Duluth › Unified Development Code
Article 12 — Appeals
§ 1201
Appeals; in General
1201.01. Types of Appeals
Persons may appeal for relief under the following circumstances:
1.Appeals of a Legislative nature.
a.Special exception. When an exception is desired for a particular property from certain requirements of this Development Code, as specified in this Article, which is not inconsistent with the protection of the public health, safety or general welfare.
b.Administrative decision. When aggrieved by an action or an interpretation of the Planning and Development Director or any other administrative official of the City made under this Development Code. An administrative official is defined as the head of any department subject to these regulations.
2.Appeals of a Quasi-judicial nature.
a.Hardship variance. When compliance with the requirements of this Development Code would create a particular hardship unique to a property due to physical characteristics that are beyond the owner’s control.
b.Floodplain management variance. When the requirements of this Development Code for floodplain management would create an exceptional hardship that would adversely affect the use of a property or an historic structure.
1201.02. Temporary Suspension of Permitting and Stay of Enforcement
1.Upon submission of a valid and complete application for the granting of an appeal on a property, no permits shall be issued nor shall any actions be undertaken on the property by the owner or an employee, representative or contractee of the owner that may be affected by the outcome of such application.
2.Stay of Proceedings. An appeal stays all judicial proceedings in furtherance of the action appealed from, unless the Director from whom the appeal is taken certifies after the notice of appeal is filed, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life and property. In such case judicial proceedings shall not be stayed other than by a restraining order by a court of competent jurisdiction.
1201.03. Applications for Relief
An application for any type of appeal as listed under Section 1201.01 shall be filed in writing with the Planning and Development Director on a form provided by the Department, along with supporting documents, that explain in detail the reasons and facts supporting the application.
§ 1202
Intent of this Article
1202.01. Initiation of an Appeal
It is the intent of this Article that all questions of interpretation and application of the provisions of this Development Code shall be first presented to the Planning and Development Director, and that an appeal of an adverse decision of the Director shall follow the procedure appropriate to the type of appeal as defined under Section 1201.01 and as proscribed by this Article.
1202.02. Approval of an Appeal by the Zoning Board of Appeals
1.The Zoning Board of Appeals shall hear and decide requests seeking justice and equity from unique situations that are alleged to have resulted in an unnecessary and unwarranted hardship on a property, and from exceptional hardships created by the floodplain management provisions of this Development Code. The procedure for deciding such questions shall be as set forth in this Article with regard to hardship variances and floodplain management variances, as appropriate.
2.The Zoning Board of Appeals shall hear and decide special exception requests that have been denied by the Planning and Development Director or are beyond administrative approval parameters.
3.A decision by the Zoning Board of Appeals shall be final unless appealed to the City Council, which appeal must be brought within 15 days of the Zoning Board of Appeals’ decision.
1202.03. Approval of an Appeal by City Council
1.The City Council may hear and finally decide requests for special exceptions and hardship or floodplain management variances that have been included in the application for a proposed development that is under consideration for a rezoning or special use approval. In such cases, the Zoning Board of Appeals may include its recommendations on such special exceptions or variances in its report, and the City Council shall assume all powers and duties otherwise exercised by the Zoning Board of Appeals.
2.The City Council shall hear and finally decide all appeals from actions by the Zoning Board of Ap-peals.
3.The City Council shall hear and finally decide all appeals from an administrative decision not otherwise associated with a special exception or a hardship or floodplain management variance.
4.Appeal from a final decision by the City Council shall be to a court of competent jurisdiction and must be brought within 15 days of the City Council’s final action.
§ 1203
Special Exceptions
1203.01. Appellant for a Special Exception
A request for approval of a special exception on a property shall be brought by the property owner or, with the owner’s permission, the holder of or applicant for a permit for development or construction on the property.
1203.02. General Limitations on Relief
Relief shall be limited to the requirements of this Development Code as listed under the “special exceptions”
column on Table 12- A: Special Exceptions.
