§ 153.126  APPEALS FROM ARCHITECTURAL REVIEW BOARD TO TOWN COUNCIL.
   (A)   Whenever the Architectural Review Board shall, in a final decision, disapprove an application for a certificate of appropriateness, or whenever the Architectural Review Board shall, in a final decision, disapprove an application for a certificate of appropriateness to raze a building, the applicant for such certificate shall have the right to appeal to and be heard before the Town Council; provided, that within 15 days of the decision of the Board, a notice in writing of his or her intention to appeal is filed with the Town Clerk. Upon receipt of such notice, the Town Clerk shall forthwith notify the Zoning Administrator who shall schedule a public hearing before the Town Council pursuant to public notice as required by VA Code § 15.2-2204. Each such notice shall be accompanied by a check or money order in at least the sum of $50 to cover the costs of such notice.
   (B)   Whenever the ARB shall, in a final decision, approve an application for a certificate of appropriateness, or whenever the ARB shall, in a final decision, approve an application for a permit to raze a building, opponents to the granting of such certificate or of such permit shall have the right to appeal to and be heard before the Town Council; provided, that their appeal is filed with the Town Clerk, within 15 days after the decision of the ARB. Upon receipt of such notice, the Town Clerk shall forthwith notify the Zoning Administrator, who shall schedule a public hearing before the Town Council pursuant to a public notice as required by VA Code § 15.1-431. Each such notice shall be accompanied by a check or money order in an amount set by Council from time to time to cover the costs of such notice.
   (C)   On any such appeal, the final decision of the Architectural Review Board as appealed from shall be stayed pending the outcome of the appeal before the Council. The Council shall conduct a full and impartial public hearing on the appeal before rendering any decision. The same standards shall be applied by the Council as are established for the Architectural Review Board. The Council may affirm, reverse or modify the decision of the ARB, in whole or in part except that the filing of such petition shall not stay the decision of the ARB, if the decision denies the right to raze or demolish an historic landmark, or contributing structure. The decision of the Council shall be final, subject to appeal to a Court of Record.
(1996 Code, § 176-141)