Ord 2011-055 - Laserfiche WebLink

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SECTION 2. Chapter 1, Development Procedures, Article 5, Zoning Procedures, Division 6, Certificates of Appropriateness, Section 1.5.6.6, Appeals, is amended to read as follows: Section 1.5.6.6 Appeals (a) General Procedure. An applicant or other interested person may appeal a final decision of the Historic Preservation Commission on an application for a Certificate of Appropriateness to the Zoning Board of Adjustments within ten days of the Commission's action on the application. The Zoning Board of Adjustments shall decide the appeal in accordance with Article 10, Division 1 of this Chapter 1, except as supplemented or modified in subsections (b) and (c) of this Section. (b) Supplemental Procedure. In considering the appeal the Zoning Board of Adjustments shall: (1) review the record of the proceeding from which an appeal is sought; (2) receive an overview of the case from the responsible official including previous recommendations from city staff and the decision of the Historic Preservation Commission, (3) hear arguments from the party appealing the decision of the Historic Preservation Commission; and (4) remand the matter back to the Historic Preservation Commission when testimony and evidence is presented that was not previously presented at the time of the hearing before the Historic Preservation Commission. (c) Criteria on Appeal. (1) The board shall apply the substantial evidence test to the decision of the Historic Preservation Commission. (2) The burden of proof before the board shall be on the appealing party, who must establish that the record reflects the lack of substantial evidence in support of the decision of the Historic Preservation Commission; (3) The board may not substitute its judgment for the judgment of the Historic Preservation Commission on the weight of the evidence on issues committed to the commission's discretion.