7.3 DISTRICT COURT REVIEW

1. Any person adversely affected by any final decision of the Appeal Authority, including Variance Decisions or legislative decision of the Town Council may Petition for Review with the District Court in accordance with section 10-9a-801, et seq., UCA, as amended. 2. A Petition for Review of a Land Use Decision may be heard by the District Court only after the appellant has exhausted his administrative remedies described above and only if the Petition for Review is filed with the District Court within thirty (30) days of the date of a final decision of the Appeal Authority. 3. A Petition for Review of a legislative decision shall be filed within thirty (30) days of Town Council’s enactment of an ordinance, Land Use Regulation, Zoning Map, or General Plan that is compliant with Section 10-9a-205, UCA. 4. Upon receipt of Notice of a Petition for Review, the Appeal Authority or Town Council shall transmit the Record to the District Court which shall include minutes, findings, orders, and transcript of the appeal proceedings, if any. If the proceeding was taped, a transcript of that tape recording shall constitute a true and correct transcript for purposes of this subsection. The cost of preparing the transcript shall be paid by the appellant prior to transmittal of the record to the Court. 5. The District Court’s review is limited to the Record provided by the Appeal Authority or Town Council. The Court may not accept or consider any evidence outside the Record unless that evidence was offered to the Appeal Authority or Town Council and the Court determines that it was improperly excluded by the Appeal Authority or Town Council. In the event there is no record, the Court may call witnesses and take evidence. 6. The Court shall review all Land Use Decisions using the “substantial evidence” standard and shall uphold the Town’s Land Use Decisions if the Record as a whole contains relevant evidence adequate to convince a reasonable mind to support the Land Use Decision. The Court shall review all legislative decisions using the “reasonably debatable” standard and shall uphold the Town’s legislative decisions if the Record as a whole contains evidence that the decision could promote the general welfare, or is reasonably debatable that it is in the interest of the general welfare. 7. The filing of a Petition for Review does not stay the decision of the Appeal Authority or the Town Council. Either the Appellant or Respondent may petition the Appeal Authority to Stay a Land Use Decision, which petition the Appeal Authority may grant only if the Appeal Authority finds the stay is in the best interest of the Town. Either the Appellant or Respondent may petition the Court to Stay a legislative decision, which the Court may grant only if the Court finds the motioning party will suffer irreparable harm if the stay is not granted. CHAPTER 8 SPECIAL RESTRICTIONS AND REQUIREMENTS All uses shall follow the requirements as further provided for in the Town’s Nuisance Ordinance 2007-3, and in the Town’s Watershed Protection Ordinance 96-1.