A.   Appeals From Decisions Of Administrator:

      1.   Appeals To Council: Appeals to the council concerning the administrator's interpretation and administration of this title may be taken by any person aggrieved by a decision of said administrator. Said appeal shall be taken within twenty (20) calendar days after the decision of the administrator by filing with the administrator a notice of appeal specifying the grounds upon which the appeal is to be taken. The appellant shall lodge all legal and factual material in support of the appeal with the administrator within fourteen (14) calendar days after the notice of appeal is filed. If any of such lodged material had not been submitted to the administrator prior to the administrator's decision, the council may remand the matter to the administrator for reconsideration in light of the new material. The cost of an appeal from decisions of the administrator shall be based on the schedule of fees.

      2.   Hearing By Council: The council shall hold a public hearing on all appeals from decisions of the administrator as soon as possible following receipt of the notice of appeal. The council shall publish a copy of the notice of appeal, together with the time, place, and date of the appeal hearing, in one newspaper of general circulation in the county, once, at least fifteen (15) days prior to the public hearing.

      3.   Decision By Council: The council shall, within twenty eight (28) days after the public hearing, enter a written order affirming, reversing, or modifying the administrator's decision. The order shall also contain the reasons for the administrator's decision. The council may, within fourteen (14) calendar days of issuing a written decision, reconsider that decision under procedures outlined in subsection B3 of this section.

   B.   Appeals From Decisions Of Commission:

      1.   Appeals To Council: Any person aggrieved by any final action of the commission may appeal the commission's decision to the council by filing a notice of appeal within twenty (20) days of the commission's final action. The notice of appeal shall state the date and substance of the decision appealed from and state the grounds for the appeal. Copies of the notice of appeal shall be filed with both the council and the commission. The administrator shall provide any such aggrieved person with a written statement of the estimated cost of transcript preparation.

      2.   Transmission Of Record And Briefs:

         a.   Transmission Of Record: Within thirty (30) days after a notice of appeal is filed, the commission shall prepare five (5) copies of a summary of the proceedings appealed from and forward said summary to the council. The cost of an appeal shall be based on the schedule of fees and shall include the cost of transcript preparation. The cost of such preparation shall be based on current costs of outside temporary employees to furnish such transcripts and the cost shall be paid by the appellant before the transcript may be forwarded to the council. The commission shall serve one copy of the summary or transcript on the appellant and one copy on the attorney for the respondent. The commission shall submit to the council with the summary or transcript all documents, exhibits, and orders pertinent to the appeal. The entire record shall be forwarded to the council with a certificate signed by the administrator listing all documents in the record in chronological order of filing together with the administrator's certificate stating that the documents listed comprise the complete record of the commission's proceedings.

         b.   Briefs On Appeal:

            (1)   Definition: For the purpose of this section, "brief" is defined as any written document, regardless of form, outlining the parties' legal positions. Parties to an appeal are not required to file briefs. If a party chooses not to file a brief, the administrator shall be notified in writing.

            (2)   Number Of Copies: The original and five (5) copies of all appellate briefs shall be filed with the administrator.

            (3)   Time For Filing: The appellant's brief shall be filed within fourteen (14) calendar days of receipt of the transcript. The respondent's brief shall be filed within fourteen (14) calendar days from receipt of the appellant's brief. No briefs shall be accepted outside of the time periods described under this subsection. If the commission is the only respondent, no respondent's brief is required.

      3.   Hearing By Council: The council shall hold a hearing on the appeal as soon as possible following receipt of the administrator's certificate and the commission's record. The council shall publish a notice specifying the time, date and place of the hearing and stating the subject of the appeal. The notice shall be published once in a newspaper of general circulation at least fifteen (15) days prior to the hearing. The council may not take additional evidence at the hearing. The parties to the appeal may present briefs to the board. Each party may present not more than fifteen (15) minutes of oral argument to the council.

      4.   Decision By Council: The council shall enter an order within fifteen (15) days after the hearing affirming, reversing, or modifying the commission's decision. The order shall contain a statement of the decision. The council may, within fourteen (14) calendar days of issuing a written decision, reconsider that decision under procedures outlined in subsection B3 of this section.

