It is the intention of this section that all questions arising in connection with the administration, interpretation, and enforcement of this chapter by the Zoning Administrator shall be presented first to the Zoning Administrator, and that such questions if they cannot be resolved at the administrative level shall be presented to the City Council on appeal from the decision of the Zoning Administrator.

(Code 1997, § 40-1006; Ord. of 2-6-2012, § 1(40-1006))

Any person who alleges there is an error in, or who is aggrieved by, a decision of the Zoning Administrator in the administration, interpretation, or enforcement of this chapter, may file an appeal with the City Council, stating the grounds for such appeal. Appeals of administrative decisions may also be filed for consideration by any officer, department, or board or commission of the City affected by any such administrative decision. The appeal application shall be filed within 30 days of the date of the final administrative decision. A fee shall be paid to the Zoning Administrator at the time the notice of appeal is filed, as specified by resolution of the City Council.

(Code 1997, § 40-1006(1); Ord. of 2-6-2012, § 1(40-1006))

Any appeal received and all papers constituting the record upon which the action appealed from was taken shall forthwith be transmitted by the Zoning Administrator to the City Planning Commission for recommendation and to the City Council for decision.

(Code 1997, § 40-1006(2); Ord. of 2-6-2012, § 1(40-1006))

Upon receipt of a completed application for appeal or within a reasonable time thereafter, the Zoning Administrator shall refer the application to the City Planning Commission. The meeting at which the Planning Commission considers the application shall be open to the public, but the Planning Commission meeting shall not be required to be an advertised public hearing and the Planning Commission shall not be obligated to but may hold a public hearing on the application. The Planning Commission shall make a recommendation on the application within 30 days of the meeting it is first scheduled to consider the application, and its recommendation shall be submitted to the City Council. The Planning Commission may submit any additional report it deems appropriate. The applicant will be notified in writing by the Zoning Administrator of the recommendation within seven working days of the decision. The recommendation and any report shall upon publication be available upon request to the public. The recommendation of the Planning Commission shall have an advisory effect only and shall not be binding on the City Council.

(Code 1997, § 40-1006(3); Ord. of 2-6-2012, § 1(40-1006))

At least 15 but not more than 45 days prior to the date of the public hearing before the City Council, the Zoning Administrator shall cause to be published within a newspaper of general circulation within the territorial boundaries of the City a notice of the public hearing on the application. The notice shall state the time, place, and purpose of the public hearing.

(Code 1997, § 40-1006(4); Ord. of 2-6-2012, § 1(40-1006))

The City Council shall hold a public hearing on the application as advertised and after review and recommendation by the Planning Commission. In the event that the Planning Commission has not submitted its report and the public hearing has already been advertised, the City Council may elect to proceed with the advertised and scheduled public hearing, or it may reschedule and re-advertise the public hearing for a day after which the Planning Commission's recommendation will be available. In rendering a decision on any such application, the City Council shall consider all information supplied by the Zoning Administrator on the record and the findings of the Planning Commission, and any information submitted by the applicant. The City Council may grant or deny the appeal, or it may place conditions of approval on the application and approve the application with conditions. The applicant will be notified in writing by the Zoning Administrator of the decision within seven working days of the decision.

(Code 1997, § 40-1006(5); Ord. of 2-6-2012, § 1(40-1006))

The filing of an appeal stays all legal proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the City Council after the notice of appeal shall have been filed with him, that by any reason of acts stated in the certificate a stay would, in his opinion, cause eminent peril to life and property. In such case, proceedings shall not be stayed.

(Code 1997, § 40-1006(6); Ord. of 2-6-2012, § 1(40-1006))

Decisions by the City Council with regard to appeals are final; provided, however, any person or persons, jointly or severally, aggrieved by any decision of the City Council with regard to a decision on an appeal application under the terms of this section may take an appeal to or seek judicial review by the Newton County Superior Court.

(Code 1997, § 40-1006(7); Ord. of 2-6-2012, § 1(40-1006))