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(A) Appeals by applicants. Notwithstanding any provision of the Fairfax Municipal Code to the contrary, including, but not limited to, Chapter 17.036, any applicant may appeal a decision by the Zoning Administrator under this chapter. The appeal must be filed within two days from the Zoning Administrator's decision. The appeal must state in plain terms the grounds for reversal and the facts that support those grounds. The Town Council shall serve as the appellate authority for all appeals of all actions of the Zoning Administrator taken pursuant to this section. The town shall provide notice for an administrative hearing by the Town Council. The Town Council shall limit its review to whether the project should be approved or denied in accordance with the provisions in this chapter.
(B) Appeals by the general public. Any interested person or entity may appeal any decision by the approval authority in accordance with the standards and procedures in Chapter 17.036, except as modified in this section. On the next available meeting date after the appeal period lapses, or as soon as reasonably feasible thereafter, the appellate body shall hold a public hearing to consider and act on the application in accordance with the applicable provisions in the General Plan, any applicable specific plan and all applicable provisions in the Fairfax Municipal Code. Appeals from an approval will not be permitted to the extent that the appeal is based on environmental effects from RF emissions that comply with all applicable FCC regulations.
(Ord. 833, passed 8-7-2019)