The planning commission shall establish a reasonable time for hearing of any appeals or requests for variance authorized under this article. It shall give at least 15 days' notice of such hearing by publishing the time, date and location of the public hearing within the newspaper of general circulation within the city in which is carried the legal advertisements of the city. It shall give written notice by mail to all parties who are prosecuting the subject appeal or variance request and to all adjacent property owners. All written notice required by this section shall be effective upon depositing such notice with the U.S. Postal Service with sufficient postage affixed thereto.

(Ord. of 3-12-2007, art. VII, § 1)

The planning commission shall hear and decide appeals where it is alleged there is an error of any order, requirement, decision or determination made by an administrative official in the enforcement of this article.

(1)

Such appeal shall be filed in writing no later than 30 days after the date of notification of the decision appealed, stating the grounds for the appeal. The building inspector shall transmit to the planning commission all paper constituting the record upon which the action appealed was based.

(2)

The planning commission may, in conformity with these regulations, reverse or affirm the decision of the building inspector, wholly or partly, or may modify the decision as ought to be made, and to that end shall have the powers of the officer from whom the appeal was taken.

(Ord. of 3-12-2007, art. VII, § 2)

The planning commission may hear and decide variances from the district regulations where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property or where by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of a piece of property, the strict application of the district regulations would result in practical difficulties to, or undue hardship upon, the owner of the property, provided that this relief may be granted without substantially imperiling the intent and purpose of the zoning ordinance. In granting a variance, the planning commission may attach such conditions regarding the location, character and other features of a proposed building or structure as it may deem advisable so the purpose of the zoning ordinance will be served and the public health, safety and welfare secured. The planning commission shall not have authority to grant a variance of the use or density requirements of the zoning district relating to the property for which a variance is requested.

(1)

The owner of property or his designated agent may apply for a permit based upon the granting of a variance, subject to all conditions imposed, for a period of six months from the date of the decision of the planning commission. If no permit is obtained before the expiration of the six months, the owner or agent must request an extension in three-month intervals, with a maximum of two extensions, or the decision of the commission shall be of no force and effect. The variances will then have to be reapplied for.

(2)

Where an application to the planning commission is initiated due to an existing violation of the ordinance and said application is denied, the violation shall be required to be corrected within ten days of such denial or as specified by the commission if a greater time period is necessary. The maximum extension of the time shall not exceed 30 days.

(Ord. of 3-12-2007, art. VII, § 3)

Appeals and requests for variance shall be made on forms provided by the city clerk. The applicant shall provide all information required on said forms. The city clerk shall accept no form unless it contains all pertinent information and is accompanied by the required fee to defray expenses. The fee for application for appeals and variance requests shall be as established by the city council from time to time.

(Ord. of 3-12-2007, art. VII, § 4)

Any party aggrieved by any final judgment or decision of the planning commission may, within 15 days thereafter, appeal to the city council by filing with the council a written notice of appeal specifying the judgment or decision from which appeal is taken.

(Ord. of 3-12-2007, art. VII, § 5)