(a) As soon as possible after the Board of Zoning Appeals makes any final reviewable decision, the Chief Administrative Officer shall notify, in writing, the Clerk of Council of such action and notify each member of Council, using the electronic mail address they have provided to the Clerk of Council for receiving notices of Council business, or if none, by personal delivery, of the action taken by the Board of Zoning Appeals.
(b) Within fifteen (15) days after receipt of the written notification by the Chief Administrative Officer regarding a final decision made by the Board of Zoning Appeals, any three (3) or more members of Council may, in writing and emailed to the Clerk of Council, with copies provided to each member of Council at their electronic mail address, or if none by personal delivery, in any form or manner such Council members deem appropriate, 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, which shall also include the record to be prepared and provided by the Board of Zoning Appeals to Council, including its decision and conclusions of fact, and the decision of Council shall be final in regard to any exception, variance, interpretation or review of orders of administrative officials, boards or agencies of the Municipality, and a majority of Council shall be required to either affirm or reverse the decision of the Board of Zoning Appeals.
(c) Notice of the hearing by Council shall be given as provided in Section 1109.09 of the Planning and Zoning Code, including to the applicant before the Board of Zoning Appeals that is the subject of the review by Council.
(d) If three (3) or more members of Council fail to request a hearing within fifteen (15) days after receipt of notification of the decision of the Board of Zoning Appeals by the Clerk of Council, the decision of the Board of Zoning Appeals shall be final.
(e) The notice to be provided by at least three (3) members of Council to have such Board of Zoning Appeals' decision reviewed by Council shall provide the name of the applicant, the address of the property that is the subject of the exception, variance, interpretation or review of orders of administrative officials, and which action(s) of the Board of Zoning Appeals will be reviewed by Council, but the failure to include all such information shall not impair Council's review of the decision.
(f) The Clerk of Council shall give notice of the hearing of the request for review by the three (3) or more Council members to the applicant, the law director, and the secretary of the Board of Zoning Appeals. (Ord. 2022-10. Passed 4-11-22.)