Loading...
There is hereby established a planning and zoning commission, consisting of seven (7) members, each to be appointed by the mayor with the approval of the governing body, for a three (3) year term. The mayor shall also appoint a member of the governing body to act as a nonvoting, nonparticipating member in the commission and to report to the council on the activities and actions of the commission. Any member of the planning and zoning commission may be removed for cause by the governing body upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The planning and zoning commission shall hear and decide appeals from, and review any order, requirement, decision or determination made by, the administrative officer charged with the enforcement of this title. It shall also hear and decide all matters referred to it or upon which it is required to pass under this title. (Ord. 2007-22, 11-16-2007)
The commission shall adopt rules in accordance with the provisions of this title. Meetings of the commission shall be held at the call of the chairperson and at such other times as the commission may determine; provided, that the commission shall meet not less than four (4) times per year. The chairperson or, in his/her absence, the acting chairperson, may administer oaths and compel attendance of witnesses. All meetings of the commission are 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 that fact and shall keep records of its examinations and other official actions. All minutes shall be filed immediately in the office of the commission and are public records. (1960 Compilation § 26-104; amd. Ord. 74-16; Ord. 80-7; Ord. 85-1; Ord. 87-3; Ord. 99-11)
A. Appeal: Appeals to the planning and zoning commission may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the administrative officer. Appeals shall be taken within a reasonable time as provided by the rules of the commission by filing with the officer from whom the appeal is taken and with the planning and zoning commission a notice of appeal specifying the grounds therefor. The officer from whom the appeal is taken shall forthwith transmit to the commission all the papers constituting the record upon which the action appealed from was taken.
B. Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the planning and zoning commission, after notice of appeal has been filed with him/her, that by reason of facts stated in the certificate a stay would, in his/her opinion, cause immediate peril to life or property; in which case proceedings shall not be stayed otherwise than by a restraining order, granted by the district court for the fifth judicial district, or a judge thereof, on notice to the officer from which the appeal is taken and on due cause shown.
C. Hearing; Powers: The planning and zoning commission shall fix a reasonable time for hearing the appeal, give public notice, adequate notice to the parties in interest and appear in person or by agent or by attorney. The planning and zoning commission has the following powers:
1. To hear and decide appeals when it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this title.
2. To hear and decide special exemptions to the terms of this title upon which the commission is required to pass.
3. To vary or adjust the strict application of any of the requirements of this title in the case of an irregular, narrow, shallow or steep lot or other physical condition applying to a lot or building as a result of which strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved. No adjustment in the strict application of any provision of this title may be granted by the commission unless it finds:
a. That there are special circumstances or conditions, fully described in the findings of the commission, applying to the land or building for which the adjustment is sought, which circumstances or conditions are peculiar to the land or building and do not apply generally to land or buildings in the neighborhood, and have not resulted from any act of the applicant subsequent to the adoption of July 8, 1952;
b. That, for reasons fully set forth in the findings of the commission, the circumstances or conditions are such that the strict application of the provisions of this title would deprive the applicant of the reasonable use of the land or of the land or building, and that the adjustment as granted by the commission is the minimum adjustment that will accomplish this purpose; and
c. That the granting of the adjustment will be in harmony with the general purposes and intent of this title, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
4. To grant exceptions and variances upon request after a showing that an illegal construction or a nonconforming building or use existed for a period of at least five (5) years in violation of this title and the city has not taken steps toward enforcement.
5. To prepare and recommend to the governing body, a comprehensive plan of public improvements, looking to the present and future development and growth of the city. Such a plan, after its adoption by the governing body, will be known as the master plan.
6. Such plan shall include reasonable requirements in reference to streets, alleys and public grounds within the corporate limits; such requirements to be effective if any such land shall be subdivided after the adoption of such plan.
7. To prepare and recommend to the governing body, from time to time, such changes in the plan or any part thereof as may be deemed necessary by the governing body or by the planning and zoning commission.
8. To prepare and recommend to the governing body, from time to time, plans or recommendations for specific improvements in pursuance of such master plan.
9. To give aid to the city officials charged with the direction of projects for improvements embraced within the master plan, to further the making of such improvements and generally to promote the realization of the master plan.
10. To arrange and conduct any form of publicity relative to its activities for the general purpose of public understanding.
11. To cooperate with county and regional planning commissions and other agencies or groups to further the local planning program and to assure harmonious and integrated planning for the area.
12. To exercise such other powers germane to the powers granted by statute.
D. Decision: In exercising its powers, the commission may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as necessary, and to that end has all the powers of the officer from whom the appeal is taken. (1960 Compilation § 26-104; amd. Ord. 74-16; Ord. 80-7; Ord. 85-1; Ord. 87-3; Ord. 99-11)
E. Vote Required: A concurring vote of a majority of the commission is necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the application on any matter upon which it is required to pass under any ordinance or to effect any variation of this title. (Ord. 2007-23, 11-6-2007; amd. Ord. 2022-22, 12-20-2022)
A. Manner Of Review: The decision of the planning and zoning commission concerning an appeal from an alleged error in any order, requirement, decision or determination made by an administrative official in the enforcement of this title, but not decisions of the commission concerning matters of city planning, may be reviewed by the district court upon appeal taken in the following manner:
1. Any person or persons, jointly or severally aggrieved by any decision of the commission or any taxpayer or any officer, department, board or bureau of the city shall file written notice of appeal with the secretary of the commission within ten (10) days after the decision has been entered on the commission's records, setting forth that the decision is illegal in whole or in part, specifying the grounds of the illegality.
2. Within ten (10) days after filing the notice of appeal with the secretary of the commission, the appellant shall file with the clerk of the district court a transcript consisting of the order, requirement, decision or determination of any administrative official charged with the enforcement of this title, and the commission's decision on the matter, together with a copy of this title and the record of the administrative officer and the commission, covering all their acts in the matter.
3. Upon payment of the necessary fees therefor, the transcripts shall be furnished by the secretary of the commission, and by him/her certified to contain full, true and correct copies of all matters and proceedings required to be included in the transcript. The fees shall be the same as the fees payable to the clerk of the district court on appeal to the supreme court in civil cases.
4. At the time of filing the notice of appeal with the clerk of the district court, the appellant shall execute and file with the clerk of the district court a sufficient bond in a penal sum of two hundred dollars ($200.00), with at least two (2) sureties, to be approved by the judge of the court, conditioned to prosecute the appeal without delay, and if unsuccessful, to pay all costs to which the city is put because of the appeal. The court may order the appellant upon application therefor, to execute and file such additional bond or bonds, as the necessity of the case may require.
5. Within three (3) days after the transcript is filed in the district court, the appellant shall give written notice to the city attorney and to the secretary of the commission that the transcript is filed. The notice shall set a time, not less than three (3) days from the service thereof, for hearing and the district court shall, at that time or at a time fixed by order of the court or judge, hear and determine the appeal.
6. If it appears to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take evidence as it may direct and report to the court. The referee's findings of fact and conclusions of law shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or in part, or modify the decision brought up for review.
B. Costs Against Commission; Conditions: Costs shall not be allowed against the commission, unless it appears to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from. Any costs allowed by the court against the commission shall be paid by the city. (1960 Compilation § 26-104; amd. Ord. 74-16; Ord. 80-7; Ord. 85-1; Ord. 87-3; Ord. 99-11)
Loading...