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HomeMy Public PortalAbout278CITY OF MEDINA Draft 3/9/94 ORDINANCE NO. 278 AN ORDINANCE AMENDING SECTIONS 825.31 AND 825.33 OF THE ZONING CODE RELATING TO THE BOARD OF ADJUSTMENTS AND APPEALS AND THE PLANNING COMMISSION The City Council of the City of Medina Ordains as follows: SECTION I: The Code of Ordinances of the City of Medina is amended by deleting the stricken materials and adding the underlined material as follows: 825.31. ^ a's aft the Board of Adjustments and Appeals. The Board of Adjustment and Appcalc shall be the City Council. The Board of Adjustment and r i including the interpretation of zoning maps, zoning regulations, and it shall hear and determine appealc from and review any order, requirements, decision, or determination made by an adminictrative official charged with enforcing „the :::seas hn57—t-lae-Bozcrel-ei--4-ju-rtfile3tt and Appeals 1 13t -1the ubd .': it. bliobi. .i3.t bp:gi*d ;cif ad ju €iiiaitA <ia,nci 1 o a aii ed The Ott c Ori a.� Ohall $000. as tlxe aoard +�#` dj04140tit aril fib .......................... Subd. '2. Powers: Z'le board oil: adjustments and appeals shall :Wing powers a) to hear and de,e1 e a .peals'' where it is alleged that them* is an:;: r. any order, r�equireitiot, decision or determination made bar the 20 admigistratar-or any other person in the enforcement of s grdi#artrce,:; arid. n6.sts; for 00406es Akan ; the lite i; iirji.klel4n instances where them strict ezx%r erde#t would corus ti;gl gW: hardship beeause of crr00111st Ices q e t ;the 'indi fd property under considerations i tv g 44. sOch *&riances only vuhexi. demonstrated that: suchactiau0 � 01 4. in; keeping with the spirit and intent of thisordiriance . "Uxidu.e h rds aiV.. as used in conne ari x1�?i(h granting of a variance means the pr6i)Oty in question cannO put tv a reasonable use j used u.z�cicr..0040#94.s allowed by 1-4 ca.1 _....... land use controls, the plight of h lando**Oi due to crr60:itst E t giAgO'totiie property nit created , and the`va 0r```:`' wanted will not alter the essential character of the 1044 onkinic conpidetitionsgtilone shall not constitute an undue`;lxax*�c r os�abi r i?or :lice ,property exists under the:; tare.. 11it © :410#tx. :: #440m4.040top also includes, but is go. �rri$dqu�a':sccess io d3reet sunlight for solar eh4rgy 'set RHB66179 ME230-5 Variances shall be'graned for earth sheltered construction, a by statute, wh,, n. n'harmony with this ordinance. The os tl permit as a variance ay use that is not permitted under t 'ar property in the zone where the affected persons laic The board may impose conditions inthe granting of varianoeii o ns tire compliance rind to ,protect adjacent % properties Subd. 3. Staff liaisti ti '''Tbe zoning administrator shall serve as s' to the board of adjustments .anal appeals . The zoning administrator s# p` ep re orts and informatio 3 stir:: the boe.r'd, and may attend its meetiri t Ltd ? ip ttc rg or' dx4i`>1y<::teacaxd but shall not votez Amyefeifii i` ;PtcedrSten t ::::; i d ap otters ae are it at p as to pions cb notice as is rq ::» ordrn riire . The bo d shad mat lts d elsit n `within a maw% ..... gull serve a copy of its order upon>the appellant or petitioner by may establish procedures for the conduct of proceedings: before it The board al vide for a record of; its proceedings which sha.I include the Mel gs, its findings and the aetlan taken on each matter heard by it, in final order. The beard shaft ma a no decision on an appeal or petition i'er until the planning coM111144oi'i 1ias had a reasonable opportunity, not t+ days, to review and report t4 .the board regarding the appeal or petition. 825.33. Planning Commission. Subd. 1. The Modina city--Connei Ghal pro '" the ectablichment of a Planning Commission. The commiccion shall consist of nine for the last three (3) ycarc . Each member shall have the right to vote on all matter& boforo -the-e T c nine eit zo momberc shall be appointed by the City citizens who arc members of the eemfaissien en the effective date of this Ordinance term of which they were originally appointed. Any citizen may be removed by two- thirdc (2 / 3) vote of the City Council Estab11shment . A p aniiliig eammisslon of 'n1ne r 1a x is a tabttshed :arid sbal� hstitute the plannin bens i the lanning mmisslon s rall.be persons who have resided In th e c three yds. i.mmetely preceding appointment Nleixtbers shall be ap ty eou[nel1� 1 all.aerve eta. re 1 terms cif three years grid; toy be a ov e of two-tkii .s oof the .1. city eau xcil, No person shad nerve more:;t a i Eire years on the plarrniln.g comiission. Any person 'he has s may b appQ nto i again a 'ter an interruption; n service ai pne; year;. Subd. 2. T Planni -aC chair r ido ct cot t o Modina City Council and Zoning Administrator in the administration of this Ordinance and hold public hearings, and make recommendations to the City Council on all application& for zoning amendments and conditional ucc permits using the criteria in thin Ordinance. Powers and Duties The fanning commission shall have Sul h pc wens hd ut ea a ma b : c i erred: upon t y statute or ordinance .:All of t e: nlr n xie i ds. not o shall be iris ► to the city council.. rs:l such officers as it ?' Maws or operational Vitro t��s fc�r oramteeion,' may fr e planning comm7.5sio1..ta s businessThe byla r RHB66 17 9 ME230-5 Erxanrwes shall be granted for:**earthsted;e ,, statute, when in harmony th i s ordins ee. brie Par :erznit as a variance any use that s nOt permitted under tlbis o.::::::...A„::„....:::::::::: e or` property in the zone where this affected erson's land is ;1 a e xe board may impose conditions ix the • ant ug•of variances tc insure Hance and to protect adjacent; prtper. gitibtt. 