In addition to the legislative power granted herein, Council shall have the power to hear appeals and to grant exceptions to and variances in the application of resolutions, ordinances, regulations, measures and orders of administrative officials or agencies governing zoning in the Municipality in such manner as it shall establish by ordinance, provided that no appeal shall be heard, or exception or variance granted by Council until the Board of Zoning Appeals shall have acted upon such request for an exception or variance and upon taking such action, the Board of Zoning Appeals’ secretary shall immediately notify in writing, the Clerk of Council of such action and within fifteen (15) days after receipt of said written notification by the Clerk, any three (3) or more Members of Council, may, in writing, request that the Clerk of Council set a public hearing to review the decision of the Board of Zoning Appeals, in which case the Council shall receive testimony, and consider the evidence presented to Council, and the decision of Council shall be final in regard to the exception or variance request to the Planning and Zoning Code, and a majority of Council shall be required to either approve or deny such requested exception or variance. Notice of the hearing by Council shall be given as provided in the Planning and Zoning Code. If three (3) or more Members of Council fail to request a hearing within fifteen (15) days after notification of the decision of the Board of Zoning Appeals is received by the Clerk of Council, the decision of the Board of Zoning Appeals shall be final.
(Amended 11-8-16)