(A) Application for appeal. Any aggrieved person or any officer or department of the city affected by a decision of an administrative officer, pertaining to this chapter, may appeal to the City Council, unless otherwise stated within this chapter, by filing an application with the Zoning Administrator. The application shall state the name and address (or city office) of the applicant and the reasons for filing the appeal. The application shall be made within 21 days of the date of the decision which is being appealed. The Zoning Administrator shall then transmit to the Council the complete record of the action for which the appeal is made. Appeals to the Council may be made only in conjunction with an action.
(B) Stay of proceedings. An appeal to the Council stays all proceedings in furtherance of the action appealed unless the officer from whom the appeal is taken certifies to the Council that by reason of facts stated in the certificate of stay, the stay would, in his or her opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed other than by a restraining order granted by the Superior Court on notice to the Zoning Administrator, with due cause shown.
(C) Notice of hearing.
(1) No appeal may be granted by the Council until a public hearing has been held on the application. A notice of time, date, place, and purpose of the hearing shall be published in a newspaper of general circulation, published or circulated within the city at least 15 days prior to the date of the hearing.
(2) If the appeal relates to a decision on a specific site, a similar notice shall be posted in conspicuous places close to the site affected and shall be mailed at least 15 days prior to the date of the hearing to each owner of the property situated within 200 feet of the property to which the appeal relates. The Zoning Administrator shall be responsible for mailing the notice. For the purpose of giving mailed notice, the Board may require the applicant to furnish the names and addresses of all property owners within 200 feet of the property. The failure to receive notice by individual property owners will not necessarily invalidate the proceedings.
(D) Review and decision by the Council. Within 45 days of the date of application, but no sooner than 15 days from the date of public notice, the Council shall hear and decide arguments for appeal to the decision in question. The Council shall consider oral or written statements from the appellant, his or her agent or attorney, the public, and city staff members. The Council shall also study the record of the action from which the appeal is taken. The Council may, by three-fourths majority of the entire Council, approve an appeal or by simple majority, table the appeal. If tabled, the Council shall make a decision on the appeal at its next regularly scheduled meeting. The Council may impose such conditions and safeguards on its decision as it deems necessary to satisfactorily correct the situation in question, but it shall not attempt to infringe upon matters not specifically contained in the appeal.
(E) Notice of Council decision. The Board shall issue a written notice of its decision to all concerned parties and to the Zoning Administrator and the City Clerk, who shall make official record of the decision. The notice shall state the facts of the matter as determined by the Board, the reasons for its decision, and any conditions applied to the decision.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)