Appeals from the decisions of the zoning administrator with regard to interpretation, administration, and enforcement shall be made to the Ty Ty City Council. The Ty Ty City Council shall hear and decide upon appeals where it is alleged there is error in any order, requirement, decision, or determination made by the zoning administrator.

1.

Who may appeal: Appeals to the Ty Ty City Council may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing authority affected by any decision of the zoning administrator. Such appeals shall be filed no later than 30 days after the date of notification of the decision appealed from by filing with the zoning administrator, a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the city council all the papers constituting the record upon which the action appealed from was taken.

2.

Legal proceedings stayed: An appeal stays all legal proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the council after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the council or by a court of record on application, on notice to the zoning administrator, and on due cause shown.

3.

Presentation of evidence: The appellant, and any public agency or private individual shall be entitled to present evidence on matters before the Ty Ty City Council.

4.

Administrative appeal decisions: The Ty Ty City Council may, in conformity with the provisions of these regulations, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination of the zoning administrator.

The city council may hear and decide upon special exceptions as authorized by section 5, schedule of permitted uses, of this ordinance.

1.

Special exception review criteria: The application to establish such Special Exception use shall be approved on a finding by the city council that:

a.

The proposed use will not be contrary to the purpose of this ordinance.

b.

The proposed use will not be detrimental to the use or development of adjacent properties or the general neighborhood nor affect adversely the health and safety of residents and workers.

c.

The proposed use will not constitute a nuisance or hazard because of the number of persons who will attend or use such facility, vehicular movement, noise or fumes generation, or type of physical activity.

d.

The proposed use will not be affected adversely by the existing uses of adjacent properties; and the proposed use will be placed on a lot of sufficient size to satisfy the space requirements of said use.

e.

The parking and all development standards set forth for each particular use for which a permit may be granted will be met.

f.

Provided that the city council may impose or require such additional restrictions and standards (i.e., increased setbacks, buffer strips, screening, etc.) as may be necessary to protect the health and safety of residents and workers in the community, and to protect the value and use of property in the general neighborhood; and provided, that wherever the city council shall find, in the case of any permit granted pursuant to the provisions of this ordinance that any term, conditions or restrictions upon which such permit was granted are not being complied with, the city council shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for a public hearing.

g.

Special exceptions granted by the city council shall be exercised within 12 months from date of approval, shall not be transferable except upon written approval of the city council, or shall become null and void and subject to procedures for resubmission as hereinabove established.

The city council may authorize upon appeal in specific cases such variance from the dimensional standards and development requirements of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of provisions of this ordinance will, in an individual case, result in unnecessary hardship, so that the spirit of this ordinance shall be observed, public safety and welfare secured, and substantial justice done. Provided, however, that a variance shall not be granted for a use of land or building or structure that is prohibited by this ordinance in the district in question.

1.

Variance review criteria: A variance may be granted in an individual case upon finding by the city council that all of the following exists:

a.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography; and

b.

The application of all dimensional standards and development requirements to this particular piece of property would render the particular property unusable; and

c.

Such conditions are peculiar to the particular piece of property involved, or, in the alternative, that such conditions are due to the location of existing utilities, etc.; and

d.

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this ordinance; provided that no variance may be granted for a use of land, building or structure that is prohibited by this ordinance. Applications for use variances shall not be accepted by the zoning administrator. Such requests shall be properly filed as requests for rezoning; and

e.

Provided that the city council may impose or require such additional restrictions and standards (i.e., increased setbacks, buffer strips, screening, etc.) as may be necessary to protect the health and safety of residents and workers in the community, and to protect the value and use of property in the general neighborhood. Provided, that whenever the city council shall find, in the case of any permit granted pursuant to the provisions of this ordinance that any of the terms, conditions or restrictions upon which such permit was granted are not being complied with, the city council shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for a public hearing.

Before making its decision on any administrative appeal, request for a special exception, or request for a variance, the Ty Ty City Council shall hold a public hearing thereon.

1.

Notice of hearing shall be given: At least 15 but not more than 45 days, notice of such required public hearing shall be published in the official legal organ of the City of Ty Ty. In addition, notice of such public hearing shall be sent to the owners of all properties either adjoining or directly across the public right-of-way to the property affected. Said list of property owners shall be supplied by the applicant and is a required part of the application. Failure of the applicant to provide truthful or complete information shall invalidate said application from the beginning. Such required public hearing notice shall contain the name(s) of the appellant or petitioner, the date, time, and place set for the public hearing, and shall contain a brief statement of the nature of the hearing.

2.

Who may appear: Any party may appear at the public hearing in person or by agent or by attorney.

Administrative appeals, requests for permission to establish a use requiring special exception approval, and requests for variances shall be made on forms provided therefore, and all information required on said forms shall be provided by the appellant. Forms shall be filed with the zoning administrator. No form shall be accepted by the zoning administrator unless it contains all pertinent information and is accompanied by the required fee of $100.00 to defray expenses. Once filed, these fees are non-refundable.