Ravenswood City Zoning Code

16.12.160 Procedures

And Required Permits

For all uses permitted in any district the Building Inspector or other agent of the Municipality responsible for the issuing of building, electrical, plumbing, grading, excavating, or any other required permits shall, prior to issuing said permit or permits, obtain written approval in the form of an approving written statement from the Secretary of the Planning Commission who shall determine whether the proposed building or uses are in conformity with the terms and conditions of this Ordinance. Said Secretary shall either approve the issuing of the permit, by approving the use or building, or shall notify the Building Inspector or his agent and, if convenient, the applicant, as to the necessary procedure to be followed in obtaining the necessary Conditional Use or other permit.
Conditional Use Permits: A Conditional Use Permit shall be required for all uses listed as conditional uses in the District Regulations, or elsewhere in this Ordinance. In considering an application for a conditional use, the Commission shall give due regard to the nature and condition of all adjacent uses and structures; and in authorizing a conditional use, the Commission may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to those expressly stipulated in this Ordinance for the particular use, as they may deem necessary for the protection of adjacent properties and the public interest.
1. In order to partially defray the costs of Planning Commission administration of this Ordinance, the following fees, except as otherwise established by this Ordinance, shall be paid by the applicant for Use Permits:
  For non-profit groups……..........................................................................……. $10.00 For business of all types…….......................................................................…. $20.00 For public agencies and for areas located outside the Town limit … None
Planned Unit Development Approval: For the purpose of encouraging and allowing diversification in the relationships of various buildings, structures, and open spaces in planned building groups and the allowable heights of said buildings and structures, while insuring substantial compliance to the District Regulations and other provisions of this Ordinance, an in order that the intent of this Ordinance in requiring adequate standards related to the public health, safety, the general welfare shall be observed, without unduly inhibiting the advantages of modern large-scale site planning for residential, commercial, or industrial purposes, the Commission shall have the authority to grant a Conditional Use Permit for such a development, and in doing so may alter the strict requirements of this Ordinance. Where use is made of the planned unit development process, as provided in this section, a Building or any other Permit shall not be issued for such development or part thereof, until the Planning Commission has approved said development as herein provided.
No application shall be made for an area of less than one (1) acre for any proposed use.
No application shall be accepted for a use which will require change of Land Use District, unless said application is accompanied by an application for a Land Use Regulation Amendment, as provided in RMC 16.12.180.
1. Application shall be accompanied by a general development plan showing the use or uses, dimensions and locations of proposed structures and of areas to be reserved for vehicular and pedestrian circulation, parking, public uses such as schools and playgrounds, landscaping, and other open spaces, and architectural drawings and sketches demonstrating the design and character of the proposed uses and the physical relationship of the uses. Such other pertinent information shall be included as may be necessary to a determination that the contemplated arrangement or use makes it desirable to apply regulations and requirements differing from those ordinarily applicable under this Ordinance.
2. Application shall be accompanied by a fee of fifty (50) dollars, plus five (5) dollars per acre for each acre by which said development exceeds two (2) acres.
3. No public hearing need be held, provided that no change of district is required; and a hearing may be held by the Planning Commission when it deems such hearing to be necessary in the public interest.
4. In order to grant a Conditional Use Permit for a planned unit development, the Commission shall find the following:
  1. The proponents of the planned unit development have demonstrated that they are financially able to carry out the proposed project; that they intend to start construction within six (6) months of the approval of the project and any necessary Land Use District change, and intend to complete said construction within a reasonable time as determined by the Commission.
  2. That the proposed planned unit development conforms to the Ravenswood GENERAL PLAN in terms of general location and general standards of development.
  3. In the case of proposed residential developments: That such development will constitute a residential environment of sustained desirability and stability; that it will be in harmony with the character of the surrounding neighborhood and will result in an intensity of land utilization no higher than, and standards of open spaces at least as high as, permitted or specified otherwise for such development in this Ordinance.
  4. In the case of proposed commercial developments: That such development is needed at the proposed location to provide adequate commercial facilities of the type proposed; that traffic congestion will not likely be created by the proposed center, or will be obviated by presently projected improvements and by demonstrable provisions for traffic and parking; that said development will be an attractive and efficient center which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development.
