§ 67-4610 — NOTICE TO OWNER — APPEAL

Prior to issuance or denial of a certificate of appropriateness the commission shall take such action as may reasonably be required to inform the owners of any property likely to be materially affected by the application, and shall give the applicant and such owners an opportunity to be heard. In cases where the commission deems it necessary, it may hold a public hearing concerning the application. If the commission determines that the proposed construction, reconstruction, alteration, moving or demolition is appropriate, it shall forthwith approve such application and shall issue to the applicant a certificate of appropriateness. If the commission determines that a certificate of appropriateness should not be issued, it shall place upon its records the reasons for such determination and shall forthwith notify the applicant of such determination, furnishing him an attested copy of its reasons therefor and its recommendations, if any, as appearing in the records of said commission. The commission may approve such application in any case where the owner would suffer extreme hardship, unless the certificate of appropriateness were issued forthwith. Any applicant aggrieved by a determination of the commission may appeal to the appropriate governing body. An appeal from the appropriate governing body may be taken to the district court for the county in which the land concerned is situated.

Legislative History

[67-4610, added I.C., sec. 67-4610, as added by 1975, ch. 142, sec. 2, p. 324.]