10-3-17 APPEAL PROCEDURES

Any person adversely affected by a decision administering or interpreting a provision of this title may appeal to the Appeal Authority as applicable and designated by this Code. A. Procedure: Appeals of Town Actions shall be by letter or petition and contain the name, address, and telephone number of the petitioner: relationship to the project/subject property; and the reasons for the appeal, including specific provisions or regulations of this Code that have purportedly been violated by the action taken by the Town. 1. Petition or Letter Process: the Owner of the property acted on by the Town, and any person living or owning property within the Town, has the right to appeal to a final decision of the Land Use Authority or Legislative Body regarding planning and zoning decisions. a. Items needed for Petition: i. Name, Address, telephone number of petitioner and agent ii. Name of project, or short description of situation iii. Reason for appeal b. The City shall set a date for the appeal hearing, which shall be no more than thirty (30) calendar days from the date the notice of appeal is filed, and can meet notice requirements set by the state. c. The Recorder shall notify the petitioner and the owner of the project or affected property of the appeal date. d. The Recorder shall obtain the findings from the Land Use Authority and Legislative body, depending on the situation, and shall make these findings and all other pertinent information available to the Appeal Authority for their use in the appeal process. 2. Action on Petitions: The Appeal Authority may affirm, affirm in part, reverse, or reverse in part any decision of the Land Use Authority or Legislative Body regarding planning and zoning decisions. The Appeal Authority may remand the matter to the Land Use Authority or Legislative Body with directions for specific areas of review or clarification. Appeal Authority review of petitions of appeal shall be limited to consideration of only those matters raised by the petition(s), unless the Appeal Authority, by motion, enlarges the scope of appeal to accept information on other matters it may legally hear. 3. Stay of Approval Pending Review or Appeal: Upon the filing on an appeal to the appeal Authority of a Land Use Authority or Legislative Body decision, any action on the matter by the Land Use Authority or Legislative Body will be suspended until the Appeal Authority acts on the appeal. 4. Appeal from the Appeal Authority: the owner of any project, or any person aggrieved by a decision of the Appeal Authority my appeal the final action by filing a civil action in the District Court as provided by state law. The decision of the Appeal Authority shall stand, and those affected by the decision may act in reliance unless, or until the court enters an interlocutory or final order stating the effectiveness of the decision. 5. Finality of Action: If no appeal has been filed at the end of fifteen (15) days from the date of final action by the Legislative Body, Land Use Authority, or Staff, the action is final. The Legislative Body may extend the appeal time period on any particular project as deemed necessary by Legislative motion.