   C.   Request For Rehearing: Any applicant or affected person seeking judicial review of compliance with the provisions of this section must first seek reconsideration of the final decision within fourteen (14) days. The applicant will inform the administrator of what changes are requested. Such written request must identify specific deficiencies in the decision for which reconsideration is sought. Upon reconsideration, the decision may be affirmed, reversed or modified after compliance with applicable procedural standards. A written decision shall be provided to the applicant or affected person within sixty (60) days of receipt of the request for reconsideration or the request is deemed denied. A decision shall not be deemed final for purposes of judicial review unless the process required in this subsection has been followed. The twenty eight (28) day time frame for seeking judicial review is tolled until the date of the written decision regarding reconsideration or the expiration of the sixty (60) day reconsideration period, whichever occurs first. (Ord. 258, 10-9-2014)

Variance is a modification of the requirements of this title as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of building or other provisions of this title affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots and public ways. (Ord. 223, 7-13-2006)

The commission may authorize in specific cases such variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title would result in unnecessary hardship. No nonconforming use of neighboring lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this title would result in unnecessary hardship or the loss of a building or site that is on a national, state, or local register of historic places or sites. (Ord. 223, 7-13-2006)

   A.   Required Information: A variance from the terms of this title shall not be granted by the commission unless and until a written application for a variance is submitted to the commission containing:

      1.   Name, address and phone number of applicant.

      2.   Legal description of property.

      3.   Description of the nature of the variance requested.

      4.   A narrative statement and documentation demonstrating that the building or site is on a national, state or local register of historic places or sites or that the requested variance conforms to all the following standards:

         a.   That special conditions and circumstances exist which are peculiar to the land, structures or buildings in the same district.

         b.   That a literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title.

         c.   That special conditions and circumstances do not result from the actions of the applicant.

         d.   That granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures or buildings in the same district.

   B.   Findings Of Fact: A variance shall not be granted unless the commission makes specific findings of fact based directly on the particular evidence presented to it which support conclusions that the above mentioned standards and conditions have been met by the applicant. (Ord. 223, 7-13-2006)

Under no circumstances shall the commission grant an appeal or variance to allow a use not permissible under the terms of this title in the district involved or any use expressly or by implication prohibited by the terms of this title in said district. In granting any appeal or variance, the commission may prescribe appropriate conditions and safeguards in conformity with this title. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this title. (Ord. 223, 7-13-2006)

   A.   Prior to granting a variance permit, at least one public hearing before the commission in which interested persons shall have the opportunity to be heard shall be held. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the jurisdiction of the city. Notice may also be provided to stations serving the jurisdiction for use as a public service announcement. Written notice shall also be provided to property owners and residents of adjoining land with the parcel under consideration. (Ord. 254, 1-15-2015)

   B.   When notice is required to two hundred (200) or more property owners or residents, in lieu of mailing notification, three (3) notices in the newspaper or paper of general circulation is sufficient, provided the third notice appears ten (10) days prior to the public hearing. (Ord. 223, 7-13-2006)

   A.   Decision: Within thirty (30) days after the public hearing, the commission shall approve, conditionally approve, or disapprove the request for appeal or variance.

   B.   Denoting Specifics: Upon granting or denying an application, the commission shall specify:

      1.   The regulations and standards used in evaluating the application.

      2.   The reasons for approval or denial.

      3.   The actions, if any, that the applicant could take to obtain a permit.

   C.   Right To Appeal Commission Decision: The applicant or any affected person may appeal the decision of the commission to the council, provided a written appeal is submitted to the council within fifteen (15) days from the commission's decision. (Ord. 223, 7-13-2006)

Within ten (10) days after a decision has been rendered, the city council shall provide the applicant with written notice of the action on the request. (Ord. 223, 7-13-2006)

A decision by the commission on a variance permit application may be appealed to the city council through the process specified in section 8-12-1 of this chapter. (Ord. 252, 5-15-2013)

A special use is a permanent use otherwise prohibited by the terms of this title in a given zone, but which may be allowed with conditions under specific provisions of this title and when not in conflict with a comprehensive plan. (Ord. 223, 7-13-2006)

The commission may authorize in specific cases special uses, subject, however, to the minimum conditions and requirements of the zoning district in which they are located and subject to additional conditions and requirements necessary to protect the best interest of affected persons and the city as a whole. (Ord. 223, 7-13-2006)

An application for special use permit shall be filed with the city clerk by at least one owner or lessee of property for which a new special use is proposed or for which an expansion or relocation of an existing special use is proposed. At a minimum, the application shall contain the following information:

   A.   Name, address and phone number of applicant.

   B.   Legal description of property.

   C.   Description of existing use.

   D.   Zoning district.

   E.   Description of proposed special use.

   F.   A plan of the proposed site for the special use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and such other information as the commission may require to determine if the proposed special use meets the intent and requirements of this title.

