§ 26-579. Appeal.

(a)

Any party who is aggrieved by the provisions of this section may appeal to the city council at any regular meeting or special meeting of the council after 24 hours' written notice has been given to the council of the intention to appeal. The council shall request the advice of the city planning commission staff with respect to such an appeal and request that a report be submitted to the council within 60 days of the date that the appeal is first received. Upon receipt of the advice of the city planning commission staff or if a report is not submitted by the city planning commission staff within 60 days of the date of appeal to the council, the council may waive the provisions of this division with respect to the party making the appeal by enacting an ordinance following a public hearing.

(b)

In determining whether additional permits beyond the thresholds established above shall be issued, the city council shall consider the recommendations of the city planning commission staff as well as consideration given but not limited to the following criteria:

(1)

Economic hardship based on actual expenditures and secured financing relating specifically to hotel/motel room development by the applicant incurred prior to the effective date of this division.

(2)

The commitment to implement a public and/or public-private development project in which a hotel/motel is an integral part of the development.

(Code 1956, § 11-46(d))