All final orders and decisions of the Planning Commission and the Board of Zoning Appeals may be appealed to Council as follows:
(a) Planning Commission: The Secretary of the Planning Commission shall forward to Council all final orders and decisions of the Planning Commission which Council must pass upon not later than the next regular Council meeting. Council may thereafter affirm, modify or reverse the order of the Planning Commission, or may refer the matter back to the Planning Commission upon such terms and conditions and for such reasons as Council may decide. A vote of not less than four (4) members of council shall be required to reverse or modify the order of the Planning Commission, or to refer the matter back to the Planning Commission for further proceedings.
(b) Board of Zoning Appeals: Every final order and decision of the Board of Zoning Appeals shall be certified by the Secretary of the Board of Council at its next regular meeting following the date of such order. Council, by motion, either shall affirm, modify or reverse the order of the Board, or may refer the order back to the Board as Council may decide for further proceedings. Not less than five (5) affirmative votes shall be necessary to reverse or modify the Board’s order, or to refer it back for further proceedings. If Council fails to act for two (2) regular Council meetings next following the date of the final order of the Board of the Board shall be final.
The order of Council shall be the order of the Board, if Council takes action and any further proceedings shall be taken from the order of the Board, either as decided or as modified or reversed if Council takes action.
(Ord. 7641-04. Passed 9-7-04.)