§ 24-11. Review of Commission decisions by the governing body.

A. 

All decisions made by the Planning Commission pursuant to Chapter 24 of the Code, except those arising out of Article XIII, may be called up for further review by the governing body of the City as provided herein.

(1) 

If a decision is called up for further review, the governing body shall comply with the notice, hearing, and other requirements of § 24-10D of the City Code.

(2) 

If there is no request to call up a Commission decision within the time limits set forth herein, or if the governing body denies a petition to call up a decision for further review, as provided herein, the Commission decision shall become final and shall be placed in writing by the Commission with findings of fact and conclusions of law as provided in § 24-10 C(3).

B. 

To obtain review by the governing body, a person shall submit to the Planning Office a written petition to call up a Commission decision for further review within 15 days from the date of the meeting at which the Commission made the decision. The petition shall identify the decision and provide an explanation as to why the decision should be subject to further review by the governing body.

C. 

If the Planning Office receives a petition to call up a decision within the time limits set forth above, it shall:

(1) 

Mail a copy of the petition to call up to each party who participated in the hearing from which the Commission rendered the decision;

(2) 

Prepare a written memorandum of the decision which summarizes the testimony, issues and decision made by the Commission; and

(3) 

Deliver the memorandum and petition to call up to the City Clerk within 15 days from the date the Planning Office received the petition.

D. 

At its next regularly scheduled meeting the governing body shall consider the petition, memorandum and oral statements and decide whether to call up the decision for further review. The governing body may accept a petition to call up a Commission decision for further review only upon the affirmative vote of at least two thirds of the members of the governing body.

Amended 11-17-2009 by Ord. No. 09-06