The applicant, staff or any other person with standing to challenge a decision administering or interpreting this title may appeal the decision as follows:
A. Zoning Title Interpretation And Administration: All town decisions which interpret or administer this title, may be appealed to the appeal authority within ten (10) days of final action, by filing notice of appeal with the town clerk.
B. Conditional Use Permit: The appeal authority shall hear appeals of town council decisions with respect to a conditional use permit. The appeal must be filed with the town clerk within ten (10) days of the town council action.
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 town council;
2. The owner of any property within three hundred feet (300') of the boundary of the subject site;
3. Any town official, board or commission having jurisdiction over the matter; and
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 appeal authority 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. Standards For Appeals: The appeal authority shall comply with the following standards for all appeals:
1. The town clerk, in consultation with the appellant, shall set a date for the appeal;
2. The town clerk shall notify the owner of the appeal date;
3. The appeal authority shall consider the written appeal, final action and all other pertinent information from the appellant, town council and planning and zoning commission;
4. The appeal authority 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 appeal authority, by motion, enlarges the scope of the appeal to accept information on other matters; and
5. The appeal authority shall prepare written findings for review and approval within thirty (30) working days of the appeal authority decision.
G. Notice: Notice of all appeals shall be given 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.
H. Stay Of Approval Pending Review Of Appeal: Upon appeal, any approval granted by the town council will be suspended until the reviewing body has taken final action on the appeal.
I. Further Appeal To District Court: The applicant or any person aggrieved by appeal authority may appeal from the final action of the appeal authority 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.
J. 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. (Ord. 04-2017, 4-6-2017)