The decision of the commission on a conditional use permit or variance may be appealed to the council by the applicant or by any person directly and adversely affected by the decision, in accordance with the following procedure:
(A) The appeal shall be filed with the city clerk on a form furnished by said clerk, accompanied by a fee established by the city council by resolution, no part of which may be refunded. Such appeal must be filed within ten (10) days after the date of the decision of the commission. Such decision becomes final if an appeal is not filed within the time herein specified. (Ord. 1474, 1-8-1991)
(B) Within ten (10) days after the date of filing of the appeal, the city clerk shall transmit the record on appeal to the development services department.
(C) The city clerk and council shall follow the procedure to be followed by the development services department and commission in subsection (B) of this section for use permits and variances. (Ord. 1474, 1-8-1991; amd. Ord. 1654, 6-25-2013)
(D) Within forty (40) days after the filing of an appeal with the city clerk, the council shall hold a public hearing on the appeal at a regular or special meeting of the council. The council may affirm or reverse the decision of the commission and may substitute its decision for that of the commission, based on the record of appeal and the evidence received at the hearing on appeal. The decision of the council on such appeal shall be final. Failure of the council to reach a decision on such appeal within sixty (60) days after the filing of the appeal shall affirm the decision of the commission. (Ord. 1474, 1-8-1991)