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A. Administrative decisions may be appealed to the Design Review Board. An appeal fee, as may be adopted by resolution of the City Council, shall be required for any appeal. Appeals shall comply with the following:
1. Any such appeal shall be submitted within ten (10) calendar days after the written decision by filing with the Administrator a notice of appeal specifying the grounds for the appeal. The Administrator shall transmit to the Design Review Board all documents constituting the record upon which the appeal is based. An appeal stays all proceedings in furtherance of the action taken.
2. Within seven (7) calendar days after receipt of an appeal, the Zoning Administrator shall fix a date for the application to be heard and shall notify the appealing party and applicant, if not the appealing party, with no further notification being required.
3. The grounds for the appeal may address, but is not limited to, the following:
a. Inconsistency with the required findings specified within subsection 8-2A-13B of this article;
b. Inconsistency with the purpose and objectives of this article;
c. Lack of nexus between the requirement and the proposal;
d. Discriminatory action;
e. Unwarranted prevention of an allowed land use;
f. Undue interference with the design integrity of the proposal;
g. Prohibition or unwarranted restriction of building type or material;
h. Violation of law.
4. The Design Review Board shall either recommend approval, recommend approval with supplementary conditions, continue for further review, or recommend denial of the design review application as presented and shall adopt findings as required within subsection 8-2A-13B of this article.
5. Upon receipt of the recommendation by the Design Review Board, the City Council shall either approve, approve with supplementary conditions, remand to the Design Review Board for further consideration, or deny the appeal as presented. In lieu of adopting findings as outlined within subsection 8-2A-13B of this article, the City Council may adopt the Design Review Board's findings. Within seven (7) calendar days after a decision has been rendered by the City Council, the Zoning Administrator shall provide the applicant with written notice of the action on the request. (Ord. 781, 8-8-2017)