Explanation
This legislation amends Chapter 3118 of the Columbus City Codes, 1959, by enacting new Section 3118.041 which enables the Director of the Department of Development or his or her designee to appoint substitute members to the Board of Commission Appeals in the event of a conflict of interest of certain members that results in the Board being unable to hear a particular appeal due to that conflict. This ordinance will require the Director or his or her designee to maintain a list of qualified individuals for this purpose comprised of former members of architectural review commissions and former members of the Board of Commission Appeals. In addition, this legislation amends Section 3118.09 of this Chapter by clarifying the standard of review on appeal.
Fiscal Impact: None.
Emergency Designation: This legislation is being submitted as an emergency so that the Board of Commission Appeals may timely consider certain appeals that have been tabled due to no fault of the appellant because of conflicts of interest among various Board members.
Title
To amend Chapter 3118 of the Columbus City Codes, 1959, by enacting new Section 3118.041 which provides for the appointment of substitute members to the Board of Commission Appeals in the event of a conflict of interest and by amending Sections 3118.05 and 3118.09 to clarify the standard of review utilized by the Board of Commission Appeals in considering appeals before it; and to declare an emergency.
Body
WHEREAS, the Board of Commission Appeals is currently comprised of three members; and
WHEREAS, the Board has the responsibility to hear appeals of denials of certificates of appropriateness by architectural review commissions; and
WHEREAS, the Columbus City Codes, 1959, does not provide a remedy when members must recuse themselves because of a conflict of interest and such recusal results in an appellant not having a forum in which to argue his or her appeal; and
WHEREA...
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