Article XII. THE PLANNING COMMISSION  

1.

A planning commission is hereby created. The commission shall be appointed by the governing authority for a term of office concurrent with the term of office of the governing authority. Vacancies shall be filled for the unexpired term of any member.

2.

The planning commission shall adopt rules for the conduct of its business, establish a quorum and procedures, and keep a public record of all findings and decisions. Meetings of the commission shall be at the call of the chairman and at such other times as the commission shall determine. Each session of the planning commission at which an appeal is heard shall be a public meeting.

3.

The planning commission shall have the following powers and duties:

a.

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the building official in the enforcement of this ordinance. All appeals must be made in writing within ten days of notice thereof.

b.

To authorize upon appeal in special cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. A variance from the terms of this ordinance shall not be granted by the planning commission unless and until:

(1)

A written application for a variance is submitted demonstrating:

(a)

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are [not] applicable to other lands, structures, or buildings in the same district.

(b)

That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance.

(c)

That special conditions and circumstances do not result from the actions of the applicant.

(d)

That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district.

(2)

A public hearing shall be held after giving at least 15 days' notice of the hearings in an official newspaper specifying the time and place for said hearing.

(3)

[The] planning commission shall make findings that the requirements of paragraph (1) above have been met by the applicant for a variance; that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; and that the variance will be in harmony with the general purpose and intent of this ordinance. In granting a variance, the planning commission may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance and punishable under article XIII of this ordinance.

c.

To hear and decide the following exceptions to this ordinance after public hearing as provided for in paragraph 3b(2) above:

(1)

To permit the extension of a district where the boundary line thereof divides a lot held by a single ownership at the time of adoption of this ordinance.

(2)

Interpret the provisions of this ordinance in such a way as to carry out the intent and purpose of the plan as shown upon the zoning district map where the street layout on the ground varies from the street layout as shown on this zoning district map.

(3)

Vary the parking regulations by not more than 50 percent where it is conclusively shown that the specific use of a building would make unnecessary the parking spaces otherwise required by this ordinance. In the C-3 district, parking regulations may be varied more than 50 percent where extreme and unusual hardship is shown.

d.

To grant conditional use permits according to the provisions of article X.

e.

Any person or persons aggrieved by any decision of the planning commission may appeal within ten days to the governing authority and the governing authority may affirm, reverse, remand or modify the decision as may be proper. Parties aggrieved by decisions of the governing authority may seek review by a court of record as provided by law.