Should the Commission fail to issue a certificate of appropriateness due to the failure of the proposal to conform to the guidelines, the applicant may appeal such decision to the Common Council within 30 days of the mailing of the notice of denial to the applicant.
(A) The Common Council may affirm, overrule or modify a Commission decision within 30 days of the receipt of the applicant's written appeal. Failure of the Common Council to act upon an appeal of an Commission decision within such period of time shall constitute a denial of such appeal. If the Common Council overrules or modifies a Commission decision, such Common Council decision shall have an effective date 15 days from the date of the Common Council decision. On such effective date, the Commission shall issue a statement of waiver.
(B) The 6-month time period, following a denial of a certificate of appropriateness by the Commission and during which a certificate of appropriateness or statement of waiver may not be issued, shall be tolled during the pendency of an appeal by the applicant.
(Ord. 705/96, passed 3-28-96)