§ 3118.09. Decision on appeal.  


Latest version.
  • (A)

    In rendering its decision of an appeal related to the action of a commission as defined in C.C. 3116.012, the board of commission appeals shall consider whether sufficient evidence was presented by the applicant as to the following issues:

    (1)

    That the denial of a certificate of appropriateness by the commission was arbitrary, capricious and unreasonable; or

    (2)

    That the denial of a certificate of appropriateness results in a substantial economic hardship for applicant and/or applicant's unusual and compelling circumstances warrant granting such certificate; and

    (3)

    That such hardship or circumstances outweigh any detriment to the public welfare or derogation from the intent of the district or listed property and the purposes as stated in the pertinent chapter that would result from approval of the application.

    (B)

    The board shall rule on the appeal within ten (10) days of its hearing and shall send its written ruling to the applicant and the historic preservation officer. If the board rules for the applicant on either (A)(1) or (A)(2) and (A)(3) above, it shall instruct the commission from which the appeal was taken to issue a certificate of appropriateness. If the board does not rule for the applicant on either (A)(1) or (A)(2) and (A)(3) above, the commission's finding shall be upheld.

    (C)

    After conducting a hearing related to a notice of violation or violations, the board of commission appeals shall determine whether appellant has violated any provision of the code and/or the rules and regulations adopted thereto. When the board of commission appeals affirms or modifies such notice, it shall be deemed to be an order.

    (D)

    The board shall rule on the appeal within ten (10) days of its hearing and shall send its written ruling to the petitioner and the historic preservation officer.

    (E)

    A decision of the board of commission appeals pursuant to this section is final and appealable to the Environmental Division of the Franklin County Municipal Court. The applicant may return to the commission for consideration of an alternative plan at any time.

(Ord. 1354-93; Ord. 628-02 § 15: Ord. 1723-04 § 2.)