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12.16.01 Applicability. A decision by the Urban Design Review Board to deny a Certificate of Appropriateness or an application for waiver or modification may be appealed to the City Commission.
12.16.02 Application. An application for an appeal from a decision by the Urban Design Review Board must be filed by the owner of the subject property or the property owner's authorized agent. Such appeal must be made in writing and must be filed with the Historic Preservation Officer within 30 days after the Urban Design Review Board takes final action on the application.
12.16.03 City Commission Action.
(A) The Mayor and the City Commission will be notified of the appeal and it will be placed on the agenda for a regular or special meeting of the City Commission.
(B) In reviewing an appeal, the City Commission must review the record of the Urban Design Review Board regarding the issue appealed and determine whether the procedures and criteria established in § 12.14 or § 12.15 have been followed and/or whether the decision of Board was arbitrary, based on the record. If the City Commission finds that an error has been made, it has the authority to order the issuance of a Certificate of Appropriateness or approve an application for design review, in accordance with the applicable procedures and criteria, or may remand the issue to the Urban Design Review Board for further consideration, stipulating certain facts.
(C) If the City Commission finds no cause of action, it must uphold the decision of the Urban Design Review Board.
(D) It is the intent that the City Commission will be lenient in its judgment of plans for new construction or for alteration, repair, or demolition of structures determined to be non-contributing, except where such construction, alteration, repair, or demolition would seriously impair the historic or architectural value of the surrounding structures or area. It is not the intent of this subsection to limit new construction, alteration, or repair to any single period of architectural style.
12.16.04 Appeal to Circuit Court. A decision of the City Commission may be appealed to the Kenton Circuit Court within 30 days after the final decision of the City Commission on the appeal from the Urban Design Review Board decision. The appeal to the Circuit Court must follow the procedures set forth in the Kentucky Revised Statutes if it is alleged that there is an error in any order, requirement, decision, or determination made by the City Commission or Urban Design Review Board in carrying out their duties as set forth in this section. The computation of the 30-day time frame must be in accordance with KRS 446.030.
(Ord. O-37-06, passed 8-15-06)