Section 4.02. The council.

Sec. 106-48. Appeal from decisions of board of appeals.

Any person aggrieved by a decision of the board of appeals shall, within ten days from the date such decision is rendered, file a written request/appeal with the clerk of council of the city for a review by the city council of such decision. A request/appeal filed by the applicant and/or property owner shall have the signatures of both the applicant and the property owner(s), and be accompanied by the appropriate filing fee. For the purposes of this section, the applicant and/or property owner(s) may be represented by a duly authorized representative. A request/appeal by the opposition may be filed with only the signature of the person in opposition and does not require a filing fee. Upon receipt of the written request/appeal, the clerk of council shall immediately send the request/appeal and any supporting documents submitted with the request/appeal to the board of appeals. Upon receipt of the written request/appeal, the board of appeals staff shall prepare for the clerk of council a letter acknowledging the request/appeal and shall send such letter to the person aggrieved and shall send copies of such letter to all persons who publicly addressed the board members at the public hearing before the board of appeals. After such review the city council shall either affirm, modify, reverse or remand the decision rendered by the board of appeals. Any person aggrieved by the decision of the city council shall have the right to appeal the decision to a court of appropriate jurisdiction; provided, however, such petition is filed within 30 days of such decision by the city council.

(Ord. No. 184, 1957, § VIIC.7., 1-14-58; Ord. No. 46, 1987, § I, 4-14-87; Ord. No. 12, 1991, 3-26-91; Ord. No. 58, 1993, 5-11-93; Ord. No. 118, 1995, 8-8-95; Ord. No. 194, 1995, 11-14-95)

Sec. 106-49. Appeal of planning commission decision.

Any person aggrieved by a decision of the metropolitan planning commission shall, within ten days from the date such decision is rendered, file a written request/appeal with the clerk of council of the city for a review by the city council of such decision. A request/appeal filed by the applicant and/or property owner shall have the signatures of both the applicant and the property owner(s) and be accompanied by the appropriate filling fee. For the purposes of this section, the applicant and/or property owner(s) may be represented by a duly authorized representative. A request/appeal by the opposition may be filed with only the signature of the person in opposition and does not require a filing fee. Upon receipt of the written request/appeal, the clerk of council shall immediately send the request/appeal and any supporting documents submitted with the request/appeal to the metropolitan planning commission. Upon receipt of the written request/appeal, the metropolitan planning commission staff shall prepare for the clerk of council a letter acknowledging the request/appeal and shall send such letter to the person aggrieved and shall send copies of such letter to all persons who publicly addressed the board members at the public hearing before the metropolitan planning commission. After such review the city council shall either affirm, modify, reverse or remand the decision rendered by the metropolitan planning commission. Any person aggrieved by the decision of the city council shall have the right to appeal the decision to a court of appropriate jurisdiction; provided, however, such petition is filed within 30 days of such decision by the city council.

(Ord. No. 184, 1957, § VIIIB.6., 1-14-58; Ord. No. 102, 1963, § I, 6-25-63; Ord. No. 240, 1978, 9-26-78; Ord. No. 21, 1979, § I, 2-13-79; Ord. No. 109, 1979, 4-24-79; Ord. No. 12, 1991, 3-26-91; Ord. No. 118, 1995, 8-8-95; Ord. No. 194, 1995, 11-14-95)