1323.09 APPEALS.
   The Board of Architectural Review shall decide all applications for architectural review not later than thirty days after the hearing thereon.
   (a)    Any person, firm or corporation, or any officer, department, board or agency of the City who has been aggrieved by any decision of the Board involving an application for architectural review approval may appeal such decision to the Board of Zoning Appeals by filing a Notice of Appeal to the Board of Zoning Appeals with the Secretary of the Architectural Review Board within ten days from the date of service of the decision of the Architectural Review Board, setting forth the facts of the case.
   (b)    The Secretary of the Board of Architectural Review shall then forward the record of the proceedings before the Board of Architectural Review to the Board of Zoning Appeals who shall then hold a public hearing on the appeal as provided by law, and shall decide the matter pursuant to Section 1129.02 of the Codified Ordinances.
   (c)    In considering the appeal of the action of the Architectural Review Board, the Board of Zoning Appeals may take any of the following actions:
      (1)   Affirm the denial of the Certificate of Appropriateness or waiver; or
      (2)    Remand the application to the Architectural Review Board for further consideration of any issues raised for the first time on appeal or any other issue for which further consideration by the Architectural Review Board may be appropriate; or
      (3)   Reverse the decision of the Architectural Review Board, which reversal shall result in the granting of the Certificate of Appropriateness or waiver; or
      (4)    Issue a Certificate of Appropriateness or waiver with certain conditions to be carried out by the property owner.
   (d)    The Zoning Board of Appeals may reverse the decision of the Architectural Review Board or issue a Certificate of Appropriateness with conditions only where such action carries out the purposes of this Chapter.
(Ord. 20-15. Passed 12-8-15.)