A. A request for reconsideration shall be filed with the Community and Economic Development Director within 12 days of the date the decision was mailed. The request shall identify the condition or issue to be considered and shall specify how the applicant would be adversely affected if the issue were to remain uncorrected.

B. Upon receipt of a request for reconsideration of a Type II decision, the Community and Economic Development Director shall determine whether the request for reconsideration has merit. No comment period or prior notice shall be required for an administrative reconsideration.

C. Upon receipt of a request for reconsideration of a Type III decision, the Community and Economic Development Director shall notify all parties to the proceeding of the request and allow for a 10-day comment period on the request. In those instances in which the only grounds for reconsideration of a Type III decision are technical or clerical in nature, at the end of the comment period, the Community and Economic Development Director shall determine whether the request for reconsideration has merit. In all other instances, at the end of the comment period, the Hearings Body shall determine whether the request for reconsideration has merit.

D. The Review Authority shall modify the decision upon a determination that the request has merit and the issue substantially affects the applicant. Notice of the modification shall be sent to all parties to the proceeding. If the Review Authority determines that no modification is warranted, a denial shall be issued and sent to all parties to the proceeding.

E. Filing a request for a reconsideration shall not be a precondition for appealing a decision.

F. Filing a request for reconsideration stays the deadline for any party to file an appeal of the Review Authority’s decision. A new 12-day appeal period for all parties to the proceeding shall commence upon mailing of a modification or upon mailing a determination that a modification is not warranted. The new 12-day appeal period shall not be calculated as part of the 120-day review period. If an opponent files an appeal and an applicant has requested reconsideration, the opponent’s appeal shall be stayed pending disposition of the request for modification. If the decision is not modified, the appeal will be processed in accordance with the procedures set forth in BDC 4.1.1100. If the decision is modified, the appellant must, within 12 days of the mailing of the modified decision, file in writing a statement requesting that its appeal be activated or the appeal will be invalidated. [Ord. NS-2445, 2022; Ord. NS-2251, 2015; Ord. NS-2122, 2009; Ord. NS-2016, 2006]