For the purpose of promoting health, safety, morals, or the general welfare of the community, Council is hereby empowered to regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence or other purpose.
District. For any or all such purposes the Council may divide the Municipality into districts of such number, shape and area as may be deemed best suited to carry out the purpose of this article; and within such districts it may regulate, and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures, or land. All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts.
Purposes in view. Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Such regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such Municipality.
Method of procedure. The Council shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established, and enforced, and from time to time amended, supplemented, or changed. However, no such regulation, restriction, or boundary shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen days' notice of the time and place of such hearing shall be published, in an official paper, or a paper of general circulation, in such Municipality.
Changes. Such regulations, restrictions, and boundaries, may from time to time be amended, supplemented, changed, modified, or repealed. In case, however, of a protest against such change, signed by the owners of twenty percent or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending one hundred feet therefrom or of those directly opposite thereto extending one hundred feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the Council of such Municipality. The provisions of the previous section relative to public hearings and official notice shall apply equally to all changes or amendments.
Zoning Commission. In order to avail itself of the zoning powers conferred by this article, the Council shall appoint a commission, consisting of freeholders of the Municipality, to be known as the Zoning Commission, to recommend the boudaries of the various original districts and appropriate regulations to be enforced therein. Such Commission shall make a preliminary report and hold public hearings thereon before submitting its final report and Council shall not hold its public hearings or take action until it has received the final report of such Commission. Where a municipal planning commission already exists, it may be appointed as the Zoning Commission. The members of the Commission shall serve without compensation.
Board of adjustment. The Council may provide for the appointment of a Board of Adjustment, and in the regulations and restrictions adopted pursuant to the authority of this article may provide that the said Board of Adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the ordinance in harmony with its general purpose and intent and in accordance with general or specific rules
therein contained.
The Board of Adjustment shall consist of five members each to be appointed for a term of three years and removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.
The Board shall adopt rules in accordance with the provisions of an ordinance adopted pursuant to this article. Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.
Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the Municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.
The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.
The Board of Adjustment shall have the following powers:
(a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this article or of any ordinance adopted pursuant thereto;
(b) To hear and decide special exceptions to the terms of the ordinance upon which such Board is required to pass under such ordinance;
(c) To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest; where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.
In exercising the above mentioned powers such Board may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination as ought to-be made, and to that end shall have all the powers of the officer from whom the appeal is taken.
The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon whch it is required to pass under any such ordinance, or to effect any variation in such ordinance.
Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board, or bureau of the Municipality, may present to a circuit court of the County, a petition, duly verified setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the Board.
Upon the presentation of such petition the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the realtor's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board and on due cause shown, grant a restraining order.
The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
If upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
Costs shall not be allowed against the Board unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed from.
Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this article or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the Municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure or land, or to prevent any illegal act, conduct business, or use in or about such premises.
Conflict with other laws. Wherever the regulations made under authority of this article require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in any other statute or local ordinance or regulation, the provisions of the regulations made under autority of this article shall govern. Wherever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the regulations made under authority of this article, the provisions of such statute or local ordinance or regulation shall govern.
Municipal Planning Commission - Appointment. The Council is hereby authorized to appoint a Municipal Planning Commission.
Same - Compensation. The Municipal Planning Commission shall consist of not less than five citizens, all of whom shall be taxpayers and residents, who shall be nominated by the Mayor and confirmed by the Council of the town. The members of the Commission first appointed shall serve respectively for terms of one year, two years and three years, divided equally or as nearly equally as possible between these terms. Thereafter members shall be appointed for terms of three years each. Vacancies shall be filled by appointment for the unex-pired term only. Members of the Commission shall serve without compensation.
Same - Duties. The duties of the Commision shall be to prepare plans for the development of the whole or any portion of the Municipality and of any land outside of the Municipality which, in the opinion of the Commission, bears relation to the planning of the Municipality; provided, however, that the power of the Municipal Planning Commission shall not extend beyond the territorial limits of the Municipality except so far as is reasonably necessary to protect the community, both within and without the corporate limits, against the inadequate streets, highways, and sewers and inadequately planned and zoned territory, provided, further, that when two or more municipal corporations in close proximity might otherwise have conflicting jurisdiction under this section, the first municipal corporation to exercise such extraterritorial jurisdiction shall thereby acquire exclusive jurisdiction over such territory.
Such plans shall show recommendations for new streets, bridges, parks, parkways, playgrounds and any other public areas or public improvements. Whenever the Commission shall have agreed upon a plan for the development of the Municipality or any portion thereof, such plan or plans shall be submitted to the Mayor and Council for their consideration and action.
Before the final action shall be taken by any municipality or department thereof on the location and design of any public building, public memorial, street, park, parkway, playground or other public area, such question shall be submitted to the Municipal Planning Commission for investigation and report.
Plans of land and streets to be submitted to Commission and approved by Mayor and Council. All plans, plats, or replats of land laid out in building lots, and the streets intended to be dedicated to public use, shall be submitted to the Municipal Planning Commission for their consideration and no such plat or replat shall be filed in the office of the clerk of the county court, as provided by law in other cases, until such plat or replat shall have endorsed upon it the fact that it has first been submitted to the Municipal Planning Commission, and by the Municipal Planning Commission to the Mayor and Council and by the Mayor and Council duly approved.
Commission may employ help; expenses. The Municipal Planning Commission shall have the power and authority to employ engineers and clerks, and/or any other help necessary, and to meet such expenses the Municipal Planning Commission shall submit to the Mayor and Council its budget for each fiscal year, itemizing expenses and amounts, and the purpose. The Council shall thereupon consider such budget and make such allowances to the Municipal Planning Commission as it shall deem proper.