(a) Appeals Board Established. The Planning Commission shall hear and decide all appeals and requests for variance from the requirements of this chapter. The Planning Commission shall keep minutes of its proceedings showing the vote and shall keep records of all official actions. Records of the Planning Commission shall be kept and filed in the Director of Public Service Office.
(b) Powers and Duties.
(1) The Planning Commission shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Director of Public Service in the administration or enforcement of these regulations.
(2) Authorize variances in accordance with subsection (d) hereof.
(c) Appeals.
(1) Any person affected by any notice and order, or other official action of the Director of Public Service may request and shall be granted a hearing on the matter before the Planning Commission provided that such person shall file, within thirty days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Director of Public Service’s decision. Such appeal shall be in writing, signed by the applicant, and be filed with the Director of Public Service. Upon receipt of the appeal, the Director of Public Service shall transmit said notice and all pertinent information on which the Director of Public Service’s decision was made to the Planning Commission.
(2) Upon receipt of the notice of appeal, the Planning Commission shall fix a reasonable time for the appeal, give notice in writing to parties in interest, and decide the appeal within a reasonable time after it is submitted.
(d) Variances. Any person believing that the use and development standards of these regulations would result in unnecessary hardship may file an application for a variance. The Planning Commission shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with Federal regulations, as will not be contrary to the public interest where, owning to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.
(1) Application for a variance.
A. Any owner, or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Director of Public Service, who upon receipt of the variance shall transmit it to the Planning Commission.
B. Such application at a minimum shall contain the following information: Name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.
(2) Notice for public hearing. The Planning Commission shall schedule and hold a public hearing within thirty days after the receipt of an application for a variance from the Director of Public Service. Prior to the hearing, a notice of such hearing shall be given in one or more newspapers of general circulation in the community at least ten days before the date of the hearing.
(Ord. 04-29. Passed 12-20-04; Ord. 16-06. Passed 5-2-16.)