(A) Hearing. The appeal shall be reviewed by the City Council at an appellate hearing and shall be confined to the record. The City Council shall hear oral arguments made by the parties based upon the record of the proceedings before the Commission. The City Council shall not substitute its judgment for that of the Commission as to the weight of the evidence on questions of fact. The City Council may affirm the decision of the Commission or remand the application to the Commission for further proceedings. The City Council may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the Commission’s findings, conclusions, or decisions are:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the authority of the Commission;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(B) Recording. All hearings before the City Council shall be electronically recorded. The City Council shall make all rulings and decisions upon the record. All rulings and orders made at the preliminary hearing and all rulings and decisions made upon the appellate hearing shall be forthwith transcribed with copies sent to all parties.
(Prior Code, § 12-7-5) (Ord. 492, passed 7-14-1987)