MapLink™ | Procedures | Power of review

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Power of review
1. Where this chapter provides that the Planning Commission sits as a decisionmaking review body, or as an appellate body, and where no provision is expressly provided for review by the Board of Aldermen, the Board of Aldermen shall have the power to review the Planning Commission's decision.

2. Not later than forty-eight (48) hours after a decision of the Planning Commission that is subject to power of review, the City Planner, or his/her designee, shall notify the Mayor and Board of Aldermen, in writing or via email, of such decision. Within five days after receipt of such notice of a decision by the Planning Commission, any member of the Board of Aldermen or the Mayor may request to exercise power of review of any Planning Commission decision by notifying the City Planner or the City Administrator, in writing or via email. If the City Planner or the City Administrator receives a timely request to exercise power of review, the Planning Commission's decision shall be stayed, and the request shall be added to the agenda for the next meeting of the Board of Aldermen. At this meeting, the Board of Aldermen, upon motion adopted by a majority of those members of the Board of Aldermen who are present, may exercise the power of review of such decision. If a timely request is not received by the City Planner or the City Administrator, or if, after a timely request, a majority of those members of the Board of Aldermen who are present do not approve a request for power of review, the decision of the Planning Commission shall be final. The City Planner or the City Administrator shall notify an applicant if a Board member or the Mayor has requested to exercise power of review. If the City Planner, or his/her designee, fails to notify the Mayor and Board of Aldermen of a decision by the Planning Commission, as required by this Subdivision, the Mayor or any member of the Board of Aldermen may exercise power of review within fourteen (14) days of the Commission's decision. Such power may be exercised by the Mayor or member of the Board of Aldermen in the manner set forth in this Subdivision. Any decision, approval or recommendation of the Commission shall be stayed and suspended until the Board of Aldermen has reviewed as set forth herein.

3. Upon adoption of the motion to exercise the power of review and before acting on the application, the Board of Aldermen shall set the matter for hearing at its next regular or special meeting. The Board of Aldermen shall give written notice of such hearing to the applicant and all other persons who appeared and spoke in reference to the application before the Planning Commission.

4. Board of Aldermen's decision. Following the hearing by the Board of Aldermen on an application, the Board of Aldermen may, by an affirmative vote of a majority of the authorized membership of the Board of Aldermen, affirm, reverse or modify, in whole or in part, any determination of the Planning Commission.