Ordinance No. 19586 - Laserfiche WebLink

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mark may also be designated if the board finds that the fea- ture: a. Is in a building Or structure that is normally Open to the public as that term is defined by section 4.805 of this code, and b. Is physically attached to the building or struc- ture so as to become apart of the building yr structure, and c. Meets the integrity and historic significance criteria set out in in subsection ~b}2.b, of this section. 7. A copy of the boards's decision shall be mailed to the owner and occupants of the proposed historic landmark, the applicant, and parties who have requested a copy within one day of the decision. Unless appealed, the board's deci- sion is effective on the eleventh day after it is rendered. ~c} A~p_eals. Within 10 days of the board's decision, the dec~s~on may be appealed to the council by the owner, applicant, an adversely affected person, a person who submitted oral or written testimony tv the board, or a party entitled tv notice under subsection ~b}1. of this section. The appeal shall be on a form prescribed by the planning director, shall be based on the record, and shall state specifically how the board erred in its decision or decisionmaking. ~d} Action on, appeal s. 1. Uni~~ess the applicant and appellant a ree tv a lon er t' ~ g ~ g Mme period, the council shall hold a public hearing to allow oral argument on an appeal within 40 days of its receipt. At least ten days prior to the hearing, the city shall mail notice thereof to the applicant, appellant, owner, persons who submitted oral or written testimony to the board, and persons who requested notice of the board's decision. ~. Unless the applicant and appellant agree to a longer time period, the council shall make a decision within 15 days of the hearing. The council may, by order and findings and conclusions therein, affirm, reverse, or modify in whole or in part, any decision or determination of the board. The council shall reverse or modify the decision of the board if it finds that the board failed to follow the procedures appli- cable to the matter before it in a manner that prejudiced the substantial rights of the appellant, made a decision not supported by substantial evidence in the whole record or im- properly construed the applicable law. A copy of the decision shall be mailed to the applicant, owner, appellant, and persons who requested a copy. fie} Modifications to certain re ulations. The board or council may modify regulations pertaining to signs, fence and wall provisions, general provisions regarding height, yards, area, tat width, frontage, depth, coverage, number of off-street parking spaces required, and regulations prescribing setbacks, in the final order designating historic landmark status if the modifications: 1. Are necessary to preserve the historic character, appearance or ~ntegraty of the proposed historic landmark, and 2. Are in accordance with the purposes of zoning and sign regulations. Ordinance - 7