§ 29-121. Appeals.

(a)

Who may appeal. Any person adversely affected by any determination made by the historic preservation commission relative to the issuance or denial of a certificate of appropriateness, or by the zoning administrator in the administration, interpretation, or enforcement of this chapter, may appeal such determination to the city council.

(b)

Timing. The appeal must be filed within 30 days of the decision of the historic preservation commission or zoning administrator, as the case may be, and must be made by petition delivered to the zoning administrator. In the case of a failure of the commission to act, an appeal must be made within 15 days of the expiration of the 45-day period allowed for the commission action.

(c)

Content. The appeal shall be stated as on the application exactly as presented to the historic preservation commission or the zoning administrator, as the case may be.

(d)

Notice. The appeal shall be advertised for public notice in accordance with applications for certificates of appropriateness as required by article IV of this chapter.

(e)

Action on appeal. The city council may approve, modify and approve, or reject the determination made by the historic preservation commission or the zoning administrator, as the case may be, if it finds that the commission or zoning administrator abused their discretion in reaching a decision.

(f)

Appeal of historic preservation council action. Appeals of decisions of the city council made pursuant to this section may be taken to superior court of the county in the manner provided by law.

(Ord. No. 375, art. VI, § 6.1, 6-4-2008)