4.1.1145 Hearing on Appeal.
A. The appellant and all other parties to the decision below shall be mailed notice of the hearing on appeal at least 20 days prior to any de novo hearing or deadline for submission of written arguments.
B. Except as otherwise provided in this chapter, the appeal shall be heard as provided in BDC 4.1.800, Quasi-Judicial Hearings. The applicant shall proceed first in all appeals.
C. The order of Hearings Body shall be as provided in BDC 4.1.815, Hearings Body.
D. The record of the proceeding from which appeal is taken shall be a part of the record on appeal.
E. The record for a review on the record shall consist of the following:
1. Minutes and audio recordings of any prior hearing, if available;
2. All written and graphic materials that were part of the record below;
3. The Review Authority’s decision appealed from;
4. Written arguments, based upon the record developed below, submitted by any party to the decision;
5. A staff report and staff comment based on the record; and
6. Other information deemed relevant by the Review Authority.
F. The Council shall not consider any new factual information in an “on the record” proceeding. Brief oral argument by the applicant and the appellant on the record may be allowed by the Council. [Ord. NS-2397, 2021; Ord. NS-2122, 2009; Ord. NS-2016, 2006]