A. The city planning and zoning commission shall act in an advisory capacity to the board of appeals in any appeal taken under the provisions of this title, but shall exercise no judicial or legislative authority in so doing. For that purpose it shall be the duty of the commission to hold an open hearing on all matters appealed to the board of appeals in advance of the hearing by the board. Each party to the appeal shall be given three days' notice in writing of such hearing.
B. It shall be the duty of the building inspector to present a statement of the controversy being appealed to the commission.
C. Any person who is a party to the appeal and any officer, department, board or bureau of the city affected by the decision appealed shall have the right to be heard before the planning and zoning commission.
D. The city planning and zoning commission shall have the power to promulgate rules and regulations governing hearings held by it under this chapter. At the conclusion of the hearing the planning and zoning commission shall, by a majority vote, recommend to the board of appeals that the action appealed from either be sustained, reversed or reversed in part. Such recommendation shall be advisory only and may be considered by the board of appeals in considering the appeal, but shall not be binding upon it.
E. Nothing contained in this section shall prevent the board of appeals from hearing and determining any appeal taken under this title without having received the recommendation of the city planning and zoning commission, if a report by the commission has not been submitted to the board within fifteen days from filing of the notice of appeal as provided in subsection A of this section. (Prior code § 11-3-9 (e)(2-5))