A home occupation is approved by the city clerk. The criteria for such approval to be whether such home occupation will adversely affect the residential qualities of the location in which it will operate. Without limitation, factors for such decision may be size of building, parking, potential noise, potential nuisance and potential traffic, etc. Any applicant aggrieved by any decision of the city clerk may appeal such decision by filing a written notice of appeal with the city council within ten (10) days of such decision and submitting a two hundred dollar ($200.00) fee to cover the advertising costs. The city clerk shall transmit said notice of appeal to the city council and shall schedule a public hearing on said appeal, to be held at any regular meeting or special meeting of the city council not later than forty five (45) days after the filing of such notice of appeal. The city clerk shall cause the notice to be published in the official newspaper of the city and shall send notice to any landowner within five hundred feet (500') of the property subject to the appeal. At such hearing, the applicant may appear and speak on his own behalf, be represented by counsel, call witnesses and cross examine any witnesses of the city. The city council shall proceed to determine said appeal, and, if it decides in favor of the applicant, it shall pass a motion to that effect and the city clerk shall, on the next business day thereafter, and upon receipt of the proper fee, issue such license. The city council may defer action upon said appeal for not longer than three (3) weeks from the date of the public hearing. If the city council upholds the city clerk's decision, the applicant may appeal such decision by filing an action with the district court. (1984 Code § 3-9-6)