A. Actions.

1. Upon receiving a Planning Commission recommendation, the Town Council will review the matter in a closed record hearing and make a decision.

2. When no Planning Commission recommendation is required, the Town Council may at its discretion, hold a public hearing and make a decision on the following matters:

a. Appeal of administrative interpretations;

b. Appeal of determinations of significance;

c. Other matters not prohibited by law.

B. Decisions. The Town Council shall make its decision by motion, resolution or ordinance as appropriate.

1. A Council decision following an open record public hearing (if applicable) shall include one of the following actions:

a. Approve as recommended;

b. Approve with additional conditions;

c. Modify, with or without the applicant’s concurrence, provided that the modifications do not:

i. Enlarge the area or scope of the project,

ii. Increase the density or proposed building size,

iii. Significantly increase adverse environmental impacts as determined by the responsible official;

d. Deny (reapplication or resubmittal is permitted);

e. Deny with prejudice (reapplication or resubmittal is not allowed for two years);

f. Remand for further proceedings where appropriate;

g. Regarding subdivision, the Town Council may adopt its own recommendations and approve or disapprove the plat;

h. Notice of Decision. A written notice for all final decisions shall be sent to the applicant and to all parties of record. Persons who desire to be a party of record shall so notify the Town Clerk and provide the Town Clerk their name and mailing address. For development applications requiring Planning Commission review and Town Council approval, the notice shall be the signed ordinance or resolution. (Ord. 99-362 §3, 1999; Ord. 319 §X, 1996)