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SECTION 9250.1~. Continued (b) Any appeal made under ~he terms of this P~rt shall be made within five (5) calendar days following the date of the decision of the Planning Commission or Zoning ,'~dministrator. (c) All appeals shall be in writing and on forms provided by the Planning Department and shall specify wherein there was any error of decision or requirement by the Commission c~ Zoning ,~d~inistrator. Furthermore, a copy of said appeal shall be filed with the Planning Department and theClerk of the Council. (d) Upon receipt of said appeal the Planning Department shall set the matter for hearing by the Council. In the event the matter is an ~ppeal from a ruling by the Zoning ~dministrator, the matter shall be heard by the Council following the review of said Zoning ~,dministrator's decision by the Planning Commission as set for~h in Section 9250.12 of this Part. (e) All appeals shall be heard in the same manner as prescribed for the original hearing. (f) Upon the filing of an appeal, the Planning Department shall forward to the Clerk of the Council a copy of the written findings, maps, papers, and exhibits upon which the decision of the Planning Commission and/or Zoning ~dministrator was based. (g) The Council may, after public hearing, affirm, reverse, change, or modify the original decision and make any additional determination it shall consider appropriate within the limitations imposed by this Chapter. Such decision shall be filed with the Clerk of the Council, City Planning Department, and sent to the applicant. SECTION 9250.15. Council to ~ke Finding of Fact. In granting or denying an appeal, the Council shall make a written finding which shall specify all facts relied upon by said Council in rendering its decision and in attachinE conditions and safe.~uards, and shall fully set forth wherein the facts and circumstances fulfill or fail to fulfill the requirements set forth in this Chapter. A copy of the resolution toEether v~th the written finding of facts shall be filed with the Olerk of the Council, in the City Planning Department, and mailed to the applicant. The decision of the Council shall be final. SECTION 9251. F~ilure to Utilize Conditional Use P~rmits or V~riances. ~ Conditional Use Permit or Variance approved by the Council in accordance wi~h the procedures and considerations as provided in this Part, shall automatically become void after six (6) months from the effective date of such approval when the oWner fails to institute an action to erect, build, alter, move or maintain the use of the property as specified in the terms ~nd conditions of the Conditior~l Use Permit or V~riance; however, the granting body, at the time of the ~pproval of the Conditional Use Permit or Variance may provide that the Conditional Use Permit or Variance shall be valid for a~period ~roater th~n six (6) months, ~ut for ~ period not to exceed one (1) year from the date of its approval. Acceptable action shall be considered to be actual construction, alteration, repairs and use of structures and land. Preparation of plans, financial negotiations, estate settlements, or change of property owners, are not considered sufficient evidence of an action. However, applicant may apply to the Council granting such Conditional Use Permit or Variance for a ninety (90) day estension of time, et an additional fee of five (5) dollars for each subsequent request for extension of time. Said request for extension of time must be filed before the expiration date of said Conditional Use Permit or Variance, but shall not be filed more th~n twenty-one days before s~id expiration date. SECTION 9252. Status of Approved Conditional Use Permits er V~rianccs. Any Variance granted prior to July 18, 1957, upon which an acceptable action has not been instituted as defined in Section 9251, shall, on the effective date of this Chapter, become null and void. Any approved Conditional Use Permit or Variance which has been exercised in the manner set forth in the terms of approval and has thereafter ceased to exist or has been suspended for at least one year, shall be declared void and any f~rther use of the premise~building or structure shall conform to the requirements for the District in which located. -43-