(A) Action by City Council.
(1) Within 35 days following the receipt of any appeal under this chapter, or at the first regularly scheduled City Council meeting that has not been fully subscribed or such further time to which the applicant may agree, the City Council shall consider such appeal and shall hear a report from the Planning and Zoning Commission. The City Council shall uphold the decision of the Planning and Zoning Commission, overturn the decision with or without modifications or conditions, or remand the application to the Planning and Zoning Commission for further review. In considering appeals, the City Council shall apply the same standards as those applied by the Planning and Zoning Commission, but it is recognized that the City Council shall apply such standards in the context of its broader responsibility in promoting, and broader perspective of, the public health, safety, welfare and in the context of its fiduciary responsibility.
(2) The failure of the City Council to consider the appeal within the time period prescribed or such further time period to which the applicant may agree shall be deemed to be an affirmation of the determination of the Planning and Zoning Commission.
(B) Appeal Procedures. The City Council may establish procedures from time-to-time for the conduct of any appeal. Such procedures may be modified in the discretion of the City Council in order to foster the gathering of information necessary to ensure that the purposes of this Chapter are achieved and to provide full and fair hearing and consideration of the issues on appeal.
(C) Remand to Planning and Zoning Commission. In the case of a vote by the City Council for remand of an application, the Chairman of the Planning and Zoning Commission shall be so notified and shall schedule the matter for a new public hearing at the next regularly scheduled Planning and Zoning Commission meeting for which adequate time is available to provide the required public notice under § 155.05(C)(4)(a), or such later time to which the applicant may agree. In all other respects, the hearing on remand shall be conducted in the same manner as any other hearing under § 155.05(C). If the hearing on remand is not commenced within 60 days after the City Council's decision to remand, however, the application shall be deemed approved.
(D) Reversal of decision. In the case of a vote by the City Council to overturn, in whole or in part, the decision of the Planning and Zoning Commission, written findings shall be prepared in support of the City Council's decision and a copy of said findings shall be provided to the Planning and Zoning Commission.
(Ord. 13-22, passed 4-23-13)