(a) Applicability. Any party aggrieved by an administrative order or decision made under this Code by any authorized administrative official may appeal that order or decision to the Downtown Design Review Board. Appeals of decisions of the Downtown Design Review Board shall be made to the Board of Zoning Appeals under the provisions for appeals of the Zoning Code (Section 1105.13).
(b) Appeal Process. Appeals shall be decided only in conformance with the approval process provided in Chapter 1105 and the design guidelines herein.
(c) Stay of Proceedings. The filing of a notice of appeal shall stay all proceedings of the action appealed unless the authorized administrative official issuing the order/decision certifies to Downtown Design Review Board that, in his or her judgement, a stay would cause immediate peril to life, health or property. In such case, no proceedings shall be stayed without issuance of a restraining order by the Downtown Design Review Board or a court of record.
(d) Hearing and Action. Upon receipt, the Zoning Administrator shall transmit the notice of appeal and the complete record of the decision to the Downtown Design Review Board. Public hearing on the appeal shall be at the next available Review Board meeting.
After the conclusion of the hearing, the Board shall within thirty (30) days take final action on the appeal, whereby it may affirm, reverse or modify the action being appealed, subject only to judicial review in the Court of Common Pleas in accordance with applicable state statutes. To this end, the Board shall have all the powers of the party from which the appeal was taken and may direct the issuance of a permit.
(Ord. 96-115. Passed 8-26-96.)