A. Applicability
Appeals to the DRB may be made by and
from the following decisions by the PDSD
:
1. Neighborhood Preservation
(NPZ) design review applications. An appeal under this section must be based upon an error in the
’s decision finding compliance or noncompliance with the neighborhood specific design manual and
review standards; and,
2. Architectural Variation and Privacy
Plans associated with a Flexible Lot Development.
B. Appeal to the Design Review Board (DRB)
1. Filing an Appeal
A notice of intent to appeal must be filed with the PDSD within 14
of the effective date of the PDSD
’s decision. The complete appeal materials must be filed with the PDSD within 30
of the effective date of the decision. An appeal will be scheduled for consideration by the DRB at the next regular meeting that is at least 30
following the filing of the appeal. PDSD may, for good cause, grant one extension to the second regular meeting after the filing of the appeal. The filing of an appeal stays the issuance of permits and approvals and all formal
action on the
proposal subject to the appeal.
2. Limitation on Contact With The Design Review Board
Except for duly noticed
inspection, study and public hearing, no
shall contact or discuss the merits of any appeal with any members of the DRB between the filing of the appeal and the final determination by the DRB.
3. PDSD
’s Report
The PDSD
shall forward the appeal to the DRB any additional materials provided by the appellant, any materials provided by any other
, and the
’s report and recommendation.
4. Public Hearing and Public Notice Required
a. The DRB shall conduct a public hearing on the appeal. The DRB may hold a prior study session but the application for appeal must be scheduled for public hearing within 30
of acceptance. Mailed notice of the appeal is required in accordance with Section 3.2.4.B, and must be sent not less than 15
and not more than 30
prior to the hearing. The public hearing on the appeal is conducted in accordance with the rules and regulations of the DRB.
b. The DRB may continue the public hearing for up to 45
. The public hearing shall not be continued for more than 45
without the consent of the applicant, regardless of who is the appellant.
5. Decision
a. The DRB shall reach a decision following the close of the public hearing.
b. The DRB may affirm, reverse or modify the decision subject to appeal and may impose conditions necessary and appropriate to implement the
and other pertinent regulations. The decision by the DRB shall be announced and is final at the time the decision is made following the public hearing.
c. The DRB in formulating its preliminary findings and recommendations shall apply the same standards applied by the
.
d. Written confirmation of the decision shall be provided within three
of the date of decision to all parties of record.
6. Reconsideration
The appellant, the applicant, or the PDSD
may request reconsideration of a decision on an appeal provided the request is filed with the PDSD
within 14
of the effective date of the decision is announced. A request for reconsideration may be made only where there is an error in fact or law in the decision, or where a
has new evidence that was not available at the time of the public hearing. The request shall be scheduled for the next regular meeting of the DRB.
7. Issuance of Permits and Approvals
No permits or
approvals based on the decision shall be issued, no inspections performed or other formal action taken, while the appeal is pending before the DRB or before the expiration of the period for reconsideration where no request is filed. If a request for reconsideration is filed, no permits or
approvals based on the decision shall be issued, or other formal action taken until completion of action on the request for reconsideration is announced by the DRB.