(A) A final decision by the Planning Commission regarding a land use application, including a subdivision application or request for variance, maybe appealed to the Town Council as follows.
(1) The appeal shall be submitted in writing within ten days after the Planning Commission’s decision. The appeal shall contain all theories of relief that the appellant could raise and all supporting evidence.
(2) The appeal shall be on the record presented to the Planning Commission, and the Town Council shall presume the decision is valid, and uphold the decision, unless the decision is arbitrary and capricious or illegal.
(B) A final decision by the Town Council regarding a land use application, including a subdivision application or request for variance, may be appealed directly to the district court in accordance with state law.
(C) Appeals from recommendations or legislative actions may not be appealed.
(Ord. 02-01-2021 SD, passed - -2021)