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HomeMy WebLinkAboutOrd 1031ORDINANCE N0. 1031 AN ORDINANCE AMENDING SECTIONS 22.60.020, 22.60.030 and 25.78.050 AND ADDING SECTION 22.60.031 TO PROVIDE FOR EXCEPTIONS TO THE SIGN AND FENCE.ORDINANCES The City Council of the City of Burlingame does ORDAIN as follows: Section 1. Secticn 22.60.020 of the Municipal of .Code theCity of Burlingame is amended to read as follows: 9 22.60.020 Application for exception - when granted. Any person claiming that compliance with any provisions or requirement of thistitle regulatingthe size, location or i height of any sign will work a hardship on him may apply to -the planning commission for an exception. The -planning commission is hereby authorized to grant such an exception y if it finds that the enforcement of any such provision or requirement will work a hardship on the applicant and that the grantinff of an exception therefrom will not be materially; detrimental to the public health, safety or welfare or injurious to the property or improvements of other prop- . erty owners,�or the quiet enjoyment of such property or improvements. This authorization to grant an exception is expressly limited to provisions or requirements relating to size, location and height of signs andshall not be C construed to permit the grant of an exception from any lij other provision or requirement of this title." Section 2. Section 22.60.030 of the Municipal Code of the, Cityof Burlingame is amer:ded to read as. follows: ! "22.60.030 Procedure for exception application and hearing.,. Persons desiring an exception shall make written -1- application to the planning commission. Upon receipt of such application, the city shall place the matter upon the i agenda of the commission and notify forthwith the owners or i occupants of properties immediately adjoining the property for which the exception is requested, as shown upon the I last equalized assessment role for taxes in the city. I The application shall be accompanied by a drawing of the proposed sign, the location of proposed construction upon the land or building, and reasons why strict adherence I to the terms of this title would create a.hardship upon the i .applicant. i Atthe meeting to which -the matter is referred, the planning commission shall hear the applicant and all others i and -may grantthe exception as applied for or upon such terms and conditions as it may deem. just, having due regard to the intent and purpose. of this title, or it may deny the - application." Section 3.- Section 22.60.031 is added to said Code to "22.60.031 Finality of decisions - Appeal - Sus- pension pending appeal. The decision of the commission shall become final and conclusive upon the adjournment of the city council at its next succeeding regular meeting if no appeal be filed. During the period between the action of the commission and the adjournment of the next succeeding regular meeting of the council, any person may appeal such action to the city council. Such appeal .shall be in writing and shall be filed with the city clerk. During thesame period., the council, on its own motion, may suspend the decision of thecommission for the purpose of reviewing the action of the commission.^ -2- Section 4. Section 25.78.Ob0 of the Municipal Code of i the City of Burlingame is amended to read as follows: "25.78.050. Exceptions from permitted heights. s Fences of a greater height than herein permitted may be # approved by the planning commission upon presentation of a etition. The i p petition must make sufficient showing: 1. That there are exceptional circumstances; 2. That there is no public hazard; �3. That neighboring properties will not be } materially damaged; - 4. That the regulations cause unnecessary hardship upon the petitioner." i I, Section 5. This ordinance shall be published asrequired; II by law. '�� '$ ayor - I, HERBERT K. WHITE, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held 'on the.3y-� day ofMarch, 1975, and adopted thereafter at a regular meeting of the City Council held on the j7thdayof March , 29.75. - .9YES:. COUNCILMEN:��Strllp_.,: --CllS1Ck—Hax'TiSOri— NOES: -COUNCILMEN: MariCjlril N®ne ABSENT: COUNCILMEN: C�OSby -- City Clerk -3-