In addition to the duties and powers set out in article XVIII of this chapter, the city planning commission shall have the following powers and duties:

(1)

Variances. The planning commission shall hear and decide applications for variances from the development requirements of this article, but only where the reason of exceptional narrowness, shallowness or shape of a specific piece of property, which at the time of adoption of the ordinance from which this article is derived, was a lot or plat of record; or where, by reason of exceptional topographic conditions or other extraordinary conditions of a piece of property, the strict application of the development requirements of this article would result in practical difficulties to, or undue hardship upon the owner of such property. In granting a variance, the planning commission may attach such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable so the purpose of this article shall be served. However, the planning commissioner shall not be authorized under this section to grant a density or use variance to permit a use in a district in which the use is prohibited, nor shall the planning commission change a lot size. No variance shall be authorized unless the planning commission finds all of the following conditions exist:

a.

The special circumstances or conditions applying to the building or land in question are peculiar to such premises and do not apply generally to other land or buildings in the vicinity.

b.

The granting of the application is necessary for the preservation and enjoyment of a property right and not merely to serve as a convenience to the applicant.

c.

The condition from which relief of a variance is sought did not result from action by the applicant.

d.

The authorizing of the variance shall not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, danger of fire, imperil the public safety, unreasonably diminish or impair established property values within the surrounding areas in any other respect impair the health, safety, comfort, morals or general welfare of the inhabitants of the city.

(2)

Appeals. The planning commission shall hear and decide appeals where there is an adverse effort to the appellant in any order, requirement, development or building permit decision, determination or refusal made by the enforcement officer or other administrative officials in the administration or enforcement of any provisions of this chapter. Such appeals shall be in accordance with the following:

a.

An appeal to the planning commission may be taken by any person, firm or corporation aggrieved or by any governmental officer, department, board or agency effected by any decision of the enforcement officer with respect to this article. Such an appeal shall be made within ten days following notification of the decision to be appealed, by filing with the enforcement officer a notice of appeal and specifying the grounds of the appeal. The enforcement officer shall immediately transmit to the planning commission all the papers constituting the record upon which the action to be appealed was taken.

b.

An appeal delays all legal proceedings in furtherance of the action to be appealed unless the enforcement officer certifies to the planning commission, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate a delay would, in his opinion, cause imminent peril to life and property. If this is the case, proceedings shall be delayed only by a restraining order which may be granted by a court of competent jurisdiction.

c.

The appellant and any public agency or private individual shall be entitled to present evidence on matters before the planning commission.

d.

The planning commission may, in conformity with this article, reverse, affirm, wholly or partially, may modify the order, requirement, decision or determination to be appealed and to that end shall have all the powers of the enforcement officer. The planning commission may direct the issuance of a permit. It shall be the duty of the enforcement officer to carry out the decisions of the planning commission.

(3)

Interpretation of this chapter. In cases where there is a question about the intent or purpose of this zoning ordinance, the planning commission shall be asked to render a decision on the intent or purpose, and to hear and decide the following exceptions to the terms of this chapter, provided such exceptions shall impose appropriate conditions and safeguards:

a.

Zoning district boundary interpretations as provided in section 32-35.

b.

Temporary use.

c.

Interpretation of uses not listed in table 32-61.

(Ord. of 4-20-2006, att.(22.3))

(a)

Within 45 days of receiving application, the planning commission shall hold a public hearing to hear public comments. Notice of the public hearing shall be published in the newspaper of general circulation for the city in which is carried the legal advertisements of the city be advertising the application and date, time, place and purpose of the hearing at least 15 days and not more than 45 days prior to the date of the first hearing of the planning commission. After the closure of the public hearing, the planning commission may take immediate action on the application or postpone action for up to 14 days after the hearing date. The planning commission shall then act on all requests for variances, appeals, and special exceptions.

(b)

Application for a hearing and decision on requests for variances, appeals, special exceptions and conditional uses shall be filed with the enforcement officer on forms provided by the city at least 30 days prior to the meeting at which a request is to be heard. Each application shall contain such information as the enforcement officer may require as to enable the planning commission to make an informed decision. Each application for a variance shall include a plat drawn to scale showing the following information:

(1)

All property lines, with dimensions.

(2)

Location of buildings and other structures, creeks and easements referenced to the property line of the tract or parcel.

(3)

North arrow, land-district, and land lot markers.

(4)

Location of setback lines or other dimensional requirements from which the variance is sought.

(Ord. of 4-20-2006, att.(22.4))

The enforcement officer shall provide such technical and clerical assistance as the planning commission may require and shall maintain permanent and complete records of the activities of the planning commission.

(Ord. of 4-20-2006, att.(22.5))

To defray a portion of the costs incurred by this process, no appeal from the decision of the enforcement officer and no application for a special exception, variance, or conditional use shall be entered on the agenda of, heard by or ruled by the planning commission until there has been paid to the office of the planning commission by the appellant, an administrative fee for either residential rezoning variance or commercial rezoning variance, in an amount as set by the city council from time to time. No fee shall be required for an interpretation of this chapter when there is a variation between the street layout on the ground and the street layout as shown on the official zoning map. No officer, agent or employee of the city acting in his official capacity, nor shall any agency of the city be required to pay a fee under this article.

(Ord. of 2-6-2006; Ord. of 4-20-2006, att.(22.6))

Any party aggrieved by a final judgment or decision of the planning commission may, within 30 days of the decision, appeal to the superior court. The appellant shall furnish the planning commission written notice of appeal specifying the judgment or decision to be appealed.

(Ord. of 4-20-2006, att.(22.8))