This Article is intended to provide for appeals from the decisions of administrative officials and employees having development approval authority under these regulations, or from any written order, requirement, decision, determination, or interpretation made by an administrative official in the administration or enforcement of these regulations, where an applicant alleges the decision, determination, or interpretation was made in error.

(A)

The ruling of the official or employee being appealed;

(B)

The date of the ruling;

[(B1)]

The name and position of the official or employee;

(C)

The Section and Subsections of these regulations upon which the ruling was based;

(D)

The reason the aggrieved party believes the decision is erroneous and the reason that a variance or other form of relief is not required instead.

The official or employee whose action is being appealed shall prepare a written statement to the City Commission covering the relevant issues involved and the sections and subsections of these regulations governing same.

(Ord. No. 2014-007, § 12, 12-9-14)

The decision of the City Commission shall be recorded in its minutes and shall be final unless reversed by court of record on appeal. The Commission may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four (4) members of the Commission shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant upon any matter which it is required to pass. If an application does not receive four (4) affirmative votes upon roll call, the same shall be considered as denied.

(Ord. No. 2014-007, § 13, 12-9-14)

In each case wherein final action is taken by the City Commission upon any matters before it for consideration in this Article, the decision of the Commission shall be recorded in the minutes of its meeting and thereafter the City Clerk shall prepare, in triplicate, upon appropriate forms supplied for such purposes, an order to be entered to evidence such decision.

(Ord. No. 2014-007, § 14, 12-9-14)

In the event the City Commission shall, pursuant to Section 125-040 modify or reverse the ruling or decision where it was alleged by the aggrieved person or applicant that there was error in an order, requirement, decision or determination made by an administrative official in the enforcing ULDR, then in that event, upon the entry of such order and execution thereof having been filed with the City Clerk, the Clerk shall cause a voucher to be drawn and the filing fee paid by such applicant or aggrieved person shall be refunded to him.

(Ord. No. 2014-007, § 15, 12-9-14)