Any person desiring to initiate a change in this ordinance or the zoning map shall submit a petition to the administrator explaining the request and the reasons therefore. The petition shall be accompanied by an amendment petition fee in an amount determined by resolution of the legislative body.   

Amendments shall be made in the following manner:

1. An Applicant must file a written request for amendment with the Town Clerk. The Town Council or Planning Commission may initiate an amendment as provided below. An owner/applicant shall file an application, which shall include, without limitation:
   1. A list of the names and addresses (in label form) of all owners of all properties for which the amendment is requested and for all property within three hundred feet (300’) of the boundaries of the area for which the amendment is requested;
   2. The legal description of all property included; and
   3. A written statement addressing the criteria required for approval pursuant to sub-section (E) below.
2. The Planning Commission shall hold a public hearing on all amendments to this title or to the zoning map. The Town Clerk shall cause a notice, including a description of the property for which the zoning amendment is requested, a brief explanation of the proposed zoning, and the date, place and time of the public hearing, to be prepared as provided in LMC 16.42.100 Notice below. The purpose of the notice is to reasonably inform surrounding property owners and jurisdictions of the Application. No minor omission or defect in the notice or mailing shall be deemed to impair the validity of the proceedings to consider the Application.
3. Following the public hearing, the Planning Commission shall adopt a written recommendation to the Town Council, advising the Council to approve, disapprove, or modify the proposal. If the Planning Commission fails to take action within thirty (30) days of the close of the public hearing, the Town Council shall consider the matter forwarded from the Planning Commission with a negative recommendation. The Planning & Zoning Board shall recommend adoption of proposed amendments only where it finds that the proposed amendment is in accord with the Levan Town General Plan, or that changed conditions make the proposed amendment necessary to fulfill the purposes of this ordinance.
4. Concurrence by the legislative body in an unfavorable recommendation from the Planning Commission shall constitute a denial of the application, and no public hearing shall be held, unless one is specifically requested by the applicant. If the legislative body determines the proposed amendment to be desirable despite the Planning & Zoning Board's unfavorable recommendation, a public hearing shall be held. Re-submission of an application for the same amendment shall not be allowed for a period of twelve (12) months.
5. Before any amendment or change shall be passed by the legislative body they must hold a public hearing on all proposed amendments to this title or zoning map forwarded from the Planning Commission. Notice of the public hearing shall be consistent with LMC 16.42.020(B). After the required hearing on the proposed amendment, the legislative body may adopt or reject such amendment.
6. The Town’s zoning is the result of a detailed and comprehensive appraisal of the Town’s present and future land use allocation needs. In order to establish and maintain sound, stable, and desirable development within the Town, re-zoning of land is to be discouraged and allowed only under the limited circumstances herein described. Therefore, the Planning Commission may recommend, and the Town Council may grant, a re-zoning Application only if it determines, in written findings, that the proposed re-zoning is consistent with the policies and goals of the Levan Master Plan and that the Applicant has demonstrated that the:
   1. Proposed re-zoning is necessary either to comply with the Levan Master Plan Proposed Land Use Map, or to provide land for a community need that was not anticipated at the time of adoption of the Levan Master Plan;
   2. Existing zoning was either the result of a clerical error or a mistake of fact, or that it failed to take into account the constraints on development created by the natural characteristics of the land, including but not limited to, steep slopes, flood plain, unstable soils, and inadequate drainage; or
   3. Land or its surrounding environs has changed or is changing to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changed character of the area.
7. The Town Council may enact an ordinance, without a public hearing or Planning Commission recommendation, which establishes temporary zoning regulations for any part or all of the area within the municipality if the:
   1. Town Council makes a written finding of compelling, countervailing public interest; or
   2. Area is not zoned.

Temporary zoning regulations may prohibit or regulate the erection, construction, reconstruction, or alteration of any Building or Structure or any Subdivision approval. The Town Council shall establish a period of limited effect for the ordinance, which period may not exceed six (6) months.

The Board of Adjustment (BOA), the Planning Commission (PC), and the Town Council (TC) each have the following primary authority to review Applications for compliance with this Title: 

Reviewing Bodies

1. No Building Permit shall be valid for any Structure unless the plans for the proposed structure have been submitted to and have been approved by the Planning Commission.
2. No new use shall be valid on any Property unless the use is allowed in the zone, or unless a Conditional Use Permit has been properly issued for the use.
3. No Subdivision map shall be recorded unless all conditions of subdivision approval have been satisfied or otherwise secured.
4. The Planning Commission may process one (1) Application at a time, per property or may process coordinated Applications simultaneously.
5. The Planning Commission issues permits for Allowed Uses, Conditional Uses, and Building Permit applications.
6. The Planning Commission reviews, and forwards a recommendation to the Town Council regarding, each Application for Subdivision approval, Subdivision Plat Amendment, initial zoning, re-zoning, condominium record of survey, and amendments to this Title.
7. The Board of Adjustment hears all requests for Variances, Special Exceptions, modifications of Non-Complying Structures and zoning appeals (except appeals relating to Conditional Use Permits and Administrative Conditional Use Permits).
8. No review shall occur until all applicable fees are paid. 

Plan review process. The following process applies to all applications for New Development.

