§ 78-163. Appeals of building or zoning department decision.

(a)

If a permit is denied by the chief building official or chief zoning official for noncompliance with the Florida Building Code or Land Development Regulations provided herein, then the applicant may appeal the decision, pursuant to section 78-77, "Requirements and Procedures for Appeals" to the city council, which shall then consider the permit application at a public meeting and either uphold or overrule the denial of the permit. The city council action shall be by ordinance.

(b)

If a permit is denied, or conditions imposed, then the city council shall consider the action taken upon review of the following factors:

(1)

The technical and practical necessity for the installation of the communication tower.

(2)

Alternative measures or modifications that could be made to preserve the character of the neighborhood and to prevent aesthetic blight if installation were permitted.

(Ord. of 9-25-06)