Decisions by the planning commission or town council regarding master planned developments and zoning decisions, or application of this title, may be appealed to the appeal authority. Any person within the town who believes he/she may be adversely affected by a decision of the town council or planning commission regarding the application of the decision or this title, and/or the owner of the subject property affected, shall have standing to appeal a decision of the planning commission and/or town council. Appeals from town actions shall be by letter or petition and contain the name, address and telephone number of the petitioner, his or her relationship to the project or subject property, and the reasons for requesting review, including specific provisions of this title, if known, that are violated by the action taken.
A. Written Findings Of Denial Required: The planning commission or town council shall always prepare detailed written findings on any application that it denies, amends or approves. These findings shall state the reasons for the action and the provisions of this title or other town ordinances, or guidelines, or applicable state or federal laws or regulations that would be violated by the action, and the proposed conditions of action to be imposed and the reasons why those conditions were thought necessary. These findings shall then be made available to the appeal authority for their use in the appeal process.
B. Appeal Petitions Process: Besides the owner of the property acted on by the town, any person living within the town who submitted written comment on a proposal before the planning commission or town council, and the owner of any property within the town, has the right to appeal to the appeal authority any final decision of the planning commission or the town council. The petition must be filed in writing with the town recorder within fifteen (15) calendar days of final project action. The petition for the appeal shall state the name, address and telephone number of the petitioner and his/her agent, if any, the name of the project, and the grounds for the appeal. The town shall set a date for the appeal, which shall be no more than thirty (30) calendar days from the date the notice of appeal is filed with the town recorder and meet the notice requirements of section 9-1-6 of this chapter. The town recorder shall notify the petitioner and the owner of the project of the appeal date. The town recorder shall obtain the findings from the planning commission, town council and all other pertinent information and transmit them to the appeal authority.
C. Action On Petitions: The appeal authority may affirm, reverse or affirm in part and reverse in part any decision of the planning commission or town council regarding zoning decisions. The appeal authority may remand the matter to the planning commission and/or town council 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, unless the board by motion, enlarges the scope of the appeal to accept information on other matters it may legally hear.
D. Stay Of Approval Pending Review Or Appeal: Upon the filing of a nonowner petition or a petition by the owner for appeal or review by the appeal authority of a planning commission or town council decision, any action passed on this matter by the planning commission or town council will be suspended until the appeal authority has acted on the appeal.
E. Appeal From Appeal Authority: The owner of any project, or any person aggrieved by the approval of any project, may appeal from the final action by the appeal authority affecting the project by filing a civil action in a court of competent jurisdiction. The decision of the board shall stand, and those affected by the decision may act in reliance on it unless and until the court enters an interlocutory or final order stating the effectiveness of that decision.
F. Finality Of Action: If no appeal has been taken at the end of fifteen (15) days from the date of final action by the town council, planning commission or town staff, the action is final. (Ord., 1-18-2005; amd. Ord. 20-02, 3-17-2020)