Section 175-94 APPEALS.
A.
Any
applicant aggrieved by a final decision of the Board of
Architectural
Review may appeal said decision to the Front Royal Town Council,
provided that
such appeal is filed, in writing, with the Town Clerk within ten (10)
days
after the final decision is rendered by the BAR. The Town Council will
hear the
matter at its next regularly scheduled meeting and will render its
decision on
the appeal at the following regularly scheduled meeting. The
Council, in
its discretion, may consider additional evidence and submissions during
the
period between meetings and at the second regularly scheduled meeting
prior to
rendering its decision.
B.
Any
applicant aggrieved by a final decision of the Board of
Architectural Review following the decision rendered on appeal to the
Front
Royal Town Council, may appeal said decision to the Circuit Court of
Warren
County, Virginia, by filing a petition at law setting forth the alleged
illegality of the BAR's action, provided that such petition is
filed with
the Circuit Court within thirty (30) days after the appealed decision
of the
Front Royal Town Council. The filing of said petition with the Circuit
Court
shall stay the decision of the BAR pending the outcome of
the appeal,
except that the filing of such petition shall not stay the
decision of the
BAR if such decision denies the right to raze or demolish an historic
landmark,
building or structure. The Circuit Court may reverse or modify
the
decision of the BAR, in whole or in part, if the Court finds, upon
review, that
the decision is arbitrary and constitutes an abuse of discretion.
The
Circuit Court may also affirm the decision of the BAR.