The Planning Commission is hereby authorized:

(1)

To hear and decide on special use permits required by the terms of this Chapter.

(2)

To hear and decide appeals for a variance from the Zoning Administrator's actions.

(3)

To hear and decide appeals for a variance from the strict application of this Chapter.

(4)

To receive testimony under oath and make such studies and surveys as are required to carry out the duties herein outlined.

(5)

To request information or opinions from any administrative officer of the City or any other person considered an expert on the matter.

(6)

To attach such requirements, conditions and/or reviews to actions on applications presented to it as it believes necessary to carry out the intent and purposes of this Chapter.

(Prior code, § 12.18.010; Ord. No. 914, § 1, 2-9-2016)

Any person requesting a special use permit or making an appeal to the Planning Commission shall submit a written application on a form provided by the City Clerk for that purpose.

(Prior code, § 12.18.020; Ord. No. 914, § 1, 2-9-2016)

Accompanying each application shall be a fee as set forth in the City's Fee Schedule, plus the costs of legal advertising, which costs must be paid before the hearing for said application is scheduled. Fees shall be made payable to the City of Rocky Ford. In the event the Planning Commission determines that a hearing for a special use permit or use by review was not necessary or required or that any appeal from the actions of the Zoning Administrator is upheld, said application fee shall be refunded to the applicant. Except as specifically provided herein, the application fee or any part thereof shall not be refunded.

(Prior code, § 12.18.030; Ord. No. 750, § 10, 2-23-1999; Ord. No. 914, § 1, 2-9-2016)

(a)

All actions of the Planning Commission shall be taken at public hearings.

(b)

Notice of a hearing shall include the time, date and place of the hearing, a brief description of the request, and a legal description and the street address of such property in question.

(c)

The notice shall be given no less than 15 days prior to the hearing.

(d)

The notice shall be published in a newspaper of general circulation.

(e)

The notice shall be sent by certified mail to the applicant.

(f)

The notice shall also be distributed to all the property owners within 350 feet of the property in question.

(Prior code, § 12.18.040; Ord. No. 914, § 1, 2-9-2016)

Before granting a special use permit, the Planning Commission shall find in writing, based upon evidence and testimony, that all of the following conditions exist:

(1)

The requested use is a use listed as a use by review in the district in which the parcel is located.

(2)

The granting of the special use permit will not substantially modify the Comprehensive Plan or the intent, purpose and spirit of this Chapter.

(3)

The special use proposal incorporates reasonable means to create an environment harmonious with that to the surrounding properties.

(4)

The special use will not adversely affect the public health, safety or welfare.

(Prior code, § 12.18.050; Ord. No. 914, § 1, 2-9-2016)

Appeals to the Planning Commission may be made in writing at any time but, if for relief from any action by the Zoning Administrator, it must be made within 30 days from the date on which any person was aggrieved by an action of the Zoning Administrator. Notice of such appeal shall be filed with the Zoning Administrator, and he or she shall transmit said appeal to the Secretary of the Planning Commission within 15 days, along with all records upon which the action was taken, and a written statement indicating his or her findings of fact and his or her reasons for the action for which the appeal is made.

(Prior code, § 12.18.060; Ord. No. 914, § 1, 2-9-2016)

Before granting an appeal from actions of the Zoning Administrator, the Planning Commission shall find in writing, based on evidence and testimony, that all of the following conditions exist:

(1)

The granting of the appeal will permit only those uses listed in the zone district in which the parcel is located.

(2)

The action of the Zoning Administrator was arbitrary, capricious or not in harmony with the provisions, purposes, intent and spirit of this Chapter.

(Prior code, § 12.18.070; Ord. No. 914, § 1, 2-9-2016)

Before granting a variance, the Planning Commission shall find in writing, based upon evidence and testimony, that all of the following conditions exist:

(1)

The variance, if granted, will permit only those uses listed as a use permitted in the zone district in which the parcel is located.

(2)

The parcel for which the variance appeal is made suffers unique or singular disadvantages, such as, but not limited to, size, shape, topography, location or surroundings not shared by other parcels in the neighborhood.

(3)

The variance will not grant privileges inconsistent with limitations shared by other parcels in the zone district.

(4)

The variance will not have an injurious effect on the existing or future use of the adjacent parcels.

(5)

The variance will not injure or adversely alter the general character of the neighborhood in which the variance is sought.

(6)

The variance request is in harmony with the intent, purpose and spirit of this Chapter.

(Prior code, § 12.18.080; Ord. No. 914, § 1, 2-9-2016)

(a)

All actions of the Planning Commission shall be in writing, shall contain the required findings of fact and shall include a statement setting forth those factors which the Planning Commission considered controlling factors in reaching its decision.

(b)

Any appeals granted by the Planning Commission shall not be personal to the applicant, but shall be transferable and shall run with the land, except that the appeals granted must be exercised in full or construction started within not more than one year from the date of granting such appeal; otherwise, the appeal granted shall become null and void and the parcel shall thereafter be subject to all the applicable regulations of this Chapter.

(Prior code, § 12.18.090; Ord. No. 914, § 1, 2-9-2016)

In the event a variance, special use or appeal from an action of the Zoning Administrator is denied, no new applications for a hearing shall be made for the same or a substantially similar condition within six months of such denial.

(Prior code, § 12.18.100; Ord. No. 914, § 1, 2-9-2016)

The findings and decisions of the Planning Commission shall be final. Appeals to the District Court shall be made within 30 days from the date of the action by the Planning Commission.

(Prior code, § 12.18.110; Ord. No. 914, § 1, 2-9-2016)