§ 14.

HEARING AND DECISION

The Board of Appeals shall hear the applicant, the permit holder or other interested parties, as well as a representative of the department from whose action the appeal is taken. After said hearing and such further investigations as the Board may deem necessary, but not later than 60 days or a reasonable time after the filing with it of the first appeal, the Board may concur in the action of the department authorized to issue, transfer or revoke the permit, or may overrule the action of said department and order that the permit be granted, restored, denied, or permitted to be transferred, as the case may be.

Any immediately adjacent property owner who requested discretionary review of a permit by the Planning Commission and prevailed, in whole or in part, shall have the status of a party under this Article or the Board’s rules in any appeal of the permit to the Board of Appeals by the project sponsor. Status of a party includes, but is not limited to, the right to any notices provided to parties, the right to receive service of papers filed by other parties to the appeal, equal time for an oral presentation including rebuttal time, service of the Board’s decision, and the right to request a rehearing; provided, however, that if there is more than one such adjacent property owner, the Board of Appeals may, at its discretion, limit the time for oral presentation to three minutes for each adjacent property owner and a combined total of three minutes rebuttal for all adjacent property owners.

History

(Amended by Ord. 128-97, App. 4/9/97; Ord. 205-00, File No. 000800, App. 9/1/2000)

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