A. Organization; Meetings; Records:
1. The planning and zoning commission shall organize and elect a chairman and adopt rules in accordance with the provisions of this title.
2. Meetings of the commission shall be held at the call of the chairman and at such other times as the commission may determine. The chairman or, in his absence, the acting chairman, shall conduct all meetings and may administer oaths and compel the attendance of witnesses. All meetings of the commission shall be open to the public. The commission shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such facts, and shall keep records of its examinations and other official acts, all of which shall be filed immediately in the office of the commission and shall be a public record. "Robert's Rules Of Order" shall be followed in the conduct of meetings wherever applicable.
B. Powers And Duties: The planning and zoning commission shall have judicial power to interpret the provisions of this title. The commission shall also have administrative duties to grant variances and special exceptions or conditional use permits, as follows:
1. Intent: It is the intent of this provision to provide a way whereby applicants who think that the zoning administrator is in error or does not interpret the provision of this title correctly, to obtain a relief from such error in an expeditious and inexpensive manner without having to resort to the courts.
2. Duty To Interpret: The planning and zoning commission shall hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision, or refusal made in the enforcement of this title. The planning and zoning commission shall also interpret the zone map and boundaries therefor in cases of dispute or disagreement.
C. Grant Variance: The planning and zoning commission may authorize, upon appeal, variances from the terms of this title pertaining to area and width of lot, size of yards, and height and size of buildings where, owing to special conditions peculiar to the property, a literal enforcement of the provisions of this title would result in a hardship which is unnecessary in carrying out the intent of this title. Before any variance may be granted, however, it must be shown that:
1. The variance will not substantially affect the comprehensive plan of zoning and that adherence to the strict letter of this title will cause difficulties and hardships upon the petitioners which are unnecessary in order to carry out the purposes of this title.
2. Special circumstances attach to the property owned by the applicant that do not apply to other property in the same zone.
3. That because of said special circumstances, property covered by the application is deprived of privileges possessed by other properties in the same zone; and that the granting of the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone.
4. That the difficulties and hardships were not created by an act of the appellant subsequent to the effective date of the regulation from which appealed.
D. Grant Certain Special Exceptions Or Conditional Uses:
1. Intent: There are certain uses which are not permitted within particular zones unless they are made to comply with conditions which are compatible with other uses in the same zone. It is the intent of this provision to authorize the planning and zoning commission to use its discretion in prescribing these conditions. However, the planning and zoning commission may not authorize a conditional use unless such use is specifically permitted by the terms of this title.
2. Duty To Prescribe Conditions In Connection With Special Exceptions Or Conditional Uses: The planning and zoning commission shall hear and decide requests for "special exceptions" but only when authorized by the terms of this title to do so. In deciding whether or not to grant a special exception, the commission shall be guided by the conditions set forth in this title with respect thereto, which conditions shall be deemed to be the minimum standards which must be complied with.
E. Attaching Reasonable Conditions: The planning and zoning commission may attach reasonable conditions or requirements to the grant of a variance, special exception, or conditional use which the petitioner must comply with as a condition of the grant or approval. A time limit of one year shall be attached to the exercise or nonexercise of any grant unless specifically extended by action of the commission.
F. Reverse Or Affirm Zoning Administrator: In performing the duties and powers as set forth herein, the planning and zoning commission is hereby empowered to reverse or affirm wholly or partly or modify the order, requirement, decision, or determination of the enforcing officer and may make such order or requirement as ought to be made; provided, however, that in interpreting and applying the provisions of this title, the requirements contained herein shall be deemed to be the minimum requirements for the purpose set forth.
G. Authority Limited: The powers and duties of the planning and zoning commission are limited to judicial and administrative matters as set forth in this title. The planning and zoning commission shall not have the authority to amend this title nor to correct what it may consider to be an unwise requirement. Nevertheless, the planning and zoning commission shall have powers and duties as set forth in this title and within the limitations and intent of the provisions of this title shall perform its duties and shall have the power to perform those acts as herein set forth.
H. Vote: The concurring vote of three (3) members of the commission shall be necessary to decide upon any matter upon which it is required to pass. (Ord. 199, 11-14-1983)
I. Application To Appear Before Commission:
1. Filing Request; Fee: Any citizen or person, or any officer or department of the municipality may appeal to the planning and zoning commission by filing a request in writing with the zoning administrator and by paying a fee as set by the city council, provided such appeal is made within thirty (30) days from the grant or refusal of a building permit by the zoning administrator. The request to appear before the planning and zoning commission shall be made on forms furnished by the zoning administrator. (Ord. 199, 11-14-1983; amd. 2011 Code)
2. Procedure:
a. Upon receipt of the application, the zoning administrator shall forthwith transmit to the planning and zoning commission all papers constituting the record upon which the action appealed from was taken. The planning and zoning commission shall review the application and shall return the same to the zoning administrator with its decision pertaining thereto within thirty (30) days. Failure to return said application within thirty (30) days shall constitute approval. An appeal stays all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the planning and zoning commission after the notice of appeal shall have been filed with him that by reason of fact stated in the certificate a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by restraining order which may be granted by the planning and zoning commission or by the district court on application and notice to the zoning administrator and on due cause shown.
b. The planning and zoning commission shall fix a reasonable time for the hearing of the appeal, give public notice thereof by publication of notice at least five (5) days prior to the date of hearing, as well as notice by mail to adjacent property owners, and decide the same within a reasonable time. Any party may appear at the hearing, in person, or by agent or by attorney.
J. Action Of Commission: The planning and zoning commission shall make determinations in harmony with the provisions of this title and shall notify the zoning administrator of the action taken.
(Ord. 199, 11-14-1983)