A. Appeals from the historic preservation commission's decision must be made in writing by the party seeking the permit, detailing his or her grounds for appeal, and asking for a special public hearing by the commission, to deal only with this particular appeal. Upon receiving notice of such an appeal, the historic preservation commission shall set a date for a special public hearing, giving advance notice to all interested parties as required by law. Pending the appeals process, the original ruling of the commission shall stand. At the special public hearing, the commission, using the same criteria employed when the application in question was first submitted, shall consider testimony, including that of the historic preservation inspector, directed solely to the point of whether or not the intended structure, alteration, repair, renovation, remodeling, etc., would or does violate any portion of this chapter. The historic preservation commission shall either affirm its original decision, or disaffirm it by a majority vote, and shall render a written opinion in either case. In the event the historic preservation commission shall decide that a building permit may be issued, in conformance with this chapter, it will so recommend to the historic preservation inspector, and to the city building inspector.
B. Appeals from the decision of such a special public hearing of the historic preservation commission shall be made in writing by the party seeking the permit, to the board of adjustment and appeals, stating the reason for the appeal, giving advance notice to all interested parties as required by law. Pending this appeals process, the ruling of the applicable special public hearing of the historic preservation inspector and the historic preservation commission, directed solely to the point of whether or not the intended structure, alteration, repair, renovation, remodeling, etc., would or does violate this chapter. The board of adjustment and appeals will either affirm the decision of the special public hearing of the historic preservation commission, or disaffirm the decision of the special public hearing of the historic preservation commission, or disaffirm it by a majority vote, and shall render a written opinion in either case. In the event the board of adjustment and appeals shall decide that the permit should be issued, it will enter the appropriate order directing the historic preservation inspector and city building inspector to so act.
C. Appeals from the decision of such a hearing of the board of adjustment and appeals shall be made in writing by the party seeking the permit, to the mayor and common council of the city stating the reason for the appeal. The mayor and common council shall set a date for a hearing, giving notice to all interested parties at least one week in advance of said hearing. Pending this appeals process, the ruling of the applicable hearing of the board of adjustment and appeals shall stand. At the hearing, the mayor and common council, using the same criteria employed when the application was first submitted, shall consider testimony, including that of the historic preservation inspector and the historic preservation commission, directed solely to the point of whether or not the intended structure, alteration, repair, renovation, remodeling, etc., would or does violate this chapter. The mayor and common council will either affirm the decision of the board of adjustment and appeals, or disaffirm it by a majority vote, and shall render a written opinion in either case. In the event the mayor and common council shall decide that the permit should be issued, they will enter the appropriate order directing the historic preservation inspector and city building inspector to so act. (Ord. 2015-01, 7-14-2015)