  5. In the case of proposed industrial developments: That such development is fully in conformity with the applicable standards, and will constitute an efficient and well-organized development, with adequate provisions of railroad and/or truck access service and necessary storage; that such development will have no adverse effects upon adjacent or surrounding development.
  6. That the development of a harmonious, integrated whole justifies exceptions, if such are required, to the normal requirements of this Ordinance.
5. The Planning Commission shall act upon the application within forty-five (45) days, pending any necessary zoning amendment. In taking action, the Commission may deny a permit, may grant a permit as submitted, or may grant a permit, subject to additional conditions. Such conditions may include a performance bond of not more than ten (10) percent of the estimated cost of said planned unit development. Any planned unit development as authorized shall be subject to all conditions imposed, and shall be excepted from other provisions of this Ordinance only to the extent specified in said permit.
6. Following the issuance of such permit by the Planning Commission, the Building Inspector may issue a Building or other Permit and shall ensure that development is undertaken and completed in conformance with the approved plan.
7. Such permit may be revoked in any case where the conditions of such permit have not been or are not being complied with, the Planning Commission shall give to the permittee notice of intention to revoke such permit at least ten (10) days prior to review of said permit by said Commission. After conclusion of such review, the Planning Commission may revoke such permit. In any case where a permit has not been used within six (6) months after the date of granting thereof, then without further action, the permit granted shall be null and void.
Variances: The purpose of the Variance is to allow variation from the strict application of the terms of this Ordinance where by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property on the effective date of this Ordinance, or by reason of exceptional topographic conditions, or other extraordinary situation or condition of such piece of property, or of the use or development of property immediately adjoining the piece of property in question, the literal enforcement of the requirements of this Ordinance would involve practical difficulties or would cause undue hardship unnecessary to carry out the spirit and purpose of this Ordinance. In no case shall a variance be granted to permit a use other than a use permitted in any district.
1. Application shall be made by the property owner to the Secretary of the Planning Commission on a form prescribed for that purpose by the Town of Ravenswood. The Chairman of the Planning Commission shall appoint a three-person variance committee which shall meet as necessary to expedite the business of the committee. For any reason, the Chairman of the Commission may remove a member of the committee. The Committee shall appoint its own chairman and two persons present shall constitute a quorum.
2. The fee shall be ten (10) dollars, no part of which shall be refundable.
3. Accompanying maps and drawings required: Maps and drawings required to demonstrate that the conditions set forth in paragraph D apply to subject property, together with any other data required.
4. No public hearing need be held, provided a hearing may be held when the Variance Committee of the Planning Commission shall deem such hearing to be necessary in the public interest.
  1. Such hearing shall be held not more than thirty (30) days from date of application.
  2. The Committee shall publish a notice of hearing in a newspaper of general circulation in the Town of Ravenswood, not less than five (5) days prior to date of said hearing. Failure of owners to receive notice of hearing shall in no way affect the validity of action taken.
5. The Variance Committee shall grant a variance only when the following conditions are found:
  1. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same Land Use District and in the same vicinity.
  2. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this Ordinance or the public interest.
6. No grant of a variance shall be authorized unless the Committee specifically finds that the condition or situation of the specific piece of said property, or the intended use of said property, for which variance is sought - or one or the other in combination - is not so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situation.
7. The Committee shall act upon application within forty-five (45) days and may approve or deny such variance or may grant variance subject to specific conditions. The Committee shall notify the applicant forthwith of action taken.
8. Following the issuance of a variance by the Planning Commission, the Building Inspector may issue a Building or other Permit.
9. Unless specified otherwise at the time variance is granted, variance applies to subject property for an indefinite time and is transferrable to any future owner of subject property.
Appeals: The purpose of appeal procedure is to provide recourse in case it is alleged that there is error in any order, requirement, permit, decision or determination made by an administrative official or advisory, or a semi-judicial body, in the administration or enforcement of this Ordinance.
