Appeal By Petitioner To Decision Or Recommendation Of Denial. Upon the denial or recommendation of denial by the Planning Commission of an application for a change of zoning or certain special procedure as specified herein, the applicant may file an appeal with the City Council requesting a determination from that body. The appeal shall be filed within thirty (30) days after the Planning Commission decision (or if the filing date falls on a weekend or holiday, the next regular business day). The appeal shall be submitted in writing to the City Council and shall be filed in duplicate with the City Clerk accompanied by a fee of two hundred dollars ($200.00). In the case of a special procedure, the applicant shall state in the appeal how the application, as initially filed or subsequently modified, meets the criteria set forth in the regulations of the special procedure in question.

Protest By Nearby Property Owners To Recommendation Of Approval. Owners of thirty percent (30%) (by area exclusive of streets and alleys) of the property within one hundred eighty-five (185) feet of the property in question may file a protest with the City Council against the Planning Commission's decision or recommendation of approval of a change of zoning or special procedure as specified herein. The protest shall be filed within eighteen (18) days after the Planning Commission decision (or if the filing date falls on a weekend or holiday, the next regular business day). The protest shall be in writing and shall be filed in duplicate with the City Clerk accompanied by the signatures of property owners in opposition, each signature being individually acknowledged. In the case of a special procedure, the protest shall include notarized verification from the person(s) collecting protestants' signatures that all signatures are correct and real. The protest shall specifically state how the application, as initially filed or subsequently modified, fails to meet the criteria set forth in the regulations of the special procedure in question.

Referral Of Appeal Or Protest To The City Council Planning. Upon receipt of an appeal or a protest, the City Council shall verify its completeness and compliance to required codes and laws, as set forth in State Statutes, City Charter, and local codes in this regard.

Public Hearing By The City Council. Before acting on any appeal or protest the City Council shall set the matter for hearing. The City Council shall give written notice of such hearing to the applicant and all other persons who appeared and spoke in opposition to the application at the public hearing before the Planning Commission or to the protestants in the case of a protest. The applicant and the protestants in the case of a protest shall be heard at the hearing. In addition, any other person or persons who, in the discretion of the City Council, will be aggrieved by any decision or action with respect to an appeal or protest may also be heard at the hearing.

City Council Decision. Following the hearing by the City Council on an appealed or protested application, the City Council may affirm, reverse or modify, in whole or in part, any determination of the Planning Commission. No ordinance relating to a protested zoning or a zoning or special procedure which is contrary to a recommendation of a majority of the Planning Commission shall be adopted by the City Council only upon an affirmative vote of two-thirds (2/3) of the members of the whole City Council. In all other instances, a majority vote of the whole City Council shall be required to approve, deny or modify any recommendation of the Planning Commission with respect to a change of zoning or special procedure. A valid protest petition shall have the effect of extending the time for introduction of a bill beyond the ninety (90) day period established in Section 415.560 of this Chapter.