In cases of appeal or exceptions, the planning and zoning commission shall:
A. Scope: Hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision, grant or refusal made by any official in the administration of this title.
B. Filing; Hearing: Appeals shall be made in writing and filed with the planning and zoning commission setting forth the particulars and the reason for the appeal. Hearing on such cases shall be at such time as set by the planning and zoning commission, and upon not less than fifteen (15) days or more than thirty (30) days' notice to the applicant and officials concerned.
C. Decision: Hear, approve, disapprove or approve with modifications, upon appeal, such exceptions from the terms of these regulations as will not be contrary to the public interest.
D. Conditions: In granting an exception, the planning and zoning commission may attach thereto such conditions regarding the development of the subdivision as it may deem desirable in the interest and furtherance of the purpose of the title.
E. Findings: In order for the property to come within the provisions of this section, it shall be necessary that the planning and zoning commission find the following facts with respect thereto:
1. That there are special circumstances or conditions affecting said property;
2. That the modification is necessary for the preservation and enjoyment of a substantial property right;
3. The granting of the modification will not be detrimental to the public welfare or injurious to other property in the vicinity;
4. No grant or exception shall be authorized unless the planning and zoning commission specifically finds that the condition or situation for which the exception is sought is not so typical or recurrent in nature as to make reasonably practicable the formulation of a general regulation for such conditions or situation.
F. Presence At Meeting: The subdivider or his agent and his engineer shall be present at the meeting. The subdivider's engineer may act as his agent.
G. Appeal To Council: An appellant may further appeal a decision or any conditions thereto, as rendered by the planning and zoning commission to the town council for the same reasons and in like manner as prescribed in subsection A of this section. (2006 Code)