1. Any person aggrieved by the action of an administrative official or advisory body in the administration or enforcement of this Ordinance may appeal to the Council by making application to the Town Clerk in the manner prescribed by the Town Council within seven (7) days from the date of action that is appealed, except that appeals from the Variance Committee must first be made to the Planning Commission which may overrule the Committee by a simple majority. The Variance Committee may deny a variance without prejudice in order to place it before the Commission.
2. Application shall be accompanied by a verification by at least one of the petitioners, attested before a Notary Public or other person authorized by law to administer oaths and/or sworn declaration.
3. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom appeal is taken shall certify that a stay would in his opinion cause imminent peril of life and property.
4. A public hearing shall be held by the Town Council within thirty (30) days from date of appeal.
  1. Notice of the time, place, and purpose of the hearing shall be given by publication of notice of hearing in a newspaper of general circulation in the Town of Ravenswood, not less than five (5) days prior to date of hearing. Failure of owners to receive notice of hearing shall in no way affect the validity of action taken.
5. A full record in writing shall be submitted by the officer or body whose action is appealed, setting forth reasons for action taken.
6. The Council shall find whether in its opinion error was made.
7. The Council may within the terms of this Ordinance, affirm, reverse, or modify the action appealed as it deems just and equitable and exercise all rights of any other officer or commission, providing, however, that reversal of the Planning Commission shall require a three-fourths (3/4) vote of the entire Council, including the Mayor and Recorder.
8. Action of the Council may be reviewed by competent courts.

Ravenswood City Zoning Code

16.12.160 Procedures

And Required Permits

For all uses permitted in any district the Building Inspector or other agent of the Municipality responsible for the issuing of building, electrical, plumbing, grading, excavating, or any other required permits shall, prior to issuing said permit or permits, obtain written approval in the form of an approving written statement from the Secretary of the Planning Commission who shall determine whether the proposed building or uses are in conformity with the terms and conditions of this Ordinance. Said Secretary shall either approve the issuing of the permit, by approving the use or building, or shall notify the Building Inspector or his agent and, if convenient, the applicant, as to the necessary procedure to be followed in obtaining the necessary Conditional Use or other permit.
Conditional Use Permits: A Conditional Use Permit shall be required for all uses listed as conditional uses in the District Regulations, or elsewhere in this Ordinance. In considering an application for a conditional use, the Commission shall give due regard to the nature and condition of all adjacent uses and structures; and in authorizing a conditional use, the Commission may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to those expressly stipulated in this Ordinance for the particular use, as they may deem necessary for the protection of adjacent properties and the public interest.
1. In order to partially defray the costs of Planning Commission administration of this Ordinance, the following fees, except as otherwise established by this Ordinance, shall be paid by the applicant for Use Permits:
  For non-profit groups……..........................................................................……. $10.00 For business of all types…….......................................................................…. $20.00 For public agencies and for areas located outside the Town limit … None
Planned Unit Development Approval: For the purpose of encouraging and allowing diversification in the relationships of various buildings, structures, and open spaces in planned building groups and the allowable heights of said buildings and structures, while insuring substantial compliance to the District Regulations and other provisions of this Ordinance, an in order that the intent of this Ordinance in requiring adequate standards related to the public health, safety, the general welfare shall be observed, without unduly inhibiting the advantages of modern large-scale site planning for residential, commercial, or industrial purposes, the Commission shall have the authority to grant a Conditional Use Permit for such a development, and in doing so may alter the strict requirements of this Ordinance. Where use is made of the planned unit development process, as provided in this section, a Building or any other Permit shall not be issued for such development or part thereof, until the Planning Commission has approved said development as herein provided.
No application shall be made for an area of less than one (1) acre for any proposed use.
No application shall be accepted for a use which will require change of Land Use District, unless said application is accompanied by an application for a Land Use Regulation Amendment, as provided in RMC 16.12.180.
1. Application shall be accompanied by a general development plan showing the use or uses, dimensions and locations of proposed structures and of areas to be reserved for vehicular and pedestrian circulation, parking, public uses such as schools and playgrounds, landscaping, and other open spaces, and architectural drawings and sketches demonstrating the design and character of the proposed uses and the physical relationship of the uses. Such other pertinent information shall be included as may be necessary to a determination that the contemplated arrangement or use makes it desirable to apply regulations and requirements differing from those ordinarily applicable under this Ordinance.
