Skip to code content (skip section selection)
An applicant who has received an approval subject to modifications or has been denied a Certificate of Appropriateness by the Preservation Commission may appeal the decision to Council, Council acting as an Administration Hearing Board.
(a) Any such appeal shall be made within thirty (30) days of the date of the Final Order or the date of termination of good faith discussions by the Preservation Commission.
(b) Grounds for the appeal shall be given by the applicant in the papers submitted and the grounds shall be limited to procedural errors by the Preservation Commission, failure by the Preservation Commission to consider the entire record presented to the Preservation Commission with respect to the application, an incomplete explanation for the decision reached by the Preservation Commission, or where there has been a clear misapplication of the Historic Design Review Guidelines.
(c) When considering an appeal, the Council shall review the entire record before the Preservation Commission.
(d) The Council may request additional information from the Preservation Commission and/or from the applicant.
(e) The Council may by two thirds vote of its current members and by motion, affirm, reverse, or modify the Preservation Commission's decision. If the Council affirms the decision, the denial of the Certificate will stand. If the Council reverses or modifies the decision of the Preservation Commission, it shall state the reasons for the reversal or modification.
(Ord. 032-09. Passed 5-21-09.)