2-3.17 APPEALS AND RECONSIDERATION PROCESS

The applicant, staff, or any other person with standing to challenge a decision administering or interpreting this Section may appeal the decision as follows: A. ZONING ORDINANCE INTERPRETATION AND ADMINISTRATION. All Town decisions, which interpret or administer this Section, may be appealed to the proper Appeal Authority within ten (10) days of final action, by filing notice of appeal with the Town Clerk. B. DISTRICT COURT REVIEW. The District Court hears appeals of decisions of the Town Council and Town Attorney while acting as Appeal Authorities that are filed within thirty (30) days of the final decision of the Appeal Authority. See 2-4.1 POWERS AND DUTIES MATRIX. C. STANDING TO APPEAL. The following persons have standing to appeal a final action: 1) Any person who submitted written comment or testified on a proposal before the Planning Commission; 2) The owner of any property within three hundred (300) feet of the boundary of the subject site; 3) Any Town official, Board or Commission having jurisdiction over the matter; 4) The owner of the subject property. D. FORM OF APPEALS. Appeals must be filed with the Town Clerk and must be by letter or petition, with the name, address, and telephone number of the petitioner; his or her relationship to the project or subject property; and a comprehensive statement of the reasons for the appeal, including the specific provisions of law that are alleged to be violated by the action taken. E. WRITTEN FINDINGS REQUIRED. The appellate body shall prepare detailed written Findings of Fact, which explain the circumstances of the body’s decision and conclusions of Law in support of its decision. F. ACTION ON APPEALS TO A TOWN BODY. The Town shall comply with the following standards for all appeals under this Section: 1) The Town, in consultation with the appellant, shall set a date for the appeal; 2) The Town shall notify the owner of the appeal date; 3) The Town body hearing the appeal shall consider the written appeal, final action and all other pertinent information from the appellant and the Planning Commission. 4) The Town body hearing the appeal may affirm, reverse, or affirm in part and reverse in part any properly appealed decision or may remand the matter with directions for specific areas of review or clarification. Appellate review is limited to consideration of only those matters raised in the written appeal and the staff’s responses thereto, unless the body, by motion, enlarges the scope of the appeal to accept information on other matters; and 5) The Town shall prepare written findings for review within thirty (30) calendar days of the appellate decision. G. TOWN COUNCIL CALL-UP. Within fifteen (15) calendar days of final action on any decision, the Town Council, on its own motion, may call up for review any final action taken by the Planning Commission. The Town Clerk shall give prompt notice of the call-up to the Chairman of the Planning Commission together with the date set by the Council for consideration of the merits of the matter. The Clerk shall also provide notice as required below. In calling a matter up, the Council may limit the scope of the hearing to certain issues. H. NOTICE. Notice of all appeals or call-ups shall be given by: 1) By mailing courtesy notice ten (10) days prior to the hearing to the applicant and all parties who requested mailed courtesy notice for the original action. I. STAY OF APPROVAL PENDING REVIEW OF APPEAL. Upon call-up, or appeal, any approval granted by the Planning Commission or staff will be suspended until the reviewing body has taken final action on the appeal. J. APPEAL FROM THE TOWN COUNCIL. The applicant or any person aggrieved by Town action on the project may appeal from the final action of the Town Council or Town Attorney to a court of competent jurisdiction. The decision shall stand, and those affected by the decision may act in reliance on it unless and until a court enters an interlocutory or final order modifying or suspending the decision. K. FINALITY OF ACTION. Final action occurs when the deciding body has adopted and executed written Findings of Fact and Conclusions of Law on the matter in question.