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Section 4.02. The council.
The council shall be composed
of seven (7) members, each of whom shall be elected from a separate district of
the city.
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)
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