3. Stiff l a dn'. The zoning adtrt str; tnr s K 1 serve as staff 1 i t© the board of adjigstments and appeals. Tlxe vxxtx admknis rator. it x its and information for the board, and ma atte its :meetings ari ::....t rings or discusOions held by tale beard b at; R t:>l t<vote ran any. P4r4. Subd. •Proeedt s •:. The board of adjustments and appe€!is shy: aLt • .matters before it at a pcubhe n eoting upon such notice as is regnit+e fit` this ordinance . The 1o€rd:sh make its decision within a reason shall serve a copy of its order upon the appellant or petitioner by tt€il. may establish procedures for the conduct of proceedings before it. The'board ~fin ide Vicar a record of its proceedings winch shall �nhiucie-the-, les: stings; ita fridiixgs and the action taken on each matter 'be board shall make no decisiox an appeal or p otion:; t p tl the p1 it Ccfmmission has had a reasc 'b1e opportunity, not tole....c tads, tc:.iw:nd: wort to the board regarding the appial ar petition 825.33. Planning Commission. Subd. 1. 'TThe M e C + C ei "hall p ovido-for the establishment of a Planning Commission. Thc commission shall consist of nine for the last three (3) yea.rc . Each member shall have the right to vote on all matter& bof-e-re. Tho ninon? members shall be appointed by the City Council. Each citizen mcmbcr chall be appointed for a term of three (3) years. The citizens who arc members of the commic, i he effective date of thic Ordinance chall continue to be and act ac members of the commission until the expiration of the term of which thcy were originally appointed. Any citizen maybe removed by two- thirdc (2/3) votc of the City Council Establishment . A iiiiin ing com riiasi rt xf members is 'esbiis tatied and shaltiiiiiiOnsatitute the plan �ni g agent cif the ci• ty:�_ embers of the planning commission. shall be persons who have reside. •sthree yearm s nediately t.preceding'. appointment . Members sbL the city oouncilx shallserve staggered to s> of three years: and y 1 e mover by vote oft »thirds ofthe fizil xt iau cil, 'No person shad serve ono tha• : nine nsacut ve yes• on the planriing eommi lion. ,oAny per a . ho h sere ' consecutive years may be appointed again;after an iriie ption in se vxee a apt :9 gear :'. Subd. 2. Thc Planning Commission shall provide assistance to the Medina City Council and Zoning Administrator in the adminictration of thic Ordinance and hold public hea.ringc, and make recommendations to thc City Council on all application& for zoning amcndmcntc and conditional ucc .permits using thc criteria in thin Ors o ens::and iltzties. The planri +cctimm lion shall hive such powers a i duties as way„be `0. ferred' upon it by statute or ordina xc eom clone setions shall be advisory to ,'the city council.'. members such officers:>as .t. may adopt bylaws or op ft.... prim ............................................................................ sn rnrig. commission may el riate, The plannin duct of ;its busirne RHB66 17 9 ME2 30 - 5 or operational pro4 deems appropriate II..ttb d 4. 5f"I€san . The, zoning administrator shall ser ve `tfrrnation for theVita010. ar. ngs and dzseu4s1ons ... :etdre the planningmio ' eon ssOi.; :4. p. such matters as the plazaiit te r `list with any ordinance :' ta: as sue he 'zoning administrator shall prepare re ,ssion, and may attend its meetings an .the commission but shall not Irk Subs,., 5. Recammendiitiiohs. The planning h eattd tivns to the y:> ec unez on' items before' it within a real ► time as' is prescrieid by statute or ortlance . Farl bit <tli russ on to make a recotxmendat w thin the required period sih a dee e e ,derill n1ess the delay is a:greel to by the'apphant The ;planning trnission . cou t ou ? h a is i ear toe et the x tent © e d t l :;e th sir T 1 nin .: ti lion shall ccom ez ent of its findings regard ng, f Subd. 6 CT:he city council may adopt, mode omn-endations of the tiltinhing commission by vote of a simple present, unless otherwise req ured:.by statute or ordinance. SECTION II: This ordinance shall become effective upon its adoption and publication. Adopted by the City Council of the City of Medina this 19th day of April , 1994. ATTEST: Anne E. Theis, Mayor a son, �" Cle k-Treasurer Published in the Weekly News this 28th day of April , 1994. RHB66179 ME230-5