(A) Generally. The Commission shall hear and decide appeals from, and review any order, requirement, decision or determination made by, the administrative official charged with the enforcement of the Zoning Code.
(B) Matters referred to Commission. The Commission shall also hear and decide all matters referred to it upon which it is required to pass under the Zoning Code.
(C) Power to reverse or affirm. The Commission may reverse or affirm, wholly or partly, or may modify or amend, the order, requirement, decision or determination appealed from, which does not involve a variation, conditional use or zoning change, without approval of Council, to the extent and in the manner that the Commission may decide to be fitting and proper in the premises, and to that end the Commission shall also have the powers of the Officer from whom the appeal is taken, provided that in any case which involves the interpretation of the Zoning Code, the designated city official, or any other officer of the city from whom the appeal is taken, or the Executive Secretary and/or the Chairperson of the Commission, shall request a letter of opinion from the City Attorney regarding the matter before the Commission, and the Commission will consider that letter as part of the evidence in making a final determination in any matter before the Commission.
(D) Hearings for variations. The Commission shall hear applications for variations from the terms of the Zoning Code in the manner and subject to the standards hereinafter prescribed.
(E) Hearings for conditional uses. The Commission shall hear applications for conditional uses as required by the Zoning Code in the manner and subject to the standards hereinafter prescribed.
(F) Amendment power reserved to Council. Nothing in this section shall be construed to give or grant to the Commission the power or authority to alter or change the Zoning Code or the zoning map, the power and authority being reserved to Council.
(G) Determinations of Commission. In any appeal for a conditional use, a proposed variation to this Zoning Code and/or a zoning change, the Executive Secretary shall prepare and forward a resolution on that matter, and if the Commission members vote in favor of the applicant then the Executive Secretary shall also prepare and forward a proposed ordinance on that matter to the City Clerk for final consideration by Council. The concurring vote of four members of the Commission is necessary to either reverse or affirm an order, requirement, decision or determination of the officer from whom the appeal is taken, or to decide in favor of or against the applicant on any matter upon which it is authorized by the Zoning Code to render a decision. In the event that four votes cannot be obtained either in favor of or against any matter before the Commission, requiring the final consideration of Council, and there is a quorum present (at least four members of the Commission), the Executive Secretary shall forward the resolution and proposed ordinance to the City Clerk for presentation to Council without any specific recommendation from the Commission, the members of Council may give what weight they feel is appropriate to the facts presented in the resolution and the vote taken by the Commission to reach a final decision.
(Ord. 17-34, passed 9-12-2017)