§ 98-31. Appeal from decisions.

(a)

Any person aggrieved by any decision of the planning and zoning board may file a notice of appeal to the city commission within 15 days after such decision is rendered by the board. The person appealing shall file a notice of appeal upon a form prescribed by the director of planning in the office of the city manager stating wherein the board erred. The director of planning shall forthwith transmit to the city commission all the papers, photographs and exhibits constituting the record upon which the action appealed from was taken or properly certified copies thereof in lieu of originals as the city commission may elect.

(b)

Upon the filing of the notice of appeal, the director of planning shall promptly mail a copy of a notice of hearing before the city commission by United States mail, postage prepaid, to the original applicant, to the owner of record of the subject property and the owners of property within 300 feet, furnished by the person who filed the original appeal, to each attorney at law appearing for any person at the hearing before the board and to the city attorney.

(c)

The mayor-commissioner of the city commission or in his absence the mayor pro tempore may administer oaths and compel the attendance of witnesses. All meetings of the city commission shall be open to the public. The city commission shall keep minutes of its meetings, showing the vote of each member on each hearing or, if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official actions, all of which shall be immediately filed in the minutes of the city commission.

(d)

The city commission shall conduct a hearing de novo upon any appeal taken from the ruling of the board and shall hear the testimony of witnesses and other evidence offered by the aggrieved person and interested parties to the appeal and may, in conformity with this article and the zoning resolutions, rules and regulations adopted thereunder, reverse, or affirm, wholly or partly, or may modify the order, requirement, decision, or determination of the board. The city commission shall render its decision on the appeal within 21 days after the conclusion of the public hearing. For good cause, the city commission may extend the time for holding its hearing and rendering its decision to a time certain after notice to all parties to whom notice of such hearing is required.

(Code 1988, § 16-32)