(A) An applicant for a permit dissatisfied with the action of the Commission relating to issuance or denial of a permit for a modification or demolition shall have the right of appeal to the City Council within 15 days after receipt of notification of such action. Such appeal shall be in writing to the City Secretary. The applicant shall be advised by the City Secretary of the time and place of the hearing at which his appeal will be considered and shall have the right to attend and be heard as to his reasons for filing the same. In determining whether or not to certify to the appropriateness of a modification or demolition, the City Council shall consider the same factors as the Commission as set forth in § 150.152 and the report of the Commission and any other matters presented at the hearing on the appeal. If the City Council disapproves the application by a majority of the members voting, it shall direct the Building Official not to issue such permit. Such disapproval shall indicate what changes in the plans and specifications would meet the conditions for protecting the distinctive historical character of the district.
(B) Substantial evidence standard of review for appeals. The City Council shall give deference to the Historic Preservation Commission decision and may not substitute its judgment for the Landmark Commission's judgment.
(1) The City Council shall remand the matter back to the Historic Preservation Commission if it determines that there is new testimony or evidence that was not available at the Historic Preservation Commission meeting.
(2) The City Council shall affirm the Historic Preservation Commission decision unless it finds that it:
(a) Violates a statutory or ordinance provision;
(b) Exceeds the Historic Preservation Commission's authority; or
(c) Was not reasonably supported by substantial evidence considering the evidence in the record.
(C) Judicial review of decisions. The final decision of the City Council regarding an appeal of a Historic Preservation Commission decision may be appealed to the state District Court. The appeal to the state District Court must be filed within 30 days after the decision of the city Planning Commission. If no appeal is made to the state District Court within the 30-day period, then the decision of the City Council is final and unappealable. An appeal to the state District Court is limited to a hearing under substantial evidence rule.
(Ord. 2013-14, passed 11-5-13)