2. Application shall be accompanied by a fee of fifty (50) dollars, plus five (5) dollars per acre for each acre by which said development exceeds two (2) acres.
3. No public hearing need be held, provided that no change of district is required; and a hearing may be held by the Planning Commission when it deems such hearing to be necessary in the public interest.
4. In order to grant a Conditional Use Permit for a planned unit development, the Commission shall find the following:
  1. The proponents of the planned unit development have demonstrated that they are financially able to carry out the proposed project; that they intend to start construction within six (6) months of the approval of the project and any necessary Land Use District change, and intend to complete said construction within a reasonable time as determined by the Commission.
  2. That the proposed planned unit development conforms to the Ravenswood GENERAL PLAN in terms of general location and general standards of development.
  3. In the case of proposed residential developments: That such development will constitute a residential environment of sustained desirability and stability; that it will be in harmony with the character of the surrounding neighborhood and will result in an intensity of land utilization no higher than, and standards of open spaces at least as high as, permitted or specified otherwise for such development in this Ordinance.
  4. In the case of proposed commercial developments: That such development is needed at the proposed location to provide adequate commercial facilities of the type proposed; that traffic congestion will not likely be created by the proposed center, or will be obviated by presently projected improvements and by demonstrable provisions for traffic and parking; that said development will be an attractive and efficient center which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development.
  5. In the case of proposed industrial developments: That such development is fully in conformity with the applicable standards, and will constitute an efficient and well-organized development, with adequate provisions of railroad and/or truck access service and necessary storage; that such development will have no adverse effects upon adjacent or surrounding development.
  6. That the development of a harmonious, integrated whole justifies exceptions, if such are required, to the normal requirements of this Ordinance.
5. The Planning Commission shall act upon the application within forty-five (45) days, pending any necessary zoning amendment. In taking action, the Commission may deny a permit, may grant a permit as submitted, or may grant a permit, subject to additional conditions. Such conditions may include a performance bond of not more than ten (10) percent of the estimated cost of said planned unit development. Any planned unit development as authorized shall be subject to all conditions imposed, and shall be excepted from other provisions of this Ordinance only to the extent specified in said permit.
6. Following the issuance of such permit by the Planning Commission, the Building Inspector may issue a Building or other Permit and shall ensure that development is undertaken and completed in conformance with the approved plan.
7. Such permit may be revoked in any case where the conditions of such permit have not been or are not being complied with, the Planning Commission shall give to the permittee notice of intention to revoke such permit at least ten (10) days prior to review of said permit by said Commission. After conclusion of such review, the Planning Commission may revoke such permit. In any case where a permit has not been used within six (6) months after the date of granting thereof, then without further action, the permit granted shall be null and void.
Variances: The purpose of the Variance is to allow variation from the strict application of the terms of this Ordinance where by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property on the effective date of this Ordinance, or by reason of exceptional topographic conditions, or other extraordinary situation or condition of such piece of property, or of the use or development of property immediately adjoining the piece of property in question, the literal enforcement of the requirements of this Ordinance would involve practical difficulties or would cause undue hardship unnecessary to carry out the spirit and purpose of this Ordinance. In no case shall a variance be granted to permit a use other than a use permitted in any district.
1. Application shall be made by the property owner to the Secretary of the Planning Commission on a form prescribed for that purpose by the Town of Ravenswood. The Chairman of the Planning Commission shall appoint a three-person variance committee which shall meet as necessary to expedite the business of the committee. For any reason, the Chairman of the Commission may remove a member of the committee. The Committee shall appoint its own chairman and two persons present shall constitute a quorum.
2. The fee shall be ten (10) dollars, no part of which shall be refundable.
3. Accompanying maps and drawings required: Maps and drawings required to demonstrate that the conditions set forth in paragraph D apply to subject property, together with any other data required.
4. No public hearing need be held, provided a hearing may be held when the Variance Committee of the Planning Commission shall deem such hearing to be necessary in the public interest.