   G.   A narrative statement evaluating the effects on adjoining property; the effects of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to a comprehensive plan. (Ord. 223, 7-13-2006)

The commission shall review the particular facts and circumstances of each proposed special use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:

   A.   Will, in fact, constitute a special use as established by zoning requirements for the zone involved.

   B.   Will be harmonious with and in accordance with the general objectives or with any specific objective of a comprehensive plan and/or zoning regulations.

   C.   Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and such use will not change the essential character of the same area.

   D.   Will not be hazardous or disturbing to existing or future neighboring uses.

   E.   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons responsible for the establishment of the proposed use shall be able to provide adequately any such services.

   F.   Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.

   G.   Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any person, property or to the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.

   H.   Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares.

   I.   Will not result in the destruction, loss or damage of natural, scenic or historic features of major importance. (Ord. 223, 7-13-2006)

In granting any special use, the commission may prescribe appropriate conditions, bonds and safeguards in conformity with this title. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the special use is granted, shall be deemed a violation of this title. (Ord. 223, 7-13-2006)

Upon receipt of the application for a special use, the commission shall hold a public hearing, publish notice in the newspaper and give written notice to all parties as required for variance permits. (Ord. 223, 7-13-2006)

   A.   Commission Action: Within thirty (30) days after the public hearing, the commission shall either approve, conditionally approve or disapprove the application as presented. If the application is approved or approved with modifications, the commission shall direct the city clerk to issue a special use permit listing the specific conditions specified by the commission for approval.

   B.   Conditions Attached: Upon granting a special use permit, conditions may be attached to a special use permit, including, but not limited to, those:

      1.   Minimizing adverse impact on other developments.

      2.   Controlling the sequence and time of development.

      3.   Controlling the duration of development.

      4.   Assuring that development is maintained properly.

      5.   Designating the exact location and nature of development.

      6.   Requiring the provision for on site or off site public facilities or services.

      7.   Requiring more restrictive standards than those generally required in this title. (Ord. 223, 7-13-2006)

      8.   Concerning time line for review. If use does not change, application fee may be waived.

      9.   Concerning use permit recorded against the property.

      10.   Concerning the fact that a new owner is required to meet with the planning and zoning administrator to review special use permit. (Ord. 251, 7-12-2012)

   C.   Request For Studies: Prior to granting a special use permit, the commission may request studies from the planning staff or public agencies concerning social, economic, fiscal and environmental effects of the proposed special use. A special use permit shall not be considered as use permits. A special use permit is not transferable from one parcel of land to another, but may be transferable from one owner to another, provided all conditions of the special use permit continue to be met.

   D.   Decision; Denoting Specifics: Upon granting or denying an application, the commission shall specify:

      1.   The regulations and standards used in evaluating the application.

      2.   The reasons for approval or denial.

      3.   The actions, if any, that the applicant could take to obtain a permit.

   E.   Right To Appeal Commission Decision: The applicant or any affected person who appeared in person or in writing before the commission may appeal the decision of the commission to the council, provided a written appeal is submitted to the council within fifteen (15) days from the commission's action. (Ord. 223, 7-13-2006)

Within ten (10) days after decision has been rendered, the city clerk shall provide the applicant with written notice of the action on the request. (Ord. 223, 7-13-2006)

   A.   A special use permit is not transferable from one parcel of land to another, but may be transferable from one owner to another, provided all conditions of the special use permit continue to be met.

   B.   Special uses which have not been established within one year of the date of issuance of the special use permit may be reviewed by the commission to determine if the facts and circumstances have changed; the commission may call for a new special use permit application.

   C.   A special use which has been discontinued for a period of one year shall not be reestablished without a new special use permit. (Ord. 223, 7-13-2006)

A decision by the commission on a special use permit application may be appealed to the city council through the process specified in section 8-12-1 of this chapter. (Ord. 252, 5-15-2013)