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Agenda 08/24/2004
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Agenda 08/24/2004
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9/23/2004 7:47:16 PM
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9/23/2004 6:42:55 PM
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City Council
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8/24/2004
City Council - Category
Agendas
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General
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days after the decision of the board, a written petition indicating the intention to <br />appeal. The same provisions for setting a hearing date as aforesaid shall apply. <br /> <br />On any such appeal, the final decision of the Architectural Review Board shall be <br />stayed, pending the outcome of the appeal before City Council, except that the <br />filing of the appeal shall not stay the decision of the board if such decision <br />denies the right to raze, move or demolish any historic landmarks, building or <br />structure. The City Council shall conduct a full and impartial public heating on <br />The matter before rendering a decision. <br /> <br />The same standards and considerations aforesaid in this section shall be applied <br />by the City Council, as are established for the Architectural Review Board. By <br />majority of those members present and voting, the City Council may affirm, <br />reverse or modify the decision of the board, in whole or in part. The decision, <br />subject to section of this ordinance, shall be final. If approved, a certificate of <br />appropriateness shall be signed and issued by the Clerk of Council, and <br />processed in the same manner as if it had been approved by the Architectural <br />Review Board. <br /> <br />P. Appeal to the Circuit Court to Review Decision by the City Council <br /> <br />Any person or persons jointly or severally aggrieved by any decision of City <br />Council as relates to this ordinance, or any taxpayer or any officer, department, <br />board or bureau of the City, may present to the circuit court a petition specifying <br />grounds on which aggrieved, within thirty (30) days after the decision is rendered <br />by City Council. <br /> <br />Upon the presentation of such petition, the court shall allow a writ of certiorari to <br />review the decision of the city council, and shall prescribe therein the time within <br />which a return thereto must be made. <br /> <br />The filing of said petition shall stay the decision of the city council, pending the <br />outcome of the appeal to the court, except that the filing of such petition shall not <br />stay the decision of the City Council, if such decision denies the right to raze, <br />move or demolish a historic landmark, building or structure. The court may <br />reverse or modify the decision of city council, in whole or in part, if it finds upon <br />review, that the decision of city council is contrary to the law, or that its decision <br />is arbitrary and constitutes an abuse of discretion; or it may affirm the decision of <br />city council. <br /> <br />Q. Demolition, Razing or Moving of Buildings and Structures Within a Historic Area <br /> <br />The demolition, razing or moving of any building or structure located within a <br />historic area shall be permitted if, and only if, the owner has secured a certificate <br />of appropriateness. The same procedure, relevant guidelines, and appeals process, <br />shall apply for issuance of certificates of appropriateness for demolition, razing or <br /> <br />7 <br /> <br /> <br />
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