  1. Such hearing shall be held not more than thirty (30) days from date of application.
  2. The Committee shall publish a notice of hearing in a newspaper of general circulation in the Town of Ravenswood, not less than five (5) days prior to date of said hearing. Failure of owners to receive notice of hearing shall in no way affect the validity of action taken.
5. The Variance Committee shall grant a variance only when the following conditions are found:
  1. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same Land Use District and in the same vicinity.
  2. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this Ordinance or the public interest.
6. No grant of a variance shall be authorized unless the Committee specifically finds that the condition or situation of the specific piece of said property, or the intended use of said property, for which variance is sought - or one or the other in combination - is not so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situation.
7. The Committee shall act upon application within forty-five (45) days and may approve or deny such variance or may grant variance subject to specific conditions. The Committee shall notify the applicant forthwith of action taken.
8. Following the issuance of a variance by the Planning Commission, the Building Inspector may issue a Building or other Permit.
9. Unless specified otherwise at the time variance is granted, variance applies to subject property for an indefinite time and is transferrable to any future owner of subject property.
Appeals: The purpose of appeal procedure is to provide recourse in case it is alleged that there is error in any order, requirement, permit, decision or determination made by an administrative official or advisory, or a semi-judicial body, in the administration or enforcement of this Ordinance.
1. Any person aggrieved by the action of an administrative official or advisory body in the administration or enforcement of this Ordinance may appeal to the Council by making application to the Town Clerk in the manner prescribed by the Town Council within seven (7) days from the date of action that is appealed, except that appeals from the Variance Committee must first be made to the Planning Commission which may overrule the Committee by a simple majority. The Variance Committee may deny a variance without prejudice in order to place it before the Commission.
2. Application shall be accompanied by a verification by at least one of the petitioners, attested before a Notary Public or other person authorized by law to administer oaths and/or sworn declaration.
3. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom appeal is taken shall certify that a stay would in his opinion cause imminent peril of life and property.
4. A public hearing shall be held by the Town Council within thirty (30) days from date of appeal.
  1. Notice of the time, place, and purpose of the hearing shall be given by publication of notice of hearing in a newspaper of general circulation in the Town of Ravenswood, not less than five (5) days prior to date of hearing. Failure of owners to receive notice of hearing shall in no way affect the validity of action taken.
5. A full record in writing shall be submitted by the officer or body whose action is appealed, setting forth reasons for action taken.
6. The Council shall find whether in its opinion error was made.
7. The Council may within the terms of this Ordinance, affirm, reverse, or modify the action appealed as it deems just and equitable and exercise all rights of any other officer or commission, providing, however, that reversal of the Planning Commission shall require a three-fourths (3/4) vote of the entire Council, including the Mayor and Recorder.
8. Action of the Council may be reviewed by competent courts.

Ravenswood City Zoning Code

16.12.160 Procedures

And Required Permits

For all uses permitted in any district the Building Inspector or other agent of the Municipality responsible for the issuing of building, electrical, plumbing, grading, excavating, or any other required permits shall, prior to issuing said permit or permits, obtain written approval in the form of an approving written statement from the Secretary of the Planning Commission who shall determine whether the proposed building or uses are in conformity with the terms and conditions of this Ordinance. Said Secretary shall either approve the issuing of the permit, by approving the use or building, or shall notify the Building Inspector or his agent and, if convenient, the applicant, as to the necessary procedure to be followed in obtaining the necessary Conditional Use or other permit.
Conditional Use Permits: A Conditional Use Permit shall be required for all uses listed as conditional uses in the District Regulations, or elsewhere in this Ordinance. In considering an application for a conditional use, the Commission shall give due regard to the nature and condition of all adjacent uses and structures; and in authorizing a conditional use, the Commission may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to those expressly stipulated in this Ordinance for the particular use, as they may deem necessary for the protection of adjacent properties and the public interest.
