§ 155.11  APPEALS.
   (A)   Action by Council.
      (1)   (a)   Within 35 days following the receipt of any appeal under this chapter, or at the first regularly scheduled Council meeting that has not been fully subscribed or such further time to which the applicant may agree, the Council shall consider such appeal and shall hear a report from the Chairperson of the Historic Preservation Commission or the Chairperson’s designee.
         (b)   The Council shall either uphold the decision of the Commission, overturn the decision with or without modifications or conditions, or remand the application to the Commission for further review.
         (c)   In considering appeals, the Council shall apply the same standards as those applied by the Commission, but it is recognized that the Council shall apply such standards in the context of its broader responsibility in promoting, and broader perspective of, the public health, safety, welfare and in the context of its fiduciary responsibility.
      (2)   The failure of the Council to consider the appeal within the time period prescribed or such further time period to which the applicant may agree shall be deemed to be an affirmation of the determination of the Commission.
   (B)   Appeal procedures.
      (1)   The Council may establish procedures from time to time for the conduct of any appeal.
      (2)   Such procedures may be modified in the discretion of the Council in order to foster the gathering of information necessary to ensure that the purposes of this chapter are achieved and to provide full and fair hearing and consideration of the issues on appeal.
   (C)   Remand to Commission.
      (1)   In the case of a vote by the Council for remand of an application, the Chairperson of the Commission shall be so notified and shall schedule the matter for a new public hearing at the next regularly scheduled Commission meeting for which adequate time is available to provide the required public notice under § 155.07(C)(2)(b), or such later time to which the applicant may agree.
      (2)   In all other respects, the hearing on remand shall be conducted in the same manner as any other hearing under § 155.07(C).
      (3)   If the hearing on remand is not commenced within 60 days after the Council’s decision to remand, however, the application shall be deemed approved.
   (D)   Reversal of decision. In the case of a vote by the Council to overturn, in whole or in part, the decision of the Commission, written findings shall be prepared in support of the Council’s decision and a copy of said findings shall be provided to the Chairperson of the Commission.
(Prior Code, § 51-10)  (Ord. 2012-03, passed 2-6-2012)