(a) In the event an application for a Certificate of Appropriateness is denied by the Design Review Commission, the applicant shall have a right of appeal to the Planning Commission.
(b) An appeal shall be taken by filing a notice of the appeal, specifying the grounds thereof, with the City Administrative Offices within twenty (20) calendar days after notification of the decision of the Design Review Commission. The Administrative Offices will forward the appeal to the Planning Commission, with a copy to the Chairman of the Design Review Commission.
(c) The Planning Commission shall fix a reasonable time for a hearing of the appeal, give ten (10) calendar days notice to other parties in interest, and post a sign of general notice on the property of appellant.
(d) Any party may appear at the hearing in person or by attorney. All testimony from the applicant or other parties of interest shall be taken under oath and limited to reliable, probative, and substantial evidence from experts and non-experts. All testimony shall be subject to cross-examination.
(e) The Planning Commission shall render a decision as to whether the ruling of the Commission shall be upheld or whether the Certificate of Appropriateness shall be granted as requested within ten (10) calendar days following the appeal hearing, unless additional time is necessary because of unusual circumstances.
(f) The Planning Commission shall utilize the written findings of the Design Review Commission to review economic, historic, architectural, and aesthetic features of the subject structure, the nature and character of the surrounding area, the use of such structure, and its cultural importance to the City. A majority vote of the Planning Commission shall be required to overturn a decision of the Design Review Commission.
(g) Decisions by the Planning Commission shall be deemed final administrative orders for appellate purposes and any aggrieved person may file in the County Court of Common Pleas in accordance with Ohio R.C. Chapter 2506.
(h) During the pendency of a timely filed appeal before the Planning Commission for a decision of the Design Review Commission, or during the appeal time prescribed in Ohio R.C. Chapter 2506 for a decision of the Planning Commission, no Certificate of Appropriateness, Zoning Permit, Building Permit, or other permit necessary for the activity applied for shall be issued, or if issued, shall be valid. (Ord. 2008-06. Passed 4-14-08.)