(a) An applicant may appeal the denial of a COA to the Board of Zoning Appeals (BZA) within twenty-one (21) days of the date of such denial. The BZA shall consider the appeal at its next regularly scheduled meeting or within forty-five (45) days. Consideration of an appeal is not a public hearing and does not require legal notice.
(b) An official transcript of the meeting or meetings at which the application was considered must be provided to the BZA at the cost of the appellant and the appeal shall be limited to the transcript of the HAPC hearing. No new claims or evidence shall be heard and no additional testimony shall be permitted.
(c) The BZA shall reverse the decision of the HAPC, in whole or in part, if it finds that the HAPC was unreasonable, arbitrary, or capricious in its application of this Chapter.
(d) The BZA shall remand the application to the HAPC, in whole or in part, if it finds that the HAPC misinterpreted a provision of the applicable standards when making its decision or that the HAPC committed procedural error which substantively and adversely affected the rights of the applicant. (Ord. 3530. Passed 6-4-19.)