Covington, Kentucky Zoning Ordinance - The City of Covington

Article 12 Review ProceduresSection 12.16 Appeals of Urban Design Review Board DecisionsSection 12.16 Appeals of Urban Design ReviewBoard Decisions12.16.01 ApplicabilityA decision by the Urban Design Review Board to deny a Certificate ofAppropriateness or an application for design review may be appealed to the CityCommission.12.16.02 ApplicationA. An application for an appeal from a decision by the Urban DesignReview Board must be filed by the owner of the subject property orthe property owner’s authorized agent. Such appeal must be madewithin 30 days after the applicant receives notice of the action of theUrban Design Review Board.B. Applications must be filed with the staff historic preservationspecialist (or City Clerk).C. The request for the appeal must be made in writing, and submittedwithin the 30-day time period.12.16.03 City Commission ActionA. The Mayor and the City Commission will be notified of the appeal andit will be placed on the agenda for the next regularly-scheduled CityCommission meeting.B. In reviewing an appeal, the City Commission must review the recordof the Urban Design Review Board pursuant to the issue anddetermine whether the procedures and criteria established in Section12.14 or Section 12.15 have been followed. If the City Commissionfinds that an error has been made, it has the authority to order theissuance of a Certificate of Appropriateness or approve an applicationfor design review, in accordance with the applicable procedures andcriteria, or may remand the issue to the Urban Design Review Boardfor further consideration, stipulating certain facts.C. If the City Commission finds no cause of action, it must uphold thedecision of the Urban Design Review Board.D. It is the intent that the City Commission will be lenient in itsjudgment of plans for new construction or for alteration, repair ordemolition of structures of little historic value not included on a list ofdesignated structures, except where such construction, alteration,repair, or demolition would seriously impair the historic orarchitectural value of the surrounding structures or area. It is not theintent of this subsection to limit new construction, alteration, orrepair to any single period of architectural style.12.16.04 appeal to circuit courtA decision of the City Commission may be appealed to the Kenton County CircuitCourt within 30 days after the final decision of the City Commission on the appealCovington, KentuckyZoning Ordinance Draft: 6/22/05Page 12-48