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(a) Right of Appeal. The action of the Zoning Administrator, in granting or denying a variance application as described in Section 305 and Sections 306 through 306.5, or in making any order, requirement, decision or other determination, other than a variance, shall be subject to appeal to the Board of Appeals in accordance with this Section. Such an appeal may be taken by any person aggrieved or by an officer, board or commission of the City and County. An appeal shall stay all proceedings in furtherance of the action appealed from.
(b) Notice of Appeal. Any appeal under this Section shall be taken by filing written notice of appeal with the Board of Appeals within 10 days after the date of the written variance decision of the Zoning Administrator or within 15 days of any other written determination of the Zoning Administrator.
(c) Allegations. Any notice of appeal filed pursuant to this Section shall include allegations as follows:
(1) A notice of appeal filed from a variance decision shall set forth the particulars wherein the application for variance is alleged to have met or to have failed to meet, as the case may be, the five requirements set forth in Section 305(c).
(2) A notice of appeal filed from any order, requirement, decision or other determination of the Zoning Administrator, other than a variance, shall set forth specifically wherein it is alleged that there was error in interpretation of the provisions of this Code, or abuse of discretion on the part of the Zoning Administrator.
(d) Hearing. The procedure and requirements for the transmittal of the record, notice of hearing, and hearing in connection with any appeal under this Section shall be as specified in Article I, Part III of the San Francisco Municipal Code.
(e) Decision. Upon the hearing of any appeal taken pursuant to this Section, the Board of Appeals may, subject to the same limitations as are placed upon the Zoning Administrator by Charter or by this Code, approve, disapprove or modify the decision or determination appealed from, in conformity with the following requirements:
(1) In the case of a variance application, the Board shall specify in its findings, as part of a written decision, facts sufficient to establish wherein the application meets or does not meet, as the case may be, the five requirements set forth in Section 305(c); and, if the five requirements are deemed to be met, the Board shall specify the character and extent of the variance, and shall also prescribe such conditions as are necessary to secure the objectives of this Code, in accordance with Section 305(d).
(2) In the case of any order, requirement, decision or other determination of the Zoning Administrator, other than a variance, if the determination of the Board differs from that of the Zoning Administrator, it shall, in a written decision, specify wherein there was error in interpretation of the provisions of this Code, or abuse of discretion on the part of the Zoning Administrator, and shall specify in its findings, as part of such written decision, the facts relied upon in arriving at its determination.
(Added by Ord. 235-68, App. 8/7/68; Ord. 321-96, App. 8/8/96)