A decision of the Planning and Zoning Commission may be appealed to the City Council by applicant or any other person within ten (10) days after the date of decision by the Planning and Zoning Commission. The appeal must be written and must identify the specific reasons for and basis of the appeal. The appeal shall be delivered to the City Secretary either personally within the ten (10) days or by United States mail postmarked within the ten (10) day period.

Not more than forty (40) days following the filing of an appeal, the City Council shall hear the appeal of that applicant at a regular or special meeting of the City Council. The City Council shall review the action of the Planning and Zoning Commission and shall determine only whether or not the Planning and Zoning Commission acted within its authority under the guidelines set forth herein, and whether the decision of the Planning and Zoning was based upon the evidence presented to it which would fairly support the decision made with regard to the appealed issue.

If the City Council concludes that the Planning and Zoning Commission acted without sufficient evidence, the City Council may grant the appeal and modify the site plan accordingly, or the City Council may grant the appeal and resubmit the site plan to Planning and Zoning for its further action to be within thirty (30) days from the date of the City Council meeting at which it is resubmitted to the Planning and Zoning Commission.