(A) If the Commission does not recommend approval of the proposed zone change, or the Commission fails to act within the applicable time limits, the applicant may appeal the proposal to the Council by filing written notice of appeal with the Secretary of the Commission. The appeal must be filed no later than ten working days from the date of decision or ten working days after the expiration of the Commission’s time limits.
(B) Upon receipt of the appeal, the Commission shall make a report to the Council disclosing in what respect it failed to find that the public necessity, convenience, general welfare or good zoning practice required the change or amendment involved. The Council may grant any appealed application, but before making any change in the recommendation of the Commission, the Council must conduct a public hearing thereon with notice as provided in this chapter and must make a written finding of fact setting forth wherein the Commission’s findings were in error.
(C) The procedure of the Council in effecting a change of amendment initiated by resolution of intention, rather than by application of property owners, which has been disapproved by the Commission, shall be the same as that set forth for the granting of an appealed application.
(`78 Code, § 17.104.130.) (Ord. 2533 § 6, 2001; Ord. 1890 § 2, 1988.)