A. From Zoning Administrator: Any person adversely affected by any final decision of the zoning administrator in the administration of this chapter may appeal such decision to the land use appeal authority in accordance with chapter 3-7 of this code.
B. From Historic Preservation Commission: Any person adversely affected by any final decision of the historic preservation commission in the administration of this chapter may appeal such decision to the city council in accordance with the provisions of this section.
1. Appeals shall be taken within ten (10) business days of a written decision by filing a written notice with the city recorder, specifying the grounds for appeal. Only grounds specified in the appeal shall be considered by the council.
2. An appeal stays all proceedings in furtherance of the action appealed from unless the historic preservation commission certifies to the city council that, by reason of fact stated in the certificate, a stay would cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by restraining order which may be granted by the appropriate appeal body or by the district court on application and notice and on due cause shown.
3. The city council shall consider the appeal during a public meeting. Notice of the public meeting shall be given to the person appealing the decision at least ten (10) calendar days prior to the meeting. The city council may modify the order, requirement, decision or determination appealed from and may make such determination as ought to be made and to that end shall have all powers of the historic preservation commission. A concurring vote of a simple majority of the total membership of the council shall be necessary to act on the appeal.
C. From City Council: Any person adversely affected by any final decision of the city council designating a historic resource to the register, or regarding an appeal from a decision of the historic preservation commission in the administration of this chapter, may have and maintain a plenary action for relief therefrom in a court of competent jurisdiction; provided a petition for such relief is presented to the court within thirty (30) calendar days after the rendering of such decision. (Ord. 2013-08, 4-16-2013; amd. Ord. 2023-65, 11-14-2023)