SEC. 16-549. DECISION OF COUNCIL GENERALLY; REFERRAL BACK

(A) Prior to deciding a review or appeal, the city council may refer a matter back to the commission for information, further report or study.

(B) A matter subject to review or appeal shall not be withdrawn or dismissed before a public hearing is had thereon. (C) Within 14 days following the conclusion of the public hearing, the city council shall adopt a resolution by a majority of the members of the city council who were present at the public hearing; provided, however, that if the city council refers the matter back to the commission, the city council shall adopt a resolution of decision within 14 days following the conclusion of a public hearing held by the city council to consider the commission’s report.

(D) A resolution of the city council deciding a review or appeal may affirm, reverse, modify, limit or condition the action of the commission.

(E) A resolution of the city council deciding a review or appeal shall state the findings on which the decision is based and shall state with particularity any limitations or conditions imposed; provided, however, that a resolution of the city council referring the matter back to the commission need not state any findings, limitations or conditions.

(F) If the city council does not adopt a resolution within the time prescribed, or if there is a tie vote of the members of the city council present at the public hearing, the action of the commission shall be reinstated and given effect, and no further action thereon shall be taken by the city council.

(`64 Code, Sec. 34-156) (Ord. No. 917, 1446, 2367, 2445, 2482)