1203.03. Standards for Approval
A special exception may be approved upon a finding that the relief, if granted:
1.Would not cause substantial detriment to the public good; and
2.Would comply with all fire safety, utility and environmental health code requirements; and
3.Would not be injurious to the use and enjoyment of the environment or of other property in the immediate vicinity; and
4.Would not diminish and impair property values within the surrounding neighborhood; and
5.Would not impair the purpose and intent of this Development Code.
1203.04. Administrative Approval
1.Special exceptions shall be considered for approval by the Zoning Appeals Board unless the request is approved administratively.
2.The Planning and Development Director, upon a finding that a special exception meets the standards for approval contained in Section 1203.03 may (but is not required to) administratively ap-prove such special exception within and not exceeding the parameters shown on Table 12 A: Special Exceptions.
3.Actions following administrative consideration.
a.Any administrative approval, approval with conditions or denial of a special exception by the Director shall be made in writing to the appellant and also made a part of the Department's records. Such administrative action shall be made within 15 days of receipt of a complete application for a special exception.
b.Appeals from the administrative action by the Director on a special exception shall be forwarded to the Zoning Board of Appeals for final action in their normal course of business.
Table 12-A: Special Exceptions
| Special Exception | Administrative Approval Parameters |
|---|---|
| Accessory uses and buildings: An increase in the maximum allowable size of an accessory building. | Any increase may be approved that is consistent with the use or normal operations of the proposed building and is compatible with neighboring properties. Any building so increased must obtain issuance of a building permit. |
| The placement or construction of an accessory use or building on a lot prior to or in lieu of a principal use or building. | Administrative approval is not available. |
| Buffers, landscaping and tree protection. | Modification or waiver of the standards for buffers, site landscaping or tree protection may be authorized by the Planning and Development Director in specific cases when, in the Director’s opinion, undue hardship may result from strict compliance; provided any such determination shall be based fundamentally on the fact that unusual topographical or other exceptional conditions require such modification, and that the granting of the modification will not adversely affect the general public welfare or nullify the intent of this Development Code. |
Reading grid · rebuilt for display · verify at source ↗
§ 1204
Hardship Variances
1204.01. Appellant
A request for a hardship variance on a property shall be brought by the property owner or, with the owner’s permission, the holder of or applicant for a permit for development or construction on the property.
1204.02. Conditions Governing Applications
1.A variance from the terms of this Development Code may be granted where, owing to special conditions, a literal enforcement of the provisions of this Development Code would result in unnecessary hardship and such approval will not be contrary to the public interest. A variance from the terms of this Development Code shall not be granted unless a written application for a hardship variance is submitted demonstrating:
a.That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other land, structures, or buildings in the same district;
b.That literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties within the same district under the terms of this Development Code;
c.That the special conditions and circumstances do not result from the actions of the appellant;
d.That granting the variance requested will not confer on the appellant any special privilege that is denied by this Development Code to other lands, structures, or buildings in the same district;
and,
e.That the request is limited to the extent necessary to alleviate the unnecessary hardship and not as a convenience to the appellant nor to gain any advantage or interest over similarly zoned properties.
2.Non-conforming use of neighboring lands, structures, or buildings in the same zoning district, and not permitted or non-conforming use of lands, structures, or buildings in other zoning districts shall not be considered grounds for issuance of a hardship variance.
1204.03. Limitations on hardship variance approval
In no case shall a hardship variance be granted for any of the following:
1.A condition created by the applicant, including the result of an unwise investment decision or real estate transaction.
2.A change in the conditions of approval imposed through a zoning change granted by the City Council.
3.Reduction of a minimum lot size required by a zoning district except for a lot of record that existed in its entirety prior to the adoption of this Development Code.
4.A use of land or buildings or structures that is not allowed by the zoning district that is applicable to the property, or to alter the density requirements in the zone in question.
5.Any increase in the number of dwelling units or non-residential building floor area otherwise allowed by the zoning district that is applicable to the property.
1204.04. Documentation
All applications for a hardship variance shall be accompanied by written information, a plat or drawing, or other documentation that clearly explains or shows the basis for the appeal.
