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DEVELOPMENT PROCEDURES <br /> r <br /> B. Historic Preservation Commission Action ARTICLE 8: RELIEF PROCEDURES <br /> 1. The Historic Preservation Commission shall hold a public <br /> hearing to consider the demolition delay period and allow DIVISION 1: APPEALS <br /> the discussion of alternatives to demolition and methods E <br /> for the potential preservation of historic character. Section 2.8.1.1 Purpose,Applicability and Effect <br /> 2. The Historic Preservation Commission shall consider the A. Purpose.The purpose of an appeal is to contest a final quasi- <br /> criteria for eligibility in accordance with Section 2.5.4.5 judicial or administrative decision on a development application <br /> and the potential for preservation of historic character based upon alleged misapplication of the criteria for approval of <br /> when determining the demolition delay period. the application. <br /> a. If the building, or part thereof, is not initially 1. An appeal shall not be used as a means of amending, <br /> determined to be historically significant,the varying or otherwise modifying the standards of this <br /> demolition permit shall be issued following the Development Code that apply to the development <br /> Commission's determination without further notice, application. <br /> subject to the requirements of other applicable B. Applicability.A final administrative decision on a development <br /> ordinances. application authorized by this Development Code, may be <br /> b. If the building is determined to be historically appealed to the board or commission designated in this <br /> significant, and there is potential for the preservation Development Code,where no board is designated appeals are <br /> of historic character then the Commission may decided by the Zoning Board of Adjustments. <br /> extend delaying the issuance of the demolition permit 1. A final quasi-judicial decision on a development <br /> to allow all potentially interested parties to take application may be appealed only if expressly provided for <br /> whatever steps deemedappropriate to accomplish in the regulations establishing the procedure by which the <br /> the preservation of the building.The delay may be decision was made. <br /> extended for good cause by the Commission for <br /> an additional 90 days but in no event shall the total 2. No appeal shall be taken from a legislative decision <br /> extension be for more than 180 days. authorized under this Development Code. <br /> (Ord. No. 2019-41, 11-19-19) C. Effect.The granting of an appeal supersedes the decision from <br /> which appeal was taken, and results in approval, conditional <br /> Section 2.7.4.4Violation and Penalties approval or denial of the development application for which <br /> A. It is a violation of this Division to demolish or remove a building approval was sought. <br /> subject to this Division,or part of or addition to such building, Section 2.8.1.2Application Requirements <br /> without having been issued a permit from the city specifically <br /> authorizing the demolition or removal.A person who violates A. Who May Appeal.The applicant and any owner of property <br /> this ordinance shall be subject to a fine of$2,000.00.A within the area for personal notice, if applicable, may appeal <br /> culpable mental state is not required to establish a violation of a final decision on a development application to the appellate <br /> this ordinance. body designated by this Development Code, if any. <br /> B. In addition to the assessment of any criminal penalties,the city B. The appeal shall contain a written statement of the reasons why <br /> may pursue any remedies available at law or in equity, including the final decision is erroneous. <br /> injunctive relief,to enforce the provisions of this ordinance. <br /> C. The appeal shall be accompanied by the fee established by the <br /> (Ord. No. 2019-41, 11-19-19) City Council. <br /> 2:48 Amended:September 1, 2020 <br />