Section 5-207 Appeals
Except as may be required by a different section of this Title that more particularly describes an appeal procedure, the following general procedures shall govern appeals from a final decision of a reviewing body or official.
5-207.A. Persons Who May Appeal. Upon final approval or denial by a reviewing body of any development application the following persons may appeal the action of the reviewing body to the Town Council:
5-207.A.1. the applicant;
5-207.A.2. any owner or lessee of property adjoining the subject property;
5-207.A.3. any owner or lessee of property within 150' of the subject property;
5-207.A.4. the Town Manager; or
5-207.A.5. any person whom the Town Attorney determines would have standing to litigate an adverse outcome.
5-207.B. Written Notice. An appeal from a final decision of a reviewing body may be taken by filing with the Town Clerk a written notice of appeal within fourteen (14) days after the date of the decision or final action appealed from. The notice shall:
5-207.B.1. Identify the owner, the applicant, and the property which is the subject of the appeal;
5-207.B.2. Briefly describe the reviewing body action complained of;
5-207.B.3. State the date of the action appealed from;
5-207.B.4. State the name, address, and telephone number of the person bringing the appeal (the appellant);
5-207.B.5. Describe the factual and legal basis of the appeal with particular reference to applicable Land Use Code provisions and any other Town regulatory requirement or procedure which may not have been complied with;
5-207.B.6. Describe any injury or harm to the appellant resulting from the reviewing body’s action;
5-207.B.7. Request that the record compiled by the reviewing body be prepared by the Town Clerk;
5-207.B.8. Certify that a copy of the appeal has been mailed to the applicant and the reviewing body on or before the date of filing of the notice of appeal, if applicable; and
5-207.B.9. Be accompanied by an appeal fee as set forth in the fee schedule adopted pursuant to Section 5-210.
5-207.C. Schedule Hearing. Upon the filing of a notice of appeal, the Town Clerk shall schedule a hearing thereon before the Town Council or such other appropriate body to be commenced within thirty (30) days after the date of filing of the notice, or as soon thereafter as can be reasonably accommodated.
5-207.D. Publish Notice. Notice of an appeal hearing shall be published on the Town’s Web Site at least ten (10) days prior to the date of appeal hearing. The notice should also be included in the publication to the Town’s Web Site of the Town Council’s regular agenda.
5-207.E. Mail Notice. Notice of the appeal hearing shall be mailed by regular U.S. Mail or hand-delivered by the Planning staff to the appellant and the applicant (if different) at least ten (10) days prior to the hearing, and any other person who has previously requested such notice in writing.
5-207.F. Consider Record. In hearing an appeal the Town Council or other appropriate appellate body shall consider only the record as compiled at the hearing or hearings before the reviewing body. The record shall consist of the development application, a transcript of the hearing before the reviewing body and all minutes, notices, letters, approval or denial resolutions, or exhibits entered into the record by the reviewing body in reaching its decision. The record on appeal shall be finalized no less than ten (10) days prior to the hearing.
5-207.G. Cost. The cost of preparation and copying of the designated record shall be paid by the appellant prior to establishment of the date of the appeal hearing, pursuant to an estimate of the cost determined by the Town Clerk. Upon the posting of a
deposit or surety equal to the amount owed, the Town Council or other appropriate appellate body may delay payment, in whole or in part, of such cost in the event of unusual hardship or for other good cause. A request to waive or refund the payment shall be heard during the same meeting as the appeal and shall not be cause to delay action on the appeal hearing.
5-207.H. Standards. A decision of a reviewing body on appeal shall be affirmed unless on appeal it is determined that the reviewing body acted arbitrarily and capriciously, abused its discretion, exceeded its jurisdiction, acted without proper evidence or a sufficient factual basis, or otherwise failed to act in accordance with the provisions of this Title. The burden of proof shall be upon the appellant to demonstrate such grounds.
5-207.I. Action. Within fourteen (14) working days after the conclusion of an appeal hearing, or as soon thereafter as may be reasonably accommodated, the Town Council or other appropriate appellate body shall in writing either affirm or reverse, in whole or in part, with or without conditions, the decision of the reviewing body. The appellate body may also remand the application to the reviewing body with or without instructions, which may include requirements for additional hearings, further findings, or other specific action on the application.
5-207.J. Extraordinary Majority Required. To reverse, modify, or remand a decision of a reviewing body on appeal, an extraordinary majority of Town Council (i.e., five (5) Councilpersons) or other appropriate appellate body or other person must so vote, except that in the event of disqualification of one (1) or more person from participating in the appeal, the number of votes necessary shall be reduced by the same number.
5-207.K. Disqualification. Participation on a reviewing body by a Town Councilperson who is a member of such body shall be grounds for disqualification due to predisposition or conflict of interest from hearing and determining an appeal or call up from a decision of that reviewing body.
5-207.L. Court Review. The decision of Town Council on an appeal (other than a remand) may be reviewed by a court of competent jurisdiction in accordance with the Colorado Rules of Civil Procedure.
5-207.M. Exhaust Administrative Remedies. The exhaustion of administrative remedies, including appeal, shall be a prerequisite for judicial review of any action on a development application made pursuant to this Code.
5-207.N. H.A.R.C. Appeals. Appeal of an action of H.A.R.C. shall be subject to any additional requirements of Section 7-217 of this Title.