§ 1205
Floodplain Management Variances
1205.01. Appellant
A request for a floodplain management variance on a property shall be brought by the property owner or, with the owner’s permission, the holder of or applicant for a permit for development or construction on the property.
1205.02. Floodplain Management Variances; General
A floodplain management variance may be considered under the following circumstances:
1.Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum to preserve the historic character and design of the structure.
2.Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this Section are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.
1205.03. Floodplain Management Variance Procedures
The following variance and appeals procedures shall apply to an appellant who has been denied a permit for a development activity, or to an owner or developer who has not applied for a permit because it is clear that the proposed development activity would be inconsistent with the floodplain management provisions of this Development Code. A request for a floodplain management variance may be submitted by an appellant to the Planning and Development Director.
1.Requests for such variances from the requirements of this Development Code shall be submitted to the Planning and Development Director. All such requests shall be heard and decided in accordance with procedures in Section 1206 of this Article, below. At a minimum, such procedures shall include notice to all affected parties and the opportunity to be heard.
2.Any person aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to City Council, as provided below.
3.Floodplain management variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure, and the variance issued shall be the minimum necessary to preserve the historic character and design of the structure.
4.Floodplain management variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this Section are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.
5.Floodplain management variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
6.In reviewing such requests, the Zoning Board of Appeals shall consider all technical evaluations, relevant factors, and all standards specified in Floodplain Management Section of this Development Code.
7.Conditions for variances:
a.A Floodplain management variance shall be issued only when there is:
i.A finding of good and sufficient cause;
ii.A determination that failure to grant the variance would result in exceptional hardship;
and,
iii.A determination by a registered professional engineer that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, or the creation of a nuisance.
b.The provisions of the Floodplain Management Section of this Development Code are minimum standards for flood loss reduction; therefore, any deviation from the standards must be weighed carefully. Variances shall only be issued upon determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and, in the instance of a historic structure, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building.
c.Any person to whom a floodplain management variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation of the proposed lowest floor and stating that the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the reduced lowest floor elevation.
d.The Planning and Development Director shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.
e.Any person requesting a floodplain management variance shall, from the time of the request until the time the request is acted upon, submit such information and documentation as the Planning and Development Director, Zoning Board of Appeals, or City Council shall deem necessary to the consideration of the request.
8.Upon consideration of the factors listed above and the purposes of floodplain management stated in this Development Code, the Zoning Board of Appeals or the City Council may attach such conditions to the granting of a floodplain management variance as they deem necessary or appropriate, consistent with the purposes of this Development Code.
9.Floodplain management variances shall not be issued “after the fact”.
1205.04. Standards for Approval
In passing upon a floodplain management variance, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this Development Code relating to flood damage prevention, and the:
1.Danger that materials may be swept onto other lands to the injury of others;
2.Danger to life and property due to flooding or erosion damage;
3.Susceptibility of the facility and its contents to flood damage and the effect of such damage on the individual owner;
4.Importance of the services provided by the facility to the community;
5.Necessity of the facility to a waterfront location, in the case of a functionally dependent facility;
6.Availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
7.Compatibility of the use with existing and anticipated development;
8.Relationship of the use to the comprehensive plan and floodplain management program for that area;
9.Safety of access to the property in times of flood for ordinary and emergency vehicles;
10.Expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
11.Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
1205.05. Requirements if Approved
1.Any applicant to whom a floodplain management variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the building is to be built and stating that the cost of flood insurance will be commensurate with the increased risk to life or property.
2.The Planning and Development Director shall maintain the records of all such variance actions and report any floodplain management variances to the Federal Emergency Management Agency upon request.
§ 1206
Process for Granting a Special Exception or Variance
For purposes of this section, the term “quasi-judicial decision” shall include hearings on appeals of administrative decisions and hearings and decisions on applications for variances, special administrative permits, special exceptions, conditional use permits, and other similar permits.
1206.01. Application and Initial Actions
1.An application for a special exception, hardship or floodplain management variance shall include such descriptions, maps or drawings as needed to clearly illustrate or explain the action requested, and such filing fees as may be required. The Planning and Development Director may request such additional information from the appellant as necessary to provide a full understanding of the appellant’s request.
