A. General: The City Council shall consider administrative appeals where it is alleged that an error has been made by the Commission in considering any application for a certificate of appropriateness or variance from the terms of this Chapter.
B. Administrative Appeals: Appeals to the City Council concerning interpretation or administration of these provisions may be taken by any person aggrieved by any decision of the Commission. Any appeal from a decision or action of the Commission shall be taken within twenty (20) days after the decision of action by filing with the Commission and with the City Council a notice of appeal specifying the grounds upon which the appeal is being taken. The Commission shall transmit to the City Council all the papers constituting the record upon which the appeal is based.
C. Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action taken unless the Commission certifies to the City Council, after the notice of appeal is filed with it, that by reason of facts stated in the application, a stay would, in its opinion, cause imminent peril to life and property within the Historic District. In this case, proceedings shall not be stayed other than by a restraining order which may be granted by the City Council or by a court based upon an application, with notice to the Commission showing due cause.
D. Procedure On Appeal: Upon receipt of an appeal from the action of the Commission, the City Council shall set a hearing date to consider all information, testimony and Commission's minutes to reach a decision to uphold, conditionally uphold or overrule the action of the Commission. The City Council may overrule the Commission only by a favorable vote of one-half (1/2) plus one of the full Council. (Ord. 270, 9-8-1998)