1159.03 DUTIES.

   For the purpose of this Zoning Ordinance, the Planning Commission shall have the following duties and powers:

   (a)   Initiate proposed amendments to this Ordinance;

   (b)   Review all proposed amendments to this Ordinance in accordance with Chapter 1161 and make recommendations to Council;

   (c)   Review all planned unit developments and make recommendations to Council in accordance with Chapter 1185.

   (d)   Review all site plans whenever specifically required elsewhere in this Ordinance.

   (e)    Review site plans and storm drainage plans for any multifamily or nonresidential development of previously undeveloped land if a variance or conditionally permitted use approval is required.

   (f)   Review any site plan for any development when deemed necessary by the Zoning Administrator, particularly where such development would result in an increase in impervious surface on the lot, an increase in the need for off-street parking or would have an impact on traffic flow or circulation in the immediate area.

   (g)   Hear and decide all appeals from any decision or action of the Zoning Administrator or any other administrative official in carrying out or enforcing any provisions of this Ordinance.

   (h)   Where there are practical difficulties or unnecessary or particular hardships in carrying out the strict letter of this Ordinance, the Commission shall have the power, upon appeal, to authorize a variance from the strict application of the provisions of this Ordinance where evidence is submitted showing that:

      (1)   By reason of exceptional narrowness, shallowness, shape or area of a specific piece of property, or by reason of exceptional topographic conditions or other extraordinary physical land conditions applying to the property involved or the intended use or development of the property that does not generally apply to other properties or uses within the same zoning district or neighborhood, the strict application of the provisions of this Ordinance would result in practical difficulties or unnecessary hardship inconsistent with the general purpose and intent of this Ordinance; and

      (2)   Granting of such variance will not be of substantial detriment to the public interest or to property or improvements in such district in which the variance is sought, and will not materially impair the purpose of this Ordinance. In granting a variance, the Commission may attach such conditions or safeguards as it deems necessary to protect the public health, safety or welfare and to further the purposes and intent of this Ordinance.

   (i)   Permit uses not expressly permitted under this Ordinance, if they are similar in nature to permitted or conditionally permitted uses.

   (j)   Permit one- and two-family dwellings in any district if it can be demonstrated that such use is in keeping with the character of the area and would not be detrimental to future expansion of nonresidential uses in the district.

      (Ord. 06-019. Passed 1-17-06.)