Title 17D City-wide Standards
Chapter 17D.100 Historic Preservation
Section 17D.100.080 Procedure - Appeal of Preliminary Designation
- The commission’s recommendation may be appealed to the Hearing Examiner pursuant to SMC 17G.050.310 by filing with an appeal with the Hearing Examiner’s office with a copy to the HPO.
- An appeal may only be filed (i) by an owner of record whose property is the subject of the preliminary designation decision or, (ii) in the case of historic district designations, on petition of at least 25% of the owners of property located within the proposed historic district.
- An appeal filed under this section may only be accepted if it is filed within fourteen (14) days of the execution of the findings of fact set forth in SMC 17D.100.050.
- An appeal filed under this section must state the grounds upon which the appeal is based, such as procedural irregularities or a clear error of law.
- Appeals filed pursuant to this section are reviewed by the Hearing Examiner on a closed record; that is, in rendering a decision, the Hearing Examiner may only take into consideration the written record of the commission’s deliberations, factual findings, and preliminary designation. No additional evidence shall be considered by the Hearing Examiner on appeal.
- The Hearing Examiner may either affirm the preliminary designation or remand the matter to the commission for further proceedings.
Date Passed: Monday, September 16, 2019
Effective Date: Friday, November 1, 2019
ORD C35807 Section 3