2.Once the record has been assembled, the Planning and Development Director will:
a.Schedule unresolved appeals for consideration at the next meeting of the Zoning Board of Appeals for which adequate public notice can be given; and
b.Send a letter by first class mail to the appellant or his attorney notifying the appellant of either 1)
administrative resolution of the matter or 2) the date, time, and place of the public hearing.
1206.02. Public Notice; Quasi-Judicial Hearings
1.Published notice. At least 30 to 45 days prior to the public hearing, notice shall be published in a newspaper of general circulation within the city. The notice shall state the time, place and purpose of the hearing and shall include the location of the property, the present zoning classification of the property, and the nature of the requested action. Notice must also be mailed to the owner of the property that is the subject of the proposed action.
2.Posting of signs.
a.In addition to the newspaper notice, a sign or signs shall be placed by an official of the Planning and Development Department in a conspicuous location on the property frontage in such manner as to be legible from the public road. On lots with more than one road frontage, a sign will be placed facing each public road. If the property has no road frontage, the sign shall be placed on each road at a location where access will be gained to the property.
b.The sign(s) must be in place no less than 15 days prior to the date of the public hearing and shall state the date, time, and place for the Zoning Board of Appeals public hearing and the nature of the proposed variance.
3.Sufficiency of public notice.
a.Where published notice is given in accordance with this Section and a sign has been posted in accordance with this Section, no further notice to interested parties or adjacent or nearby property owners is required.
b.As a matter of courtesy, the City may provide notification of the application by regular mail to all abutting property owners as shown by tax records prior to the public hearing which shall include a description of the application and the date, time, and place of the public hearing. This notification shall be deemed made upon the mailing of the notice to persons listed on the tax records as owners of abutting property at the addresses shown on the tax records, regardless of whether the notice is actually received and regardless of whether ownership of abutting property has changed.
c.Appearance of a person at the public hearing shall constitute a waiver of any claims by such person based upon improper publication of notice or posting on the property by such person.
1206.03. Withdrawal
Any applicant wishing to withdraw a special exception or variance application prior to final action on the application shall file a written request for withdrawal with the Planning and Development Director.
1.The withdrawal request must be in writing and signed by the owner, the appellant or the owner’s authorized agent.
2.If the request for withdrawal is received prior to the publication of notice for the public hearing as required under Section 1206.02, the application shall be withdrawn administratively by the Planning and Development Director.
3.If a request for withdrawal of the application is received after notice has been published (or irretrievably set for publication) for the scheduled public hearing, the appeal may be withdrawn at the public hearing with the consent of the Zoning Board of Appeals and removed from further consideration.
1206.04. Conducting a Public Hearing
1.Procedures.
a.All public hearings held by the Zoning Board of Appeals to which this Article applies shall be held in accordance with the procedures of this Subsection.
b.The presiding official may administer oaths and compel the attendance of witnesses by subpoena.
c.The presiding official shall conduct the public hearing informally, as strict adherence to the rules of evidence is not required.
d.All parties participating in the public hearing shall introduce only relevant evidence.
e.All parties participating shall have the right to present witnesses and to cross-examine witnesses.
2.Opening hearings. The presiding official shall open the public hearing by stating the matter being considered at the hearing. At this time, the presiding official may summarize the public hearing procedures.
3.Background and recommendations. An official of the Planning and Development Department shall submit the assembled record of the request to the Zoning Board of Appeals. The Planning and Development Official shall provide such information or explanation as appropriate to the circumstances of the request.
4.Proponents of the requested special exception or variance.
a.Persons who support the request will be asked to comment first. The applicant or their designated agent may, upon recognition and upon statement of name, address and relationship to the matter, present and explain the request. The applicant may appear in person or may be represented by an agent or counsel.
b.The applicant or the applicant’s representative shall be required to attend the public hearing unless written notice of hardship is received prior to the hearing. Failure of the applicant or the applicant’s representative to attend the public hearing, except in cases of hardship, may be due cause for the tabling of the application.
c.The applicant shall have the burden of proof, which shall include the presentation of evidence and the burden of persuasion of each factor necessary to receive the approval of the request by the Zoning Board of Appeals.
d.After completion of the presentation of the applicant, other persons who support the request will be asked to comment and will be allowed to speak in support of the request upon recognition and upon identification of the person's name, address, and relationship to the matter.
