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Session Laws, 1971
Volume 707, Page 2096   View pdf image
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2096                                Municipal Charters

performance of their functions, may enter upon any land and make ex-
aminations and surveys and place and maintain necessary monuments and
marks thereon. In general, the Commission shall have such powers as
may be necessary to enable it to fulfill its functions, promote municipal
planning, or carry out the purposes of this Section 21.

i. (1) For the purpose of promoting health, safety, morals or the
general welfare of the City, the 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 purposes.

(2)    For any or all of said purposes the Council may divide the City
into districts of such number, shape and area as may be deemed best suited
to carry out the purposes of this Section 21, and within such districts it
may regulate and restrict the erection, construction, reconstruction, altera-
tion, repair or use of buildings, structures or land. All such regulations
shall be uniform for each class or kind of building throughout each
district, but the regulations in one district may differ from those in other
districts.

(3)    Such regulations shall be made in accordance with a compre-
hensive 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 over-
crowding 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 rea-
sonable consideration, among other things, to the character of the district
and its peculiar suitability for particular uses, and with a view to con-
serving the value of buildings and encouraging the most appropriate use of
land throughout the City.

(4)    The Council shall provide for the manner in which such regula-
tions and restrictions and the boundaries of such districts shall be deter-
mined, established and enforced, and from time to time amended, supple-
mented, 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 (15) days' notice of the time and place of such hearing
shall be published in a paper of general circulation in the City.

(5)    Such regulations, restrictions and boundaries may from time
to time be amended, supplanted, changed, modified or repealed. The fore-
going provisions relative to public hearings and official notice shall apply
equally to all changes or amendments.

j. (1) The Council may provide for the appointment of a Board of
Appeals, and in the regulations and restrictions adopted pursuant to the
authority of this Section 21 may provide that the said Board of Appeals
may grant variances and special exceptions and hear appeals in accordance
with such regulations.

(2) The Board of Appeals shall consist of five members, of whom one
may, but need not be a member of the Council. The term of each member
shall be four years unless some different term shall be fixed by the Council
at the time of appointment. The members of the Board shall be appointed

 

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Session Laws, 1971
Volume 707, Page 2096   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


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