Appeals to the City Council can be taken by any person aggrieved by any final decision of any official responsible for administration, interpretation, or enforcement of this ordinance. Such appeal shall be taken within fifteen (15) days after the decision has been rendered by filing with the City Secretary, a notice of appeal specifying the grounds thereof. The City Secretary shall forthwith transmit to the City Council all the papers constituting the record upon which the action appealed from was taken.

An appeal shall stay all proceedings of the action appealed from unless the City Secretary certifies to the City Council after the notice of appeal shall have been filed with him/her that by reason of facts stated in the certificate, a stay would, in his/her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, otherwise than by a restraining order which may be granted by the City Council or by a court of record on application of notice to the City Secretary and on due cause shown.

The City Council shall fix a reasonable time, not less than thirty-one (31) days from the date of the application, for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

No appeal to the City Council for the same variance on the same piece of property shall be allowed prior to the expiration of two years from a previous ruling by the Council on any appeal to such body unless other property in the immediate vicinity has within the said two-year period been changed or acted upon by the City Council so as to alter the facts and conditions on which the previous Council action was based. Such change of circumstances shall permit the rehearing of an appeal by the City Council prior to the expiration of a two-year period, but such conditions shall in no way have any force in law to compel the City Council, after a hearing, to grant a subsequent appeal. Such subsequent appeal shall be considered entirely on its merits and the peculiar and specific conditions related to the property on which the appeal is brought.

Permit the reconstruction, extension or enlargement of a building occupied by a nonconforming use on the lot or tract occupied by such building or the reconstruction of a structure destroyed by fire or the elements not to exceed sixty (60) percent of its reasonable value and the addition of off-street parking or off-street loading to a nonconforming use, provided such reconstruction does not prevent the return of such property to a conforming use.

To hear and decide appeals where it is alleged there is error in any final order, requirement, decision or determination made by any official responsible for administration, interpretation, or enforcement of this ordinance.

Permit such variance or modifications of the height, yard, area, coverage, signage, landscaping, and parking regulations as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area, shape or slope that it cannot be appropriately developed without such modification.

In exercising its power to grant a variance in accordance with this ordinance, the City Council shall make findings and show in its minutes that:

Require the discontinuance of nonconforming uses of land or structure under any plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity of all property to conform to the regulations of this ordinance. All actions to discontinue a nonconforming use of land or structure shall be taken with due regard to the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of the property. The Council shall from time to time on its own motion or upon cause presented by interested property owners, inquire into the existence, continuation or maintenance of any nonconforming use within the City.

No variance may authorize a use other than a use permitted in the district for which the variance is sought.

In exercising its powers, the City Council may, reverse or affirm, wholly or partly, may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken including the power to impose reasonable conditions to be complied with by the applicant.

The concurring vote of four (4) members of the City Council shall be necessary to revise any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance or to affect any variance in said ordinance.

Any person or persons, jointly or severally, aggrieved by any decision of the City Council or any taxpayer or any officer, department or board of the Municipality may present to the court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of illegality. Such petition shall be presented to the court within the (10) days after the filing of the decision by the City Council and its recommendation in the minutes and not thereafter.