5.Persons opposing the requested special exception or variance. Persons who oppose the request will next be asked to comment. Each interested person, after being recognized, and providing their name, address, and relationship to the matter shall be afforded an opportunity to speak.
6.Rebuttal. The appellant shall have an opportunity for rebuttal concerning the request. Rebuttal must be limited to points or issues raised by opponents to the application at the hearing.
7.Time limitations. The presiding officer has the discretion to impose time limitations on comments of each person, provided that no less than ten minutes (combined) shall be allowed for all those speaking in support of the request and no less than ten minutes (combined) shall be permitted for those speaking against the request.
8.Discussion. All public comments having been heard, the members of the Zoning Board of Appeals may discuss the matter among themselves. During this discussion period, the members may call on the Planning and Development Official, any proponent or opponent, or other persons in attendance to clarify points made previously, to answer questions or to provide additional information. Such persons may respond upon recognition.
9.Delay, rescheduling or continuation of hearing. A public hearing on a request may be delayed, rescheduled or continued to another time and date, provided the announcement of the new time, place and date is given at the time and place of the advertised hearing, which announcement shall constitute public notice for the delayed, re-scheduled, or continued hearing.
10.Transcription.
a.All proceedings of the Zoning Board of Appeals shall be recorded on tape or other media. The recording of the proceedings shall be retained until any further appeals on a request have been exhausted.
b.The appellant or any person in opposition to the request, at their expense, is allowed to have the public hearing transcribed by a court reporter.
1206.05. Decisions by the Zoning Board of Appeals
1.Findings of fact.
a.Following the public hearing for a quasi-judicial decision, the Zoning Board of Appeals shall adopt findings of fact supporting their decision and may adopt any additional report it deems appropriate.
b.In order to approve an application, the Zoning Board of Appeals shall further make a finding that the reasons set forth in the application justify the granting of the special exception or variance and that approval would be the minimum needed to make possible the reasonable use of the land, building, or structure.
c.In preparing its findings or report, the Zoning Board of Appeals must consider the standards for approval set forth for a special exception under Section 1203.03, for a hardship variance under Section 1204.02 and Section 1204.03, or for a floodplain management variance under Section 1205.04, as applicable.
2.Decision. The Zoning Board of Appeals shall approve, approve with conditions, or deny an application by majority vote no later than their next regularly scheduled meeting at which a quorum is present following the public hearing. If no decision obtains a majority vote, the application shall be considered denied unless the appellant agrees to a tabling of the application to the Board’s next regularly scheduled meeting.
3.Appeal. A decision of the Zoning Board of Appeals shall only be appealed to the City Council and must be filed with the City Clerk within 15 days of the decision of the Zoning Board of Appeals. If appealed to the City Council, the decision of the Zoning Board of Appeals shall have an advisory effect only and shall not be binding on the City Council.
4.Written decision. The appellant shall be informed in writing of the Board’s decision and the findings of fact regarding the decision, which will be sent by regular mail within 7 days of the date of the decision.
Failure to receive the written decision within 7 days shall not constitute a procedural error on the part of the City, nor affect the decision of the Board in any manner.
1206.06. Decisions by the City Council
1.The City Council shall consider an appeal for a quasi-judicial decision of the Zoning Board of Appeals and take action on the application at its next regularly scheduled meeting that occurs at least 7 days after receipt of the appeal by the City Clerk.
2.To “take action” is defined as to approve, to approve with conditions, to disapprove, or to table the application. In taking such action, the City Council may ratify the findings of fact and decision of the Zoning Board of Appeals or shall adopt their own findings of fact that support their action.
3.If the City Council fails to make a decision within 60 days after the date of the decision on the application by the Zoning Board of Appeals, the decision by the Zoning Board of Appeals shall stand and be considered final. For the purposes of this paragraph, “60-days” shall mean until the regular meeting of the City Council occurring no later than two calendar months following the Board’s decision.
