereon the words, “FOR INFORMATION PHONE 618/242-5000.” The notice which is published shall be typed and shall further have a plastic cover to protect such a notice from the weather.
3. The notice shall be posted so as to be conspicuous and visible from the road or street nearest the principal structure on the property and if there is no structure, then from the principal road or street adjacent thereto. If the lot is a corner lot or through lot as defined by the Zoning Ordinance of the City of Mt. Vernon, then such a notice shall be posted on each side of the lot facing the street or road. In no event shall the notice be posted more than 10 feet or less than 5 feet from each such street or road.
(e) Proof that each of the notices required herein has been given, shall be provided by the petitioner by delivering an authentic certificate of publication of the notice published in a newspaper of general circulation and providing a certificate of posting and mailing as to the other notices required herein.
(f) Each notice shall use not only the zoning classification by number, but also by common designation for describing the current zoning and also the description of the variance requested.
(3) The public hearing shall be held. Any party may appear in person or by agent or by attorney.
(4) The Board of Appeals shall make findings that the requirements of subsection (B)(1) of this ordinance have been met by the applicant for a variance.
(5) The Board of Appeals shall further make a finding that the reason set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.
(6) The Board of Appeals shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
(C) Special Conditions for Variance.
(1) In granting any variance, the Board of Appeals may prescribe appropriate conditions and safeguards when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance and punishable under Chapter 10 of the Revised Code of Ordinances.
(2) Under no circumstances shall the Board of Appeals grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance in said district.
(D) Board Has Power of Administrative Official on Appeals.
(1) In exercising the above mentioned powers the Board of Appeals may, so long as such action is in conformity with the terms of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may modify the order, requirement, decision, or determination as ought to be appealed and to that end shall have the powers of the administrative official from whom the appeal is taken.
(2) The concurring vote of five members of the Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of the administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass this ordinance, or to effect any variation in the application of this ordinance.
(Prior Code, Art. 21, § 21-112)
ZONING AND PLANNING COMMISSION: POWER AND DUTIES FOR
CONDITIONAL USE
CONDITIONAL USE
The Zoning and Planning Commission established by §§ 161.105 through 161.109 and by §§ 155.01 through 155.07 of the Revised Code of Ordinances shall perform the duties of the Planning Commission as hereinafter set forth. The duties of the Planning Commission shall include hearing and recommending such conditional uses indicated in the Schedule of District Regulations to the City Council and deciding such questions as are involved in determining whether conditional uses should be granted and recommending conditional uses for such conditions and safeguards as are appropriate under this Ordinance or recommending denial of conditional uses when not in harmony with the purpose and intent of this Ordinance. Wherever the term “Planning Commission” is used herein it shall mean the Zoning and Planning Commission.
(Prior Code, Art. 21, § 21-113)
A conditional use shall not be recommended by the Planning Commission unless and until:
(A) A written application for a conditional use is submitted, indicating the section of this ordinance under which the conditional use is sought and stating the grounds on which it is requested. Application shall be made on forms obtained from the City Clerk.
(B) Notice shall be given not less than 15 nor more than 30 days in advance of the public hearing. Where the petitioner is the City of Mt. Vernon, the City Manager for the City of Mt. Vernon or the Chairman of the Industrial Commission of the City of Mt. Vernon and the property affected by the requested conditional use exceeds 60 acres, notice of such hearing indicating the date, time, and place, legal description or Real Estate Tax Parcel Index Numbers (PIN) of the property for which conditional use is sought and nature of the proposed conditional use shall be printed in a newspaper of general circulation within Mt. Vernon. In all other cases, the petitioner, his agent, or attorney shall cause such notice to be given in each of the following ways:
(1) The owner of the property for which the conditional use is sought, or his agent, shall be notified by mail as to the time, date and place of public hearing;
(2) Notice of such hearing indicating the date, time and place, the legal description and common street address or the Real Estate Tax Parcel Index Number (PIN) of the property for which the proposed conditional use is sought, and nature of the proposed conditional use, shall be printed in a newspaper of general circulation within Mt. Vernon;
(3) Notice of such hearing indicating the date, time, place, the legal description and common street address or the Real Estate Tax Parcel Index Number (PIN) of the property for which the proposed conditional use is sought, and nature of the proposed conditional use, shall be posted at the City Hall and in a prominent place on the property for which the conditional use is sought;
(4) The notice required herein to be posted upon the property affected shall be in the following form:
(a) The basic form of notice shall be furnished by the City, shall be a metal or other permanent sign with the main panel thereof being not less than 18 inches by 24 inches in bold black or other conspicuous color. Such sign shall remain the property of the City. The petitioner shall pay to the City in cash or by check a deposit of $50 which shall be refunded after the hearing and after the petitioner shall return the metal sign to the City. In the event the petitioner shall not return the metal sign, then the petitioner shall forfeit the deposit; and in addition, the City Council may delay its final decision upon the application until return of the sign.
(b) The notice shall bear the legend, “PROPOSED ZONING CHANGE AND/OR CONDITIONAL USE THIS PROPERTY”, and also shall have printed thereon the words, “FOR INFORMATION PHONE 618/242-5000”. The notice shall further have affixed thereto a copy of the notice which is published which shall be typed and shall further have a plastic cover to protect such notice from the weather.
(c) The notice shall be posted so as to be conspicuous and visible from the road or street nearest the principle structure on the property and if there is no structure, then from the principle road or street adjacent thereto. If the lot is a corner lot or through lot as defined by the Zoning Ordinance of the City of Mt. Vernon, then such notice shall be posted on each side of the lot facing the street or road. In no event shall the notice be posted more than 10 feet nor less than 5 feet from each such street or road.
(5) Proof that each of the notices required herein has been given shall be provided by the petitioner by delivering an authentic certificate of publication of the notice published in a newspaper of general circulation and providing a verified certificate of posting and mailing as to the other notices required herein.
(6) Each notice shall use not only the zoning classification by number, but also the relief requested. An example is, “To amend the Zoning Classification from R-1, Low Density Residential District to B-2, Secondary Business District”.
(C) The public hearing shall be held. Any party may appear in person, or by agent or Attorney.
(Prior Code, Art. 21, § 21-113.1)
(A) The Planning Commission shall make a finding that is empowered under the section of this ordinance described in the application, to recommend to the City Council the conditional use and that the granting of the conditional use will not adversely affect the public interest.
(B) Before any conditional use permit shall be recommended to the City Council, the Planning Commission shall make written findings certifying compliance with the specific requirements governing individual conditional uses, if any, and that satisfactory provision and arrangement has been made concerning the following, where applicable:
(1) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.
(2) Off-street parking and loading areas where required, with particular attention to the items in (B)(1) above and the economic, noise, glare or odor effects of the conditional use or adjoining properties and properties generally in the district.
(3) Refuse and service areas, with particular reference to the items in (B)(1) and (B)(2) above.
(4) Utilities, with reference to locations, availability and compatibility.
(5) Screening and buffering; with reference to type, dimensions, and character.
(6) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district.
(7) Required yards and other open space.
(8) General, compatibility with adjacent properties and other property in the district.
(Prior Code, Art. 21, § 21-113.2)
Loading...