§ 17.88.070. Appeals under zoning ordinance.

A.

Purpose. The purpose of administrative appeals is to provide an opportunity for affected parties to seek appellate review of a decision of an administrative official or the planning commission in a timely and inexpensive way. Administrative appeals are decided by the board of trustees. For purposes of this section, an underlying decision that is subject to appeal includes any order, requirement, decision, or determination made by the planning commission or by an administrative official charged with enforcement of the regulations established by the zoning ordinance of the Town; provided, however, that the underlying decision must be reduced to writing. If such underlying decision is not initially made in writing, the affected parties may request that the planning commission or the administrative official, as applicable, provide a written decision, which it shall do within fourteen (14) days of such request. The board of adjustment is responsible for final actions regarding variances (see Section 17.80.020).

B.

Standards to be Reviewed. The board of trustees will decide appeals according to the same standards that the decision-maker was to apply to the application but will hear the appeal in a manner that permits, as a matter of right, the introduction of new evidence by the appellant and the appellee, and in its discretion, the public.

C.

Scope of Review. The board of trustees will review the application in the same manner as the decision-maker. However:

1.

No evidence shall be presented to the board of trustees that was not considered by the decision-maker; and

2.

No issues shall be reviewed by the board of trustees that were not described or obviously implied by the petition for appeal.

D.

Petitioner. An appeal may only be initiated by a petitioner that qualifies as one of the following:

1.

A resident;

2.

An individual or a representative of a business that has a property interest in any real property that is adjacent to the property which is the subject of the decision appealed. As used in this section, "adjacent" shall mean immediately adjacent, or across an alley or right of way; or

3.

An individual or a representative of a business that has appeared at a public meeting and made a comment on the record regarding the decision appealed.

E.

Appeal Petition. An administrative appeal is initiated by filing a petition with the Director of Development Services. The notice of appeal shall include the following information:

1.

The name, address, and telephone number of the petitioner;

2.

A short statement indicating the nature of the application, the application number, the date of hearing, and the decision; and

3.

A short but specific statement regarding the substantive basis on which the appeal is made and, if known, how the decision appealed violates the zoning ordinance. To the extent possible, the statement shall refer to the particular section numbers upon which the petitioner relies.

F.

Timing of Appeal. Appeal petitions shall be filed within 45 days of the date of the decision being appealed. The "date of the decision being appealed" is the date upon which the underlying decision is reduced to writing pursuant to Section 17.80.070(A). Failure to file within 45 days shall cut off the right of appeal.

G.

Hearing. The board of trustees shall hold a hearing on the appeal according to the following procedures unless otherwise provided in Section 1.16.020:

1.

Order of Presentation. The appeal hearing shall be ordered as follows:

i.

The petitioner shall present the appeal.

ii.

The Town (respondent) shall present a response.

iii.

The petitioner may cross-examine the respondent.

iv.

The respondent may cross-examine the petitioner.

v.

The petitioner may make a closing argument.

vi.

The respondent may make a closing argument.

2.

Questions of Participants and Public Comment. The appellate body may ask questions of a participant at any time, and at its discretion, may allow public comment on the appeal.

H.

Decision.

1.

The appellate body may affirm, reverse, modify, or amend any underlying decision.

2.

Decisions regarding appeals shall be reduced to writing by the Director of Development Services, who shall include the material factual basis for the decision, and shall be executed by the Town manager. The Town manager's signature gives effect to the decision, but does not constitute the Town manager's approval of the decision, which is not required.

I.

Standards. The board of trustees will affirm the underlying decision unless it finds that:

1.

The underlying decision was an abuse of discretion; or

2.

The underlying decision was not supported by the facts found in the hearing.

J.

Review of Appellate Body's Decision. The board of trustee's final decision is reviewable pursuant to C.R.C.P. 106(a)(4), or as otherwise provided by state or federal law.

(Ord. No. 14-2016 , § 3, 7-18-2016)