A. Upon receipt of a valid application appealing an action or determination of the commission, the city clerk shall schedule an appeal hearing before the council to be held within 45 days. All parties to the action or determination being appealed shall be provided with written notice not less than 30 days prior to the appeal hearing.

B. An appeal hearing conducted by the council shall be on the basis of the record established before the commission and the record on appeal. The council may allow for oral presentations by the applicant and the administration. A time limit may be established for said presentations.

C. No new evidence shall be received or considered by the council hearing an appeal. Upon a showing of good cause, the council may remand the matter to the commission to receive and consider new evidence.

D. The hearing, and any reconvening thereof, shall be open to the public.

E. Within 15 days following the hearing, the council shall issue its decision in the form of written findings of fact and conclusions of law.

F. The findings of fact and conclusions of law shall reference specific evidence in the record and the controlling sections of this chapter and shall briefly explain the reasons for the decision. The council may affirm, modify, vacate, set aside or reverse any decision brought before it for review, and may remand the case and direct the entry of such appropriate order, or require further proceedings to be had as may be just under the circumstances.

G. Upon express vote, the council may adopt as its statement of findings and conclusions those findings and conclusions officially adopted by the commission.

H. The findings of fact and conclusions of law shall be signed by the mayor and filed with the clerk, who shall promptly mail a copy to the appellant. (Ord. 466 § 3, 1994)