Council shall:
(a) In appropriate circumstances, consider removing a member of Planning Commission pursuant to the criteria and procedures set forth in Article XI, Section 10 of the Charter.
(b) Act upon recommendations of the Planning Commission to amend this Zoning Ordinance or the Zoning District Map.
(c) When it deems appropriate, initiate amendments to this Zoning Ordinance or the Zoning District Map and submit its recommendations for amendments to the Planning Commission.
(d) (1) Upon determining that it will consider an appeal, decide appeals of decisions of the following boards and commissions. If during consideration of such an appeal Council finds that the facts presented by the appealing party differ materially from the written findings of fact issued by the Planning Commission, the Board of Zoning Appeals or the Uptown Review Board, it may return the matter before it on appeal to the commission or board from which it was appealed for further consideration.
A. Board of Zoning Appeals – The following decisions of the Board of Zoning Appeals are appealable to Council:
1. Affirmance or reversal of decisions of the Zoning Officer in disapproving applications for zoning certificates or applications for sign permits.
2. Advisory opinions on alleged violations of this Zoning Ordinance.
3. Grant or denial of variances from the development standards of this Zoning Ordinance.
4. Grant or denial of applications for the expansion, substitution or reconstruction of a non-conforming use.
B. Planning Commission – The following decisions of the Planning Commission are appealable to Council:
1. Approval, approval with modifications, or disapproval of applications for site plans.
2. Grant or denial of conditional use permits.
3. Grant or denial of revocation of previously issued conditional use permits.
4. Approval or disapproval of variances in connection with subdivision or site plan approvals.
5. Disapproval or approval with modifications of Development Plans for developments in planned districts.
C. Uptown Review Board – The following decisions of the Uptown Review Board are appealable to Council:
1. Grant or denial of certificates of appropriateness.
2. Grant or denial of variances from the Sign Code for permits within the Uptown District.
(2) An appeal of any decision which is appealable under subsection (d)(1) above may be filed by:
A. Any party aggrieved or affected by the decision;
B. The administrative staff of the City; or
C. A member of Council.
The appeal must be in writing and filed with the City Manager, no later than ten days after the decision complained of is issued, or where there has been a failure to issue a decision, after 90 days has transpired for the Planning Commission, Board of Zoning Appeals or the Uptown Review Board to issue a decision required of it to be issued. The appeal must provide a statement of reasons for the appeal including any alleged errors.
(3) The City Manager shall submit the appeal to Council within a reasonable time following the filing of the appeal. In determining whether to hear the appeal, Council may clarify the basis for the appeal by discussing the matter and/or asking questions of the applicant and/or appealing party. The concurrence of a majority of the members elected or appointed to Council is required on the question of whether the appeal shall be considered. Should such a majority not approve consideration of the appeal, the decision of the board or commission is deemed final and binding. If Council approves consideration of the appeal, Council shall hear the appeal within a reasonable time. At the hearing of the appeal before Council, the person(s) filing the appeal may be required to present the appeal. The applicant and persons both in favor and opposed to the appeal, including members of the board or commission whose decision was appealed, shall be granted the opportunity to address Council, provided input shall be limited to 15 minutes to those in favor of the appeal and 15 minutes to those opposed, unless extended by Council. The concurrence of two-thirds of the members elected or appointed to Council is required for Council to reverse or modify a decision of the Planning Commission, Board of Zoning Appeals or the Uptown Review Board, and absent such a two-thirds majority, the decision of the commission or the board is affirmed. All such appeals shall be decided within a reasonable time after Council approves consideration of the appeal.
(Ord. 04-53. Passed 12-7-04.)