2009 Ordinances - Laserfiche WebLink

Home Browse Search

Committee's decision. The written appeal shall set forth any alleged error in the Committee's action or decision. The appeal shall state with specificity the nature of the error allegedly committed by the Committee in finding that the proposed erection, alteration, reconstruction or restoration of a structure would not be architecturally compatible with the historic properties, buildings or structures within the historic district. A conclusory statement of error without any allegations of specific facts shall be insufficient to meet the requirements of this paragraph. (b) An appeal review committee consisting of the planning director and the city attorney or their designees shall initially review the written appeal. In the event that the planning director initiates an appeal, the city manager shall designate a city employee not employed in the department of planning to serve on the committee in place of the planning director. The committee shall determine whether the written appeal meets the requirements of paragraph (a) above. If the appeal fails to meet the requirements, the committee will deny the appeal on the grounds of insufficiency and so notify the applicant in writing. The notification shall provide the reasons for the denial. The applicant may appeal the committee's decision to the circuit court. If the committee finds that the applicant's appeal has stated sufficient grounds for an appeal, the appeal shall be forwarded to the city clerk who shall place it on the city council's agenda. The applicant shall be notified in writing when an appeal is forwarded to the city clerk. (c) The filing of an appeal shall stay the Committee's decision pending the outcome of the appeal, except that such filing will not stay the Committee's decision if such decision denies the right to raze or demolish a building or structure. (d) The city council shall reverse the Committee's decision only upon a finding of error in the Committee's actions or findings. If the city council affirms the Committee's decision, the applicant may appeal the city council's decision to the circuit court within 30 days after the final decision is rendered by the city council. (e) The timely filing of appeal in the circuit court shall stay the city council's decision pending outcome of the appeal to the court, except that the filing of such petition shall not stay the decision if such decision denies the right to raze or demolish a building or structure. 3. That a new Table 40-56.1 entitled "Permitted Uses," as set out on Exhibit A attached hereto, is adopted as part of the above referenced Division 3. 4. That Sections 40-179 and 40-19.1 of the Code of the City of Portsmouth, V irginia, be repealed in their entirety, and that new sections 40-179 and 40-179.1 be adopted to read as follows: Sec. 40-179. Downtown Design Committee; establishment and membership. There is hereby created and established a Downtown Design Committee. (a) The committee's membership shall be appointed by City Council. Members of the committee shall serve without compensation. (b) The committee shall implement the purpose and objectives of the City's Comprehensive Plan and the "Downtown Master Plan and Waterfront Strategy" hereinafter