1. INITIAL CONTACT. An Applicant for New Development shall contact the Planning Commission to discuss the scope and purpose of the proposed development and the requirements of this Code, including the following;
   
   1. Is an Allowed Use within the Zone;
      
   2. Complies with all applicable Development requirements of the Zone including Building Height, Setback, Front, Side, and Rear Yards, and Lot coverage;
      
   3. Respects Lot Lines of a legally subdivided Lot;
      
   4. Complies with the parking requirements for the Zone.
      
   5. Conforms with applicable Design Guidelines, if any, for the Zone;
      
   6. Can adequately be serviced by roads, existing or proposed utility systems or lines; and
      
   7. Pertains to land on which all tax assessments have been paid.
      
2. PRELIMINARY REVIEW. The Applicant shall provide the Planning Commission with:
   
   1. A statement of intended use;
      
   2. Drawings in sufficient detail to allow staff to review the proposal for compliance with this code;
      
   3. The Tax identification number for the Parcel; and
      
   4. A vicinity map to orient the parcel to its surrounding infrastructure and a statement of intended use.
      
   5. Project identification (project name, location, Developer and Developer’s address and contact information);
      
   6. Concept Drawings shall be either 8½” x 11” or 11” x 12” and shall include the following:
      
      1. Location and height of existing and proposed Structures within the proposed development and within two hundred feet (200’) of the proposed development;
         
      2. Location of fire hydrants and street lights within two hundred fifty feet (250’) of the proposed development;
         
      3. Property lines and dimensions indicating total site area, parking and driveway area, gross area of all Buildings and Structures, area of proposed landscaping indicated as a percentage of lot coverage by landscaping;
         
      4. North arrow;
         
      5. Proposed buildings, parking areas, drive-aisle widths, road or driveway lengths and landscaped areas.  Indicate number and layout of proposed parking spaces;
         
      6. Locations of access, curb cuts, gutters, sidewalks and proposed driveways as well as proposed circulation pattern; 
         
      7. Public Improvements and dedications; 
         
      8. Location and design of proposed walls, landscaping and exterior lighting;
         
      9. Phasing plan, if any
         
      10. Description and hours of intended uses; and
          
      11. Payment of the Development Review Committee fee set by fee resolution.
          
3. The Applicant shall cause a professional architect or engineer to prepare five (5) copies of the site plan for site plan review and must file a Complete Application with all associated fees. The site plan drawings shall include:
   
   1. General:
      
      1. Dated drawings prepared on a 22” x 34” format;
         
      2. Indicated scale shall be no less than 1” = 40’.
         
      3. Name of project/development, address and developer’s name.
         
   2. Dimensions, Orientation and Legal Description:
      
      1. Parcel dimensions;
         
      2. North arrow;
         
      3. Indicate adjacent streets and properties.  Provide street names;
         
      4. Names of adjacent property owners;
         
      5. Centerlines of adjacent roads; 
         
      6. Tax ID number and legal description of site;
         
      7. Present and proposed ownership.
         
   3. Numerical Data. Indicate the following:
      
      1. Total site area;
         
      2. Parking and driveway area;
         
      3. Buildings and Structures (indicate floors);
         
      4. Landscaped area (indicate percentage of total site area to be landscaped);
         
      5. Building area (by use);
         
      6. Required parking; and
         
      7. Proposed hours of operation.
         
   4. Location and Height of Structures. Indicate the following:
      
      1. Existing and proposed Structures on site and on adjacent properties within two hundred fifty feet (250’); and
         
      2. Setbacks for on-site and off-site Structures.
         
   5. Existing Improvements. Indicate the following:
      
      1. All existing curbs, gutters, sidewalks and driveway approaches;
         
      2. All existing sewer mains, water mains and fire hydrants within two hundred fifty feet (250’) of the property;
         
      3. All road dedication information;
         
      4. Important features such as railroads, water courses, etc. within two hundred fifty feet (250’) of the proposed development;
         
      5. Existing street light locations.
         
   6. Off-Street Parking and Loading. Provide location and layout of existing and proposed facilities.
      
   7. Points of Vehicular Access.  
      
      1. Provide location and size of vehicular entrances and exits.
         
      2. Indicate circulation patterns and relationship of proposed driveways and accesses to adjacent properties.
         
      3. Indicate location of driveways for adjacent and/or facing properties.
         
   8. Walls and Fences:
      
      1. Indicate location and design of existing and proposed walls and fences;
         
      2. Provide information describing height and proposed materials of construction.
         
   9. Exterior Lighting: Indicate location and Height of existing and proposed exterior lighting standards and/or fixtures.
      
   10. Utility Information and Easements:
       
       1. Indicate location and Height of overhead power, communications, or transmission lines, or buried utility lines within two hundred fifty feet (250’) of proposed development;
          
       2. Provide existing and proposed utility easement information.
          
   11. Landscaping. Indicate the following:
       
       1. Location and dimension of all existing and proposed Structures, property lines, easements, parking lots, driveways, roadways, sidewalks, signs, dumpsters and refuse areas, fences, recreation features, and any other property feature as determined by the Town Planner;
          
       2. Location, size and common species name of all vegetation to be retained;
          
       3. Location, size and common species name of all new plants including trees, shrubs, and flower bed areas;
          
       4. Proposed grading of the site indicating contours at two-foot intervals (berming in one-foot intervals);
          
       5. Elevation of proposed fences and retaining walls;
          
       6. Irrigation system (separate irrigation plan may be required); and
          
       7. Quantitative data indicating the following:
          
          1. Total area and percentage of the site in landscaped area;
             
          2. Total area and percentage of the site in drought tolerant plant species;
             
          3. Number, species and caliper size of all trees to be retained on the site; and
             
          4. Number, species and caