A. An applicant has the right to appeal the town manager's denial or conditional approval of an application to the town council.

B. An applicant's appeal of the town manager's denial or conditional approval of an application shall be processed in accordance with title 1, chapter 19 of this Code; provided, however, that the applicant's written notice of appeal shall be filed with the town manager within ten (10) days after the date of mailing of the town manager's decision on the application.

C. The applicant shall be provided with not less than ten (10) days' prior written notice of the appeal hearing to be held by the town council.

D. The burden of proof in an appeal filed under this section shall be on the applicant.

E. If the town council finds by a preponderance of the evidence that the decision of the town manager was correct, the town council shall uphold the decision of the town manager. If the town council finds by a preponderance of the evidence that the decision of the town manager was incorrect, the town manager's decision shall be set aside and the permit issued (if it was previously denied) or the conditions of approval stricken or modified.

F. Any decision made by the town council pursuant to this section shall be a final decision and may be appealed to the district court pursuant to rule 106(a)(4) of the Colorado Rules of Civil Procedure. The applicant's failure to timely appeal the decision is a waiver of the applicant's right to contest the denial or conditional approval of the application.

G. If there is any conflict between the provisions and requirements of this section and the provisions and requirements of title 1, chapter 19 of this code, the provisions and requirements of this section shall control. (Ord. 15, Series 2021)