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A. Decisions Subject to B/A Appeal
Appeals to the following decisions are processed in accordance with the B/A appeal procedure:
1. Decisions by the Zoning Administrator, including interpretations of the , notices of of the , and determinations of of conditional uses consistent with Section 10.3.3;
2. Decisions by the PDSD on applications processed in accordance with the 100' Notice Procedure, Section 3.3.4;
3. Decisions by the PDSD on a Special Exception ;
4. Review decisions where the PDSD has challenged the historic designation of a proposed for demolition;
5. Decisions of the Design Review Board (DRB) pertaining to applications in Neighborhood Preservation as permitted in Section 5.10.3.I;
6. Decisions by the PDSD on Design Development Option applications;
7. Decisions by the PDSD on Minor and Major Project Design Review applications in the Rio Nuevo District; and,
8. Other determinations in accordance with the .
B. Filing of an Appeal
Appeals must be filed with the Zoning Administrator within 14 of the effective date of the decision, or within the time provided by the individual procedure from which the decision is appealed. An appeal shall be scheduled for consideration by the B/A at the next regular meeting that is at least 35 following the filing of the appeal. The Zoning Administrator 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.
C. Public Hearing and Public Notice Required
A public hearing with the B/A is required. The B/A 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. Public notice of the public hearing is required in accordance with Table 3.2-1 and Sections 3.2.4.A-G.
The B/A may affirm, reverse, or modify the decision being appealed, and may impose conditions necessary and appropriate to implement the and other pertinent standards.
The appellant, the applicant, the Zoning Administrator, or in the case of a decision relating to NPZ design review, the PDSD , may request reconsideration of a decision on an appeal as provided in Section 3.10.1.G.
(Am. Ord. 11070, 5/14/2013; Am. Ord. 11732, 2/19/2020)