A. An applicant whose application for a certificate of appropriateness is denied by the preservation commission may appeal the preservation commission's decision in writing to the city council. Within thirty (30) days after receiving at a city council meeting the written appeal, the city council shall take action.
B. The city council may affirm or modify the decision after due consideration of the facts contained in the record submitted by the preservation commission and the denied application. The city council may receive comments on the content of the record, but no new matter may be considered by the city council, and its decision shall be based solely on a determination as to whether the proposed work is in accordance with the design standards established for the district in which the property is located. If the city council approves the application as submitted, or approves the application with modifications, the executive secretary shall notify the applicant of the approval in writing within seven (7) days following the city council's determination. The preservation commission shall receive a copy of the written notice and the executive secretary shall issue the applicant a certificate of appropriateness. If the city council concurs with the decision of the preservation commission to deny the application the city council's decision shall be final. The executive secretary shall notify the applicant and the preservation commission of the denial in writing within seven (7) days following the city council's determination. Any further appeal shall be to the courts as provided by law. (Ord. 2013-20)