The city hereby abolishes its seven-member downtown design board and creates a new board of downtown design review made up of five members to be appointed by the mayor and council. The city council will appoint four members and the mayor shall appoint one member. All members shall reside in the city. The first term of members will serve as follows:

(1)

Place #1 and #2 shall be appointed by the council and shall serve for two years.

(2)

Place #3 and #4 shall be appointed by the council and shall serve for three years.

(3)

Place #5 shall be appointed by the mayor and shall serve for four years.

(Ord. No. 2024-11, § II, 1-22-2024)

The members of the downtown design board shall serve in an appellate capacity to address any and all appeals from an aggrieved party in regard to final decisions made by the building official(s) of the city building department of and concerning design standards within the districts (exhibit A).

(1)

Upon a final decision from the city building department building official(s), the official designated by the city council to administer and enforce these regulations, or his/her designee, if the aggrieved party disagrees with decision from the building official(s), he or she shall have 14 days after denial to appeal to the downtown design board.

(2)

The aggrieved party shall send notice in writing to the city clerk and the building department of its intent to appeal to the downtown design board any denial made by the building official(s).

(3)

Upon any and all appeals, the downtown design board (board) shall determine whether or not the aggrieved party's proposal within the district fits the character, historical, cultural and architectural integrity of the district as it pertains to the design guidelines of the city.

(4)

If the board finds that the plans do in fact meet the requirements of section II(B)(3) [of the design standards (exhibit A)], it shall then issue a certificate of appropriateness ("COA") to the aggrieved party.

(5)

Should the board find that the design proposal from the aggrieved party fails to meet said guidelines or any part of this article, the board shall not issue a COA.

(6)

The aggrieved party denied a COA by the board may, within ten days after the decision of the board, appeal to the county circuit court from any decision of the board by filing such appeal with the court and causing a copy of such notice to be served on the other affected parties or officials. The city clerk shall furnish the court with a certified transcript of proceedings which it had before with respect to the appeal and its decision in the matter. No bond shall be required for such an appeal and the cost of such appeal shall be taxed against the unsuccessful party or as the judge may direct. Review by the court shall be without jury and be confined to the record and to a determination of the questions of law present. The board's findings of fact shall be final and conclusive. Appeal may be taken from the judgment of the circuit court as provided by law.

(Ord. No. 2024-11, § II, 1-22-2024)

Editor's note— The exhibit A referenced above is not set out in this article, but is available on file with the city.