1. In order to partially defray the costs of Planning Commission administration of this Ordinance, the following fees, except as otherwise established by this Ordinance, shall be paid by the applicant for Use Permits:
  For non-profit groups……..........................................................................……. $10.00 For business of all types…….......................................................................…. $20.00 For public agencies and for areas located outside the Town limit … None
Planned Unit Development Approval: For the purpose of encouraging and allowing diversification in the relationships of various buildings, structures, and open spaces in planned building groups and the allowable heights of said buildings and structures, while insuring substantial compliance to the District Regulations and other provisions of this Ordinance, an in order that the intent of this Ordinance in requiring adequate standards related to the public health, safety, the general welfare shall be observed, without unduly inhibiting the advantages of modern large-scale site planning for residential, commercial, or industrial purposes, the Commission shall have the authority to grant a Conditional Use Permit for such a development, and in doing so may alter the strict requirements of this Ordinance. Where use is made of the planned unit development process, as provided in this section, a Building or any other Permit shall not be issued for such development or part thereof, until the Planning Commission has approved said development as herein provided.
No application shall be made for an area of less than one (1) acre for any proposed use.
No application shall be accepted for a use which will require change of Land Use District, unless said application is accompanied by an application for a Land Use Regulation Amendment, as provided in RMC 16.12.180.
1. Application shall be accompanied by a general development plan showing the use or uses, dimensions and locations of proposed structures and of areas to be reserved for vehicular and pedestrian circulation, parking, public uses such as schools and playgrounds, landscaping, and other open spaces, and architectural drawings and sketches demonstrating the design and character of the proposed uses and the physical relationship of the uses. Such other pertinent information shall be included as may be necessary to a determination that the contemplated arrangement or use makes it desirable to apply regulations and requirements differing from those ordinarily applicable under this Ordinance.
2. Application shall be accompanied by a fee of fifty (50) dollars, plus five (5) dollars per acre for each acre by which said development exceeds two (2) acres.
3. No public hearing need be held, provided that no change of district is required; and a hearing may be held by the Planning Commission when it deems such hearing to be necessary in the public interest.
4. In order to grant a Conditional Use Permit for a planned unit development, the Commission shall find the following:
  1. The proponents of the planned unit development have demonstrated that they are financially able to carry out the proposed project; that they intend to start construction within six (6) months of the approval of the project and any necessary Land Use District change, and intend to complete said construction within a reasonable time as determined by the Commission.
  2. That the proposed planned unit development conforms to the Ravenswood GENERAL PLAN in terms of general location and general standards of development.
  3. In the case of proposed residential developments: That such development will constitute a residential environment of sustained desirability and stability; that it will be in harmony with the character of the surrounding neighborhood and will result in an intensity of land utilization no higher than, and standards of open spaces at least as high as, permitted or specified otherwise for such development in this Ordinance.
  4. In the case of proposed commercial developments: That such development is needed at the proposed location to provide adequate commercial facilities of the type proposed; that traffic congestion will not likely be created by the proposed center, or will be obviated by presently projected improvements and by demonstrable provisions for traffic and parking; that said development will be an attractive and efficient center which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development.
  5. In the case of proposed industrial developments: That such development is fully in conformity with the applicable standards, and will constitute an efficient and well-organized development, with adequate provisions of railroad and/or truck access service and necessary storage; that such development will have no adverse effects upon adjacent or surrounding development.
  6. That the development of a harmonious, integrated whole justifies exceptions, if such are required, to the normal requirements of this Ordinance.
5. The Planning Commission shall act upon the application within forty-five (45) days, pending any necessary zoning amendment. In taking action, the Commission may deny a permit, may grant a permit as submitted, or may grant a permit, subject to additional conditions. Such conditions may include a performance bond of not more than ten (10) percent of the estimated cost of said planned unit development. Any planned unit development as authorized shall be subject to all conditions imposed, and shall be excepted from other provisions of this Ordinance only to the extent specified in said permit.
6. Following the issuance of such permit by the Planning Commission, the Building Inspector may issue a Building or other Permit and shall ensure that development is undertaken and completed in conformance with the approved plan.
7. Such permit may be revoked in any case where the conditions of such permit have not been or are not being complied with, the Planning Commission shall give to the permittee notice of intention to revoke such permit at least ten (10) days prior to review of said permit by said Commission. After conclusion of such review, the Planning Commission may revoke such permit. In any case where a permit has not been used within six (6) months after the date of granting thereof, then without further action, the permit granted shall be null and void.
