In the event any party receives a decision from the Historic Preservation Commission which it desires to appeal, the party may initiate an appeal with the Frankfort Board of Zoning Appeals as follows:
(A) Within 30 days after receiving the decision of the Historic Preservation Commission as set forth in § 155.406, the applicant shall file with the Boarding of Zoning Appeals a written explanation of why the applicant believes the decision of the Commission is in error.
(B) Within 30 days after the request for review by the Board of Zoning Appeals is filed, a decision shall be issued which shall either affirm the decision of the Historic Preservation Commission or reverse the decision. Should the decision of the Board of Zoning Appeals be in favor of the applicant, the Historic Preservation Commission shall then issue the certificate of appropriateness.
(C) If the Historic Preservation Commission has denied an application to demolish a building, the applicant may appeal the decision to the Board of Zoning Appeals as set forth in divisions (A) and (B) above. If the applicant establishes to the Board of Zoning Appeals that a historic building is incapable of earning an economic return on its value, as appraised by a qualified real estate appraiser, the Board of Zoning Appeals may order the building demolished and the applicant shall reapply for its certificate of appropriateness citing the order. However, in such event, before a demolition permit is issued or demolition proceeds, the Plan Commission shall accomplish the following:
(1) Notice of the proposed demolition must be posted on the building for at least 60 days but not more than one year, as determined by the Commission. The notice, as posted, must be clearly visible from the street.
(2) Notice of the proposed demolition must be published in a newspaper of general local circulation at least three times before demolition, with the first publication not more than 15 days after the reapplication for permit was filed. The final publication shall be at least 15 days before the date of the issuance of the permit.
(Ord. 15-02, passed 3-23-15)