§ 27-153. Procedure for appeal.

(a)

The following persons may appeal to the city council any final decision of the community development board with respect to a variance for the property located within the R-1, R-2, R-3, R-4 or R-5 zoning districts:

(1)

The applicant for the variance;

(2)

The owner of any property within three hundred (300) feet, as described in subsection 27-144(c)(2), for which the variance was requested; or

(3)

Any person who appeared orally or in writing before the community development board.

(b)

The notice of appeal shall state the specific error(s) alleged as the grounds for the appeal and shall be filed, along with the filing fee, as passed by resolution of the city council, with the city clerk within thirty (30) days from the date the decision of the applicable board is rendered.

(c)

At its next regular meeting, following all appropriate notice, the city council shall review the record of the hearing conducted by the community development board. No new evidence may be presented unless it pertains to events or circumstances, which have substantially changed since the community development board decision. The city council shall uphold the decision of the community development board unless the council finds that:

(1)

Defects in notice or procedural due process are alleged and proven; or

(2)

The decision of the community development board is not supported by competent substantial evidence and testimony produced at the public hearing; or

(3)

New evidence is available because of substantial changes in circumstance.

(d)

The city council must affirm, modify, or reverse, each appeal of a variance. When the council acts on an appeal of a final decision of the board, that action shall be deemed to be the final action of the city and shall be subjected to no further review by the city council.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 27, 9-7-10)