Variances: The purpose of the Variance is to allow variation from the strict application of the terms of this Ordinance where by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property on the effective date of this Ordinance, or by reason of exceptional topographic conditions, or other extraordinary situation or condition of such piece of property, or of the use or development of property immediately adjoining the piece of property in question, the literal enforcement of the requirements of this Ordinance would involve practical difficulties or would cause undue hardship unnecessary to carry out the spirit and purpose of this Ordinance. In no case shall a variance be granted to permit a use other than a use permitted in any district.
1. Application shall be made by the property owner to the Secretary of the Planning Commission on a form prescribed for that purpose by the Town of Ravenswood. The Chairman of the Planning Commission shall appoint a three-person variance committee which shall meet as necessary to expedite the business of the committee. For any reason, the Chairman of the Commission may remove a member of the committee. The Committee shall appoint its own chairman and two persons present shall constitute a quorum.
2. The fee shall be ten (10) dollars, no part of which shall be refundable.
3. Accompanying maps and drawings required: Maps and drawings required to demonstrate that the conditions set forth in paragraph D apply to subject property, together with any other data required.
4. No public hearing need be held, provided a hearing may be held when the Variance Committee of the Planning Commission shall deem such hearing to be necessary in the public interest.
  1. Such hearing shall be held not more than thirty (30) days from date of application.
  2. The Committee shall publish a notice of hearing in a newspaper of general circulation in the Town of Ravenswood, not less than five (5) days prior to date of said hearing. Failure of owners to receive notice of hearing shall in no way affect the validity of action taken.
5. The Variance Committee shall grant a variance only when the following conditions are found:
  1. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same Land Use District and in the same vicinity.
  2. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this Ordinance or the public interest.
6. No grant of a variance shall be authorized unless the Committee specifically finds that the condition or situation of the specific piece of said property, or the intended use of said property, for which variance is sought - or one or the other in combination - is not so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situation.
7. The Committee shall act upon application within forty-five (45) days and may approve or deny such variance or may grant variance subject to specific conditions. The Committee shall notify the applicant forthwith of action taken.
8. Following the issuance of a variance by the Planning Commission, the Building Inspector may issue a Building or other Permit.
9. Unless specified otherwise at the time variance is granted, variance applies to subject property for an indefinite time and is transferrable to any future owner of subject property.
Appeals: The purpose of appeal procedure is to provide recourse in case it is alleged that there is error in any order, requirement, permit, decision or determination made by an administrative official or advisory, or a semi-judicial body, in the administration or enforcement of this Ordinance.
1. Any person aggrieved by the action of an administrative official or advisory body in the administration or enforcement of this Ordinance may appeal to the Council by making application to the Town Clerk in the manner prescribed by the Town Council within seven (7) days from the date of action that is appealed, except that appeals from the Variance Committee must first be made to the Planning Commission which may overrule the Committee by a simple majority. The Variance Committee may deny a variance without prejudice in order to place it before the Commission.
2. Application shall be accompanied by a verification by at least one of the petitioners, attested before a Notary Public or other person authorized by law to administer oaths and/or sworn declaration.
3. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom appeal is taken shall certify that a stay would in his opinion cause imminent peril of life and property.
4. A public hearing shall be held by the Town Council within thirty (30) days from date of appeal.
  1. Notice of the time, place, and purpose of the hearing shall be given by publication of notice of hearing in a newspaper of general circulation in the Town of Ravenswood, not less than five (5) days prior to date of hearing. Failure of owners to receive notice of hearing shall in no way affect the validity of action taken.
5. A full record in writing shall be submitted by the officer or body whose action is appealed, setting forth reasons for action taken.
6. The Council shall find whether in its opinion error was made.
7. The Council may within the terms of this Ordinance, affirm, reverse, or modify the action appealed as it deems just and equitable and exercise all rights of any other officer or commission, providing, however, that reversal of the Planning Commission shall require a three-fourths (3/4) vote of the entire Council, including the Mayor and Recorder.
8. Action of the Council may be reviewed by competent courts.