1159.02 PROCEEDINGS.

   The Planning Commission shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Zoning Ordinance. Meetings shall be held at the call of the chairman and at such other times as the Commission may determine. All meetings 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 fact, and shall keep records of its examinations and other official actions, all of which shall be a public record, and filed in the office of the Commission.

(Ord. 86-260. Passed 12-16-86.)

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.)

1159.04 APPEALS.

   Appeals, pursuant to Section 1159.03(g) and (h), may be taken by any person, firm or corporation, deeming himself or itself to be adversely affected by the decision of the Zoning Administrator regarding the interpretation of this Zoning Ordinance. An appeal shall be made no later than fifteen calendar days after the date on which the Zoning Administrator makes his decision which causes such appeal to be made and shall be accompanied by a fee in the amount of sixty-five dollars ($65.00), which fee shall be refunded if the Zoning Administrator’s decision is wholly reversed. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative officer, whose decision is being appealed, certifies to the Commission, after the notice of appeal has been filed, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. Within its powers, the Commission may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination as in its opinion ought to be done, and to that end shall have all the powers of the officers and bodies from whom the appeal was taken and it may issue or direct the issuance of a certificate.

(Ord. 13-013. Passed 1-15-13.)

1159.05 PROCEDURE.

   (a)   All appeals and applications made to the Commission shall be in writing and on forms prescribed therefor. Every appeal or application for a variance shall refer to the specified provision of the Zoning Ordinance involved and shall exactly set forth the interpretation that is claimed, the use for which the certificate is sought or the details of the appeal, and the grounds on which it should be granted, as the case may be. Each and every decision made by the Commission shall be by resolution and shall contain a full record of the findings of the Commission in the particular case. Each such resolution shall be filed with the City Building and Codes Department by case number.

   (b)   When a notice of appeal has been filed in the proper form with the Commission, the secretary shall immediately place the request for appeal upon the calendar for hearing and shall cause notices, stating the time, place, date and purpose of the hearing to be served personally or by mail, addressed to the parties making the request for appeal at least ten days prior to the date of the scheduled hearing. Notices of the hearing shall also be sent to the owners of all property bounding and abutting upon the land which is the subject of appeal. The Commission, at its discretion, may send out further notices to publicize such hearings.

   The Commission may recess hearings from time to time, and if the time and place of the continued hearing are publicly announced at the time of adjournment, no further notice shall be required.
(Ord. 06-019. Passed 1-17-06.)