(A) Appealable actions. The following actions by the Commission may be appealed by an interested party:
(1) No public hearing. The Commission’s decision not to hold a public hearing on an application for designation of a landmark property;
(2) Site designation. A determination made after a public hearing to designate or not to designate a landmark, landmark site, landmark district; and
(3) Certificate of appropriateness. The Commission’s decision to grant or not to grant a certificate of appropriateness.
(B) Petition for reconsideration.
(1) Time limitation; grounds. Any interested person aggrieved by a preliminary determination of the Commission finding that a cultural resource is ineligible for designation may, within 35 calendar days of the date of notice of the determination, petition the Commission for reconsideration of that determination on the grounds that the determination was based on errors or omissions of fact or that new information bearing on the determination and not discoverable by the petitioner at the time of the determination is available. The petition for reconsideration shall be filed with the Commission and shall be accompanied by a statement of the grounds for the petition and supporting documents.
(2) Commission action. Within 60 calendar days of receiving the petition for reconsideration, the Commission shall make review of the record, affirm, modify, or reverse its prior determination, and may render a revised determination. The Commission may, in its discretion, hold a hearing on the petition for reconsideration.
(3) Writ of certiorari. The action of the Commission denying reconsideration and affirming its determination that a cultural resource is ineligible for designation shall be final, unless, within 20 calendar days from the date of the action, an interested person of record obtains a writ of certiorari from the District Court of the county for the purpose of review of the action taken.
(C) Notice of appeal.
(1) Appeal. Any interested person of record aggrieved by a decision of the Commission designating or rejecting a nomination for designation as landmark property or issuing or denying a certificate of appropriateness may, within 35 calendar days of mailing of notice of such designation or rejection of nomination or of such issuance or denial of a certificate of appropriateness, appeal such decision in writing to the City Council.
(2) Written notice. The written notice of appeal shall be filed with the Commission and the City Clerk and shall be accompanied by a statement setting forth the grounds for the appeal, supporting documents, and argument.
(3) Remand back to Commission; modify or reverse decision. If, after examination of the written appeal and the record, the City Council determines that:
(a) An error in fact may exist in the record, it shall remand the proceeding to the Commission for reconsideration; or
(b) If the City Council determines that the decision of the Commission is based on an error in judgment or conclusion, it may modify or reverse the decision of the Commission.
(4) Request additional information. The City Council’s consideration shall be based upon the record only; however, the City Council may, at its discretion, publicly request additional information of the appellant, the Commission, or other knowledgeable persons.
(5) Final action of City Council. The City Council shall take final action on any appeal from a decision of the Commission by adoption of an ordinance, and, when so doing, it shall make of the Commission by adoption of an ordinance, and, when so doing, it shall make and enter findings of fact from the record and reasons therefrom which support its action.
(a) Said findings and reasons shall set forth and demonstrate the manner in which the action carries out and helps to implement the goals, objectives, and criteria set forth in the ordinance.
(b) The City Council may adopt all or portions of the Commission’s findings and reasons.
(6) Writ of certiorari. The action of the City Council approving or rejecting a decision or recommendation of the Commission shall be final, unless, within 20 days from the date of the action, an interested person of record obtains a writ of certiorari from the District Court of the county for the purpose of review of the action taken.
(Prior Code, § 12-8-14) (Ord. 492, passed 7-14-1987)