Every applicant or interested party who appeared at any hearing held and conducted by the Zoning Board of Appeals may appeal the decision of the Zoning Board of Appeals to the City Council by filing a notice of appeal with the Zoning Administrator within 30 days of the date of the decision specifying with particularity of the grounds for appeal. Not more than five working days after the notice of appeal has been filed, the Zoning Administrator shall transmit the notice of appeal to the Zoning Board of Appeals and the City Council together with all records pertinent to the case. The appeal hearing before the City Council shall be set by the Mayor for hearing at a regularly scheduled City Council meeting to be held not less than 15, nor more than 45 days from the date of the notice of appeal. Pending the decision of the City Council on any appeal, the Mayor may by written notice to the interested parties stay the effective date of the decision appealed from if the Mayor determines a stay is necessary or appropriate to achieve a fair and just outcome. Every interested party who appeared at the hearing before the Zoning Board of Appeals may appear before the Council and present arguments for affirming, reversing, or modifying the decision of the Zoning Board of Appeals, provided that no evidence which was not presented to the Zoning Board of Appeals shall be introduced. The City Council shall render a decision on the appeal within a reasonable time after the appeal hearing. The City Council may affirm or reverse and hold apart or may modify or amend the decision of the Zoning Board of Appeals to the extent and the manner that it deems appropriate. The decision of a majority of the City Council shall be final. Copies of the decision shall be mailed by first class mail to the applicant and to all parties who appeared at the appeals hearing before the City Council and requested copies of the decision. The decision of the City Council shall constitute a final decision of an administrative agency rendered in respect to the matter appealed.
(Ord. O-2014-06, passed 8-11-14; Am. Ord. O-2015-02, passed 5-11-15; Am. Ord. O-2020-28, passed 10-26-20)