§ 158.300  CITY COUNCIL POWER OF ADMINISTRATIVE REVIEW.
   (A)   Immediately following the filing of the written decision of the Zoning Hearing Officer on any appeal or variance request under this section, staff shall file a report with the City Council concerning such action. Within 21 days after the Zoning Hearing Officer’s decision, the City Council, upon majority vote, may exercise the power of administrative review of any Zoning Hearing Officer decision on an application for an appeal or variance.
   (B)   Upon adoption of the motion to exercise the power of review, the City Council may act on the matter directly or first refer the matter to committee. Before acting on the variance or appeal, the City Council may set the matter for hearing before the committee or the City Council. The City Council will give written notice of any such hearing to the applicant and all other persons who appeared and spoke at the public hearing before the Zoning Hearing Officer. In addition, the City Council may, in its discretion, notify and allow to be heard at the hearing any other person who the Council believes may be aggrieved by any decision or action concerning the application.
   (C)   Following its review, the City Council may affirm, reverse or modify, in whole or in part, any determination of the Zoning Hearing Officer. An affirmative majority vote of the City Council shall be required to overturn or modify a decision by the Zoning Hearing Officer. The decision of the City Council shall be made within 45 days of the Zoning Hearing Officer vote, unless extended for specified cause by a majority vote of the Council, or the Zoning Hearing Officer decision shall become final. In making any decision, the Council may adopt and rely on the record of the Hearing Officer or may hold a new hearing to establish a record for final decision.
   (D)   Unless the City Council exercises its power of review of administrative review, the decision of the Zoning Hearing Officer shall become effective after 21 days following its decision.
(Ord. 3382, passed 11-7-2005; Ord. 3561, passed 2-4-2008)