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DEVELOPMENT PROCEDURES <br /> D. An appeal by an applicant shall be accompanied by a copy of 2. Decision on Appeal.The appellate body shall decide the <br /> the development application on which the initial decision was appeal within thirty (30)working days of the close of the <br /> rendered. public hearing.The appellate body shall affirm, reverse or <br /> modify the decision from which the appeal was taken. <br /> E. Time for Filing Appeal.A written appeal must be filed with the <br /> Responsible Official within ten (10) working days from the final Section 2.8.1.4Criteria <br /> decision on the development application. <br /> A. The appellate body shall apply the same criteria that govern the <br /> Section 2.8.1.3Approval Process decision on the development application under the provisions <br /> of this Chapter 2 unless otherwise stated in this Development <br /> A. Responsible Official Action Code. <br /> 1. Upon receipt of a written appeal,the Responsible Official Section 2.8.1.5Expiration and Extension <br /> shall compile all documents constituting the record of the <br /> decision on appeal and transmit the record to the appellate A. For purposes of determining expiration or extension periods <br /> body. under this Development Code,the date of the appellate <br /> body's granting of relief on an appeal is the date on which the <br /> 2. The Responsible Official shall provide notice of the appeal development application is deemed approved. <br /> under Section 2.3.2.1 and conduct a public hearing in <br /> accordance with Section 2.3.3.1. <br /> DIVISION 2: VARIANCES <br /> 3. Notification of decision on the appeal shall be provided to <br /> the appellant and the applicant in accordance with Section Section 2.8.2.1 Purpose,Applicability and Effect <br /> 2.3.2.1. A. Purpose.The purpose of a variance application is to vary one <br /> B. Stay of Proceedings. Receipt of a written appeal of a decision or more standards applicable to a development application, <br /> on a development application stays all proceedings of the subject to the limitations set forth in this section or elsewhere <br /> City in furtherance of the decision from which appeal is in this Development Code. <br /> taken, including without limitation acceptance, processing or 1. A variance application shall not be used as a means <br /> issuance of any subordinate development applications, and of amending the text of this Development Code or of <br /> any development activities authorized by initial approval of the changing a zoning district, or other legislative classification <br /> development application. of the property for which the variance is sought. <br /> 1. The stay shall be lifted only if the Responsible Official 2. A variance application shall not be used as a means to <br /> certifies in writing to the appellate body that a stay would contest the applicability of a standard to a development <br /> cause imminent peril to life or property. application,an exemption determination,or a decision on <br /> 2. Thereafter,the stay may be reinstated only by order of the a development application. <br /> appellate body or a court of record,on application, after 3. Variance applications shall be decided by the Zoning Board <br /> notice to the Responsible Official,for due cause shown. of Adjustments.A variance application may not be used to <br /> C. Appellate Body Action vary standards applicable to an application for a legislative <br /> decision. <br /> 1. The initial public hearing on the appeal shall be held within <br /> twenty-five (25)working days after the filing of the appeal B. Applicability.A variance application may be filed to modify any <br /> with the Responsible Official, unless a different time is standard other than a use standard which is applicable to an <br /> prescribed by the provisions of this Chapter. administrative or quasi-judicial development application,unless <br /> otherwise specified by this Development Code. <br /> Amended:September 1,2020 r 2:49 <br />