The City Manager is hereby delegated the authority and is empowered to make final determinations in the following matters:

A.

When an encroachment is discovered on public streets, rights-of-way, alleys, or property owned by the City, which extends five (5) feet, or less, on public property, the City Manager shall have the authority to approve the continuation of the encroachment for the life of the improvement creating the encroachment.

B.

All encroachments approved and easements issued by the City Manager shall contain the following restrictions:

1.

The easement shall be granted for the surface and foundation only under the existing improvement and the area of the existing encroachment;

2.

The easement shall be granted only until terminated by the City, but in no event shall it extend beyond the life of the existing improvement;

3.

Grantees, their heirs, successors or assigns shall not replace existing improvements and shall not construct additional improvements upon the easement;

4.

Grantees, their heirs, successors, and assigns shall indemnify and hold the City harmless from any and all damages caused by the existing improvements, regardless of the nature or extent of damage;

5.

Grantee[s], their heirs, successors and assigns shall agree to remove all improvements if directed to do so by the City;

6.

Unless sooner vacated, the easement shall terminate at such time as the improvements are destroyed, removed, cease to be used as an improvement to the property, or become decayed or damaged so as to no longer be useful;

7.

Grantee shall provide a survey of the encroachment area certified by a licensed land surveyor;

8.

Such additional criteria, limitations and restrictions as the City Manager determines to be in the best interest of the City.

C.

The City Manager shall have the authority to execute easements and such other documents necessary to formalize approval of an encroachment.

D.

All matters relating to encroachments not delegated to the authority of the City Manager by this section shall remain within the exclusive control of the City Commission [Council].

E.

Any person aggrieved by a decision of the City Manager may appeal that decision to the City Council within thirty (30) days of final action.

(Ord. No. 606, 6-16-98)

In addition to all other powers and duties of the Planning Commission it shall have the following powers and duties:

(a)

Administrative Review—to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrative officials in the enforcement of this Ordinance and may revise, affirm or modify any administrative action relative thereto. The concurring vote of four (4) members of the Planning Commission shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant any matter upon which it is required to pass under this Ordinance or effect any variation of this Ordinance.

(b)

Variance—to hear and recommend to the City Council in specific cases such variance from the terms of this Ordinance as will not be contrary to the public interest. The conduct of hearing on variances and the approval or disapproval of such variances shall be in conformance with the provisions of Article VII and Article IX of this Ordinance.

(c)

Use Permits—Special and Public—to hear and recommend to the City Council on such special and public use permits as the Planning Commission is specifically authorized to pass on by the terms of this Ordinance. Commission action on said special and public use permits shall be in conformance to the provisions of Articles VIII and IX of this Ordinance.

(Ord. No. 392, § 2, 8-7-73)