The time frame and appeals procedures for decisions made by the Architectural Review Board shall be as follows.
(A) Approval. Upon approval of the plans, the ARB shall transmit a report, in writing, to the Enforcement Officer, stating the basis upon which approval was made and declaring its intent to issue a certificate of appropriateness to the applicant. The Board shall also give notice by way of publication of its decision, including the location of the subject property, the date of its action, the date a certificate of appropriateness would be issued, and the course of appeals for any resident of the city. Notice shall be given by one publication in the local paper of greatest circulation in the county in the issue immediately following the date of the action of the ARB. If no written appeal is received, the certificate of appropriateness shall be issued five working days after the date of publication. The certificate shall be signed by the Chairperson of the ARB.
(B) Disapproval. In the case of disapproval, the Board shall state the reasons therefor in a written statement to the applicant, with a copy to the Zoning Enforcement Officer, and may advise the applicant and make recommendations thereto in regard to appropriateness of design, arrangement, texture, materials, color, and the like of the property and structure(s) involved. Any application which is disapproved may not be brought before the Architectural Review Board until at least 12 months have lapsed.
(C) Failure to take action. If the ARB shall fail to take final action upon any case within 60 days from the date the application for the permit is deemed complete, except where mutual agreement has been made for an extension of the time limit, the application for permit shall be considered approved and the Planning Commission shall cause a certificate of appropriateness to be issued.
(D) Appeal of ARB decisions.
(1) In the event the ARB disapproves an application for a permit in the Historic Overlay District, an applicant shall have 30 days from the date of the Board’s action to appeal the decision to the Planning Commission. Should no appeal be filed with the Commission within 30 days, any further review shall be treated as a new application and shall be reviewed as provided in § 152.304.
(2) In the event the ARB approves an application for a permit in the Historic Overlay District, any resident of the city shall have five working days from the date the decision is published in which to file an appeal of the decision to the Planing Commission.
(3) Upon receipt of an appeal of the ARB’s decision, the Planning Commission shall hold a public hearing on the permit application within 60 days of the date the appeal is filed. Appropriate notice shall be given as per KRS Chapter 424. The Commission may only hear evidence relating to criteria set forth in § 152.304. The Commission shall vote to approve or disapprove the ARB’s decision within 60 days of the public hearing.
(E) Appeals of Planning Commission decisions. Any person or entity claiming to be injured or aggrieved by any decision of the Planning Commission to approve, deny, or postpone action on an appeal of the ARB’s decision may further appeal to the County Circuit Court within 30 days of the decision pursuant to KRS 100.347.
(F) Amendments available for review. The Architectural Review Board submitted amendments to the Planning and Zoning Chapter, passed by City Council, and are available for review at City Hall.
(Prior Code, § 152.296) (Ord. 920.27, passed 10-7-1993; Ord. 920.5-200, passed 11-2-2001)