(a) If the Commission determines that a proposed architectural change is inappropriate, the Commission may deny a Certificate of Appropriateness. Within ten (10) days after its decision, the Commission shall issue a written decision setting forth the reasons for denial and send a copy of such decision to the applicant.
(b) Within ten (10) days after receipt of the denial, the applicant may apply for a rehearing, apply for mediation or appeal the decision to the Board of Zoning Appeals in accordance with the provisions of this Chapter.
(1) Rehearing. A rehearing on the application shall only be held to consider any unusual and compelling circumstances and/or substantial economic hardship that was unaddressed in the original application or hearing. Within forty-five (45) days of the Commission's receipt of a request for a rehearing, it shall hold a public hearing at which to reconsider the applicant's evidence in response to its decision. Clear and convincing evidence shall be required for the Commission to find unusual and compelling circumstances and/or substantial economic hardship. New proposals or changes to the application shall not be subject to rehearing, but shall be presented in the form of a new application.
(2) Mediation. Mediation may occur by mutual agreement between an applicant and the Commission in an attempt to find a mutual resolution to the applicant's denial. Mediation shall only be held pursuant the voluntary agreement of both the applicant and the Commission. Within fourteen (14) days after receipt of a request for mediation, a mediator shall be appointed by the joint agreement of the applicant and the Commission. Costs for the mediator, if any, shall be divided equally and paid by the applicant and the City. Mediation towards resolution may occur during the next forty-five (45) days after selection of the mediator. As a part of mediation, the Commission and the applicant shall attempt in good faith to develop an alternative plan for approval that is appropriate under the applicable standards and criteria set forth in this Chapter. New information may be considered and application revisions can be made by the applicant. If the matter is mutually resolved in the mediation to satisfaction of both parties, a Certificate of Appropriateness containing the terms of the agreement shall be issued at the next regularly scheduled Commission meeting. If the matter is not successfully resolved, then the applicant may request a rehearing under the standards of Section 1327.12(b)(1) or may appeal to the Board of Zoning Appeals.
(3) Appeal. All appeals of the Commission's denial of an application for a Certificate of Appropriateness for a proposed architectural change within a District or Listed Property shall state with particularity the grounds for the appeal. Grounds shall include:
A. The Commission's denial of the application for a Certificate of Appropriateness was arbitrary, capricious and unreasonable.
B. The Commission improperly denied the application for a Certificate of Appropriateness on the basis of applicant's claim of unusual and compelling circumstances.
C. The Commission improperly denied the application for a Certificate of Appropriateness on the basis of applicant's claim of substantial economic hardship.
(Ord. 19-17. Passed 5-8-17.)