HomeMy WebLinkAboutOrdinance 531 N.C.S. 12/01/19581
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OItDIiIAMCE', NO., 531 N. C'. S. buildings, and/or uses: in the same
district, and
Introduced by Councllman.NORMAN 2 That the gi of the appli-
P. VAN :BEBBER cation is necessary for the pieser-
Seconded by Councilman MARINO vatio,n and enjoyment of substantial'
P. CRINELLA property rights of the. petitioner•, and
3. -That the granting of such, appl-
AN ORDIN ANCE AMENDING SEC- cation will not finder. the cireum-
TION 204 OF THE .UNIFORM, BUILD- stances of the:paiticiilar case, mater -
ING CODE. 1958 EDITION, WHICH laliv aff ct adversely -the h altli or
WAS ADOPTED BY .REFEP.ENCE safety of persons residing or wor
BY ORDINANCE ISO 511 N. C. S., in the' nctghbb`rhb6d of the property
TO $ROV,IDE THE CITY`'COUNCIL of the` applicant and twill irgt; L:adcr
TO BE A BOARD ; OF - APPEAL'S the �Eircumstancesi o£ 'the particular
AND TO' PROVIDE A PROCEDURE case. ,li materially detrimental to the
WHEREBY THE • CITY COUNCIL
� public welfare, or be injurious to
MAY GRANT h�ARIANCES FROM proper=ty or iiiproveni its in said
THE P.EQUIREMENTS4 OF THE neighborhood be inconsistent with -
i., _ CODE: the spirit and 'gener='al purpose of this
code.
BE IT ORDAINED BY THE COUN- 4. The Director of Public W rks
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CIL O ' THE CITY O_ F P ETALUMA of his duly authoxrzed.,
AS FOLLOWS: shall, dx. miii_e` Ina - apcation "and
Section 1. That Section 204 of Trail', subu.it to tlie' "City • G?uncil, in:
Uniform Building Code, 1958 Edit on writing his, opinion and recoinmen=
which was adopted by re_feience.`by dat10us as 'to the r&4uest with his
Ordinance No. 513 N. C. Si, tie acid asons therefor. - -
the same is hereby amended' to read 5:, The Cit- .; Council- -shall - hear the
as follows: va iance application ins open Council
"Section 204a: BOARD OF AP- meetrji at the next ineet 1. EALS in2 Nithe hrch i held after the filing, of
nu application ,
In order to deter
ne suitability of al be not le which public heanng
hl s than= five (5) days
alternate materials and types of con- If' -11 om the date, of the filing of the ap-
struc ion and to provide for reason- plication. Notice of the hearing shall
able mter`pretations of the provisions be given by postni of the e in
of this code there shall, be and is the Citv Hall and by letter to the
hereby created. a Board of Appe alg applicant at least ffir ee (3) days prior
who shall have and are hereby desig to such hearing':
na
ted as the City .Council of the City g, At the conclusion- of'the hearing
of Petaluma She City Council 'when the City Council sliail make a finding
sitting as ,a Board of Appeals under, of fact showing w hethei or not the
this eation 201a shall adopt reason- qualifications unnder 'scibsections 1, 2
able rules and regulations, when con- and 3• of 'section. 204c appl - v' to the
ducting its investigations and shall bdildin fox �,vbich variance is sc !ght
render all decisions a7 finclin s '.in ,and .whether o not, the variance will
writing to the building ,official with be in harmony, v ith the general pUr-
a duplicate copy to the appellant poses of tli s' code. The City Councit,
Section 20 ]b. VARIANCE. in its findings, antsy designate such
The City Council'inay' vdhere, pnc conditions in connection with the
� tidal difficulties, . unnecessary hard ranting of a variance a s it aeeins
ships and results inconsistent with,the necessary to se cure the purposes of
general purpose of this code may re his ord and may i quire guar-
suit from the strict applicationof, antee nd evidence that such condi-
certain provisions thereof . grant tions ar being complied with.
variances as hereinafter provided. 7. The City Council shall make its
Section 2046: 'VARLANCE 'PROCED- decision within thirty' (30) clays after
U RE. its public hearing
Application for variance ishall be Ord6 d published this 17th day of
inade in writing on a v
form prescribed No ember, 1958. .
by the City Council an_ cf shall, be ac A -YES: Councilmen- Crinella, Ellis,
companied' 'ay a fee of, - $10.08 'and Gustafson, Van Beliber, and Mayor.
{ statement, plans and evidence show Par "efit
n_g NOES. Councihnhn 'Matzen.
1 Thatr there are exceptional ,or r�BSFNT: Councilman Xing.
extraordinary crrc}ipistahces of 66 . ARTHLiR. W PARENT
tions applying to the land, building Mayor
or use referred to in the applica Attest:
tion which eircun stances of condi GLADYS R. WALLIN
lions do :riot apply generally- -to land, I City 'Cleric
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I hereby -, certify that the within ordinance was published in full once
in the - Petaluma A'rgus- Courier, a daily paper of general circulation, pub-
lished within the.C! -ty Petaluma, to -wit `November 22,. 195.8, and that the
said Petaluma Argus- Courier is the official newspaper of the. City of
Petaluma,
i he ; reby ter -tify that the whole number of: members of 'the Council of
the City of 'Petaluma is! 'seven, •:and that the, foregoing ordinance; was passed
by -the .Council at its meeting of the l st day of December,. 1958, by the
following vote, to =wit:
AYES:. Councilmen Crinella, Ellis, Gustafson, King, Van Bebber and
:Mayor Parent.
NOES: Couneiman Matzen.,
ABSENT: None.
ATTEST: "
(SEAL) City 'Clerk
The foregoing Ordinance Number. 531N. C. S. having been regularly .
passed and'presented to me this Ls,t day of December, `1958, is hereby
approved by me, this 1st day of December, 1958..
EFFECTIVE DATE; December 31, 1
ayor
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