(A) In the event the Board of Architectural Review disapproves an applicant for a building permit in a historic district, the applicant for the permit may appeal to the Planning Commission, which shall hold a public hearing thereon and shall vote on the applicant’s appeal within 90 days after the notice of appeal is filed with the commission. The Commission shall give notice of the time, place, and reason for holding a public hearing thereon by publication in a newspaper of general circulation in Richmond not earlier than 21 days nor later than seven days before the public hearing.
(B) (1) If the Commission finds that the application for a building permit conforms to the intent of the historic district regulations and it votes to approve the application, the Commission shall issue a Certificate of Appropriateness to the applicant and transmit a copy to the Building Inspector.
(2) If the Commission votes to disapprove the application for a building permit, it shall transmit its decision to the Building Inspector. In such cases, no building permit or certificate of occupancy shall be issued by the Building Inspector on the application for a period of one year from the date of the decision of the Commission. After one year from the date of the decision of the Commission, the Building Inspector shall issue the building permit provided that the application meets all other requirements of law.
(3) Any person or persons aggrieved by any decision of the Planning Commission affecting a historic district shall have the right to file a civil suit within 30 days from the date of the decision in a court of competent jurisdiction under the usual rules of procedure governing orders and injunctive relief provided the situation warrants it.
(Ord. 04-02, passed 2-3-04)