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Decisions of the T :brafy Histefiea Commissio Planning Commission may be appealed to the <br />City Council. Such appeals shall be filed with the City Clerk within fifteen (15) days of the date <br />of the decision. <br />An appeal shall be scheduled before the appellate body for a decision within forty-five (45) days <br />of the City's receipt of the appeal, unless both applicant and appellant consent to a later date. <br />Appealed items shall be noticed in a manner required for the item being appealed as prescribed <br />in Section 4-26-400. <br />Any proposal regarding a designated historic resource, or potentially eligible historic resource <br />that is denied by the Library y Historical Commission Planning Commission, the Commission <br />Secretary or the City Council may be presented for a new decision after: <br />(a) New information is presented regarding the resource; <br />(b) The proposed project has changed significantly from that originally presented; or <br />(c) Two (2) years have passed since the original presentation date. <br />42. Severability <br />If any section, subsection, sentence, clause, or phrase of this ordinance, or its application to any <br />person or circumstance, is for any reason held to be invalid or unconstitutional by a court of <br />competent jurisdiction, such decision shall not affect the validity of the remaining portions of <br />this article, including its application to other persons or circumstances. The City Council hereby <br />declares that it would have adopted this article and each and every section, subsection, sentence, <br />clause, and phrase thereof not declared invalid or unconstitutional, without regard to whether any <br />portion of the article would be subsequently declared invalid or unconstitutional. <br />43. Effective Date <br />This ordinance shall take effect thit y (30) days after ^d^ January 1, 2023. The City Clerk <br />is directed to publish the title once and post a complete copy thereof on the City Council <br />Chamber bulletin board for five (5) days prior to adoption. <br />ORDINANCE NO. 2022-021 15 <br />