7-2-9: APPEALS:
   A.   Building Permit Denied; Power Of Council: Whenever a building permit is denied pursuant to this chapter, the city council may, upon appeal filed with it by the owner of the land, and after receiving the advice and recommendations of the planning and zoning commission, grant a permit for building in an area designated on the official map for a street or other public purpose in any case in which the city council finds, upon the evidence and the arguments presented to it, 1) the entire property of the appellant of which the area designated for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit is granted; and 2) balancing the interest of the city in preserving the integrity of the official map and of the comprehensive city plan and the interest of the property owner in the use of his property and in the benefits of ownership, the grant of such permit is required by considerations of justice and equity.
   B.   Failure Or Commission To Report: Failure of the planning and zoning commission to report on the proposal within sixty (60) days after referral of the matter to it is deemed to be the recommendations and advice of the planning and zoning commission. (Ord. 65, 11-7-1995; amd. 2002 Code)
   C.   Hearing; Notice: The city council shall hold a public hearing upon the appeal after notice of the hearing has been published in the official newspaper once at least ten (10) days before the hearing.
   D.   Council Action:
      1.   If the city council authorizes issuance of a permit, it shall specify the exact location, ground area, height, and other details as to the extent and character of the building for which the permit is granted.
      2.   If the city council authorizes issuance of a permit, the council shall have six (6) months from the date of the decision of the city council to institute proceedings to acquire such land or interest therein, and if no such proceedings are started within that time, the city shall issue the permit if the application otherwise conforms to local ordinances. (Ord. 65, 11-7-1995)