VILLAGE
OF CAPAC
AN ORDINANCE TO AMEND CHAPTER 30, SECTION 30-563
OF THE VILLAGE OF CAPAC ZONING
ORDINANCE
THE VILLAGE OF CAPAC ORDAINS:
SECTION 1. Section 30-563 of the Village of Capac Code of Ordinances is rescinded and replaced with the following:
The decision of the Planning Commission with respect to a site plan, including, but not limited to, the decision to approve or deny a site plan, or the decision to approve or deny an amendment or variance to a site plan, is appealable to the Village Council upon written request of the applicant and payment of the appropriate fee for a determination whether the Planning Commission’s decision: (a) complied with applicable law; (b) was based on proper procedure; and (c) was supported by competent, material and substantial evidence on the record. In the absence of such request being filed within sixty (60) days after the decision is rendered by the Planning Commission, such decision remains final.
SECTION 2. Section 30-147 of the Village of Capac Code of Ordinances is rescinded and replaced with the following:
An appeal may be taken to the zoning board of appeals by any person wishing to appeal an ordinance provision or any final decision of the zoning administrator or a decision of the planning commission, except planning commission decisions concerning site plans which are appealable to the Village Council, not the zoning board of appeals, pursuant to Section 30-563. The zoning board of appeals shall also interpret the zoning map and rule on nonconforming uses and structures whenever the determination of the zoning administrator is appealed from. All appeals must be applied for in writing on forms provided by the village. The zoning board of appeals shall give notice of the hearing to the parties involved. The zoning board of appeals shall also give notice to owners of property within a minimum of three hundred (300) feet from the property lines of the property which is the subject of the appeal. Notice shall be by regular mail and shall be sent to the property owners as shown on the latest tax assessment roll.
SECTION 3. No Other Amendment.
Except as amended above, this Ordinance does not amend any other provision of the Village of Capac Ordinances.
SECTION 4. Severability
The provisions of this Ordinance are hereby declared to be severable. If any clause, sentence, paragraph, rule, regulation, section or subsection is declared void or inoperable for any reason by any court, it shall not affect any other part or portion thereof other than the part declared void or inoperable.
SECTION 5. Effective Date and Publication of Notice
This Ordinance shall take effect 15 days after publication.
Certification
I, LeAnn Brewer, Clerk of the Village of Capac do hereby certify that this Ordinance Amendment was adopted by the Village of Capac council at a regular meeting held on the 20th day of February 2024, and was published as provided by law
LeAnn Brewer, Clerk
Village of Capac
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