4.Decision Final. A decision of the City Council shall be final and may be appealed only to a court of competent jurisdiction. Such appeal must be taken within 30 days of the adoption of the written minutes of the City Council meeting at which the decision was made.
1206.07. Conditional approval
In granting any special exception or variance, the Zoning Board of Appeals or the City Council may impose appropriate conditions of approval which it deems necessary in order to make the requested action acceptable and consistent with the purposes of this Development Code and of the zoning district(s) involved, to ameliorate negative issues identified through evaluation of the special exception or variance, or to further the goals and objectives of any plans adopted by the City. Violation of such conditions of approval, when made a part of the term under which the variance is granted, shall be deemed a violation of this Development Code and punishable under the provisions of Article 13.
1206.08. Re-Application
If an application for a special exception or a hardship or floodplain management variance on a property is denied by the Zoning Board of Appeals (or by the City Council upon appeal), a reapplication for the same special exception or variance on the same property may not be made until the expiration of 12 months from the date of final action on the application, unless the Zoning Board of Appeals agrees to waive the 12-month waiting period by majority vote.
§ 1207
Appeals of an Administrative Decision
1207.01. Appellant
Any person aggrieved by an alleged error in any order, requirement, decision or determination made in the interpretation or enforcement of this Development Code by an administrative official of the City may initiate an appeal directly to the City Council.
1207.02. Initiation of Administrative Appeal
1.An administrative appeal shall be taken within 30 days of the action or interpretation being appealed, by filing the appeal in writing with the Planning and Development Director specifying the grounds of the appeal. The Planning and Development Director shall transmit a notice of said appeal to the City Council specifying the grounds thereof.
2.The Planning and Development Director may initiate an administrative appeal independently when an interpretation or clarification of the meaning of words or phrases, of the particular boundaries of a zoning district or of any other provision of this Development Code is needed.
1207.03. Action by the City Council
1.Upon receiving a notice of an administrative appeal, the Planning and Development Director shall assemble such memos, papers, plans, or other documents from the appellant as may constitute the record for the appeal or as may provide an understanding of the issues involved.
2.The Planning and Development Director is authorized to resolve the administrative appeal to the satisfaction of all parties involved, if possible, and may seek the advice of the City Attorney.
3.The Planning and Development Director shall transmit any unresolved administrative appeal request and all related documentation to the City Clerk such that the administrative appeal request can be considered by the City Council within 30 days of the filing of the appeal with the Planning and Development Director.
4.The City Council shall consider the appeal at its next regularly scheduled meeting that occurs at least 7 days after receipt of the Planning and Development Director’s appeal documentation by the City Clerk, and may at its discretion hear from the appellant, the administrative official from whom the appeal is taken, or the Planning and Development Director.
5.City Council authority. The City Council is authorized to:
a.Decide appeals from any order, determination, decision or other interpretation by any administrative official acting under authority of this Development Code, where a misinterpretation or misapplication of the requirements or other provisions of this Development Code is alleged;
b.Interpret the use of words or phrases within the context of the intent of this Development Code;
c.Determine the boundaries of the various zoning districts where uncertainty exists; and,
d.Interpret such other provisions of this Development Code as may require clarification or extension in specific or general cases.
6.Decisions of the City Council.
a.In exercising its powers on administrative appeals, the City Council may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination and to that end shall have all the powers of the administrative official from whom the appeal is taken.
7.Decision final. The decision of the City Council shall be final and may be appealed only to a court of competent jurisdiction. Such appeal must be taken within 15 days of the adoption of the minutes of the City Council meeting at which the decision was made.
§ 1208
Appeals to the Superior Court
Any final zoning or quasi-judicial decision made by the City Council or the Zoning Board of Appeals may be appealed by petitioning the superior court of the county pursuant to O.C.G.A. §36-66-5.1. An appeal filed pursuant to this provision shall stay all legal proceedings in furtherance of the action appealed from or challenged, unless the City Council certifies that a stay would cause imminent peril to life or property.