§ 8. Planning and zoning commission: Powers and duties.

The Planning and Zoning Commission shall have the following powers and duties:

1.

Administrative review: To hear and make recommendations to the City Council where it is alleged there is error in any order, requirement, decision, or determination made by the administrative official in the enforcement of this ordinance.

2.

Special exceptions: Conditions governing applications; procedures. To hear and decide only such special exceptions as the Planning and Zoning Commission is specifically authorized to pass on by the terms of this ordinance; to decide such questions as are involved in determining whether special exception should be granted; and to recommend special exceptions with such conditions and safeguards as are appropriate under this ordinance, or to deny special exceptions when not in harmony with the purpose and intent of this ordinance. A special exception shall not be recommended by the Planning and Zoning Commission unless and until:

a)

A written application for a special exception is submitted indicating the section of this ordinance under which the special exception is sought and stating the grounds on which it is requested;

b)

Notice shall be given at least fifteen (15) days in advance of public hearing. The owner of the property for which special exception is sought or his agent shall be notified by mail. Notice of hearings shall be posted at the City Hall, and in one (1) other public place at least fifteen (15) days prior to the public hearing;

c)

The public hearing shall be held. Any party may appear in person, or by agent or attorney;

d)

The Planning and Zoning Commission shall make a finding that it is empowered under the section of this ordinance described in the application to recommend the special exception, and that the granting of the special exception will not adversely affect the public interest;

e)

Before any special exception shall be issued, the Planning and Zoning Commission shall make written findings certifying compliance with the specific rules governing individual special exceptions and that satisfactory provision and arrangement has been made concerning the following, where applicable:

1)

ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;

2)

off-street parking and loading areas where required, with particular attention to the items in (1) above and the economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the districts;

3)

refuse and service areas, with particular reference to the items in (1) and (2) above;

4)

utilities, with reference to locations, availability, and compatibility;

5)

screening and buffering with reference to type, dimensions, and character;

6)

signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;

7)

required yards and other open space;

8)

general compatibility with adjacent property and other property in the district.

3.

Variances; conditions governing applications; procedures. To recommend to the City Council in specific 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 recommended by the Planning and Zoning Commission unless and until:

a)

A written application for a variance is submitted demonstrating:

1)

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;

2)

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;

3)

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

4)

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.

No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or non-conforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

b)

Notice of public hearing shall be given as in section (2)(b) above;

c)

The public hearing shall be held. Any party may appear in person, or by agent or by attorney;

d)

The Planning and Zoning Commission shall make findings that the requirements of section (3)(a) have been met by the applicant for a variance;

e)

The Planning and Zoning Commission shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure;

f)

The Planning and Zoning Commission shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

In recommending any variance, the Planning and Zoning 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 section 13 of this ordinance.