3.2 DESIGNATION OF APPEAL AUTHORITY

3.2.1 Planning and Land Use Commission The Planning and Land Use Commission shall act as the Appeal Authority for decisions by the Building Permit Agent determining that an application for a Land Use Decision for a building permit, a conditional use permit, an electrical or solar energy system permit, a Certificate of Land Use Compliance, or a Decommissioning Contract is routine or nonroutine, if an appeal from the determination of the Building Permit Agent is filed within 15 calendar days after the date that a determination is officially made by the Building Permit Agent. If, upon appeal, the Planning and Land Use Commission determines that a Land Use Application for a building permit, an electrical or solar energy system permit, a Certificate of Land Use Compliance, or a Decommissioning Contract is routine, it shall remand the Land Use Application to the Building Permit Agent for processing. If, upon appeal, the Planning and Land Use Commission determines that a conditional use permit is routine, it shall ratify the Building Permit Agent’s determination and approval of the conditional use permit. If, upon appeal, the Planning and Land Use Commission determines that the Land Use Application for a building permit, electrical or solar energy system permit, a Decommissioning Contract, or the Certificate of Land Use Compliance is nonroutine, it may review and issue a Land Use Decision for the building permit, the electrical or solar energy system permit, the Decommissioning Contract, or the Certificate of Land Use Compliance. If, upon appeal, the Planning and Land Use Commission determines that a Conditional Use Permit is nonroutine, it shall review the conditional use permit application and recommend action to the Town Council, which will act as the Land Use Authority to approve, approve with conditions, or deny the application. 3.2.2 Variance and Appeal Hearing Officer Except for decisions determining that a Land Use Application is routine, an individual appointed by the Town Council as the Variance and Appeal Hearing Officer (Officer) shall be the Appeal Authority for purposes of Town Land Use Regulations including Appeals from the assessment of Land Use Application fees. The Officer shall also have the responsibility to review and act upon applications for Variances. 3.2.3 Town Council The Town Council shall be the Appeal Authority for Appeals regarding applications for 1-2 Family Residential Subdivisions (see Subdivision Ordinance 2004-3).