§ 153.364 STANDARD OF REVIEW FOR APPEALS.
   (A)   Each appeal authority identified by this chapter shall hear and review all appeal matters “on the record,” including the review of all factual matters. Each appeal authority shall only consider those materials presented and originally before the land use authority in making the decision that is the subject of the appeal.
   (B)   The appeal authority shall determine the correctness of a decision of the land use authority in its interpretation and application of this chapter, and the town’s other land use ordinances.
   (C)   Only those decisions in which a land use authority has applied the requirements of this chapter, or the town’s other land use ordinances to a particular application, person, lot or parcel may be appealed to an appeal authority.
   (D)   An appeal application shall not be used to waive, modify or amend any requirement, provision or term of this chapter, or the town’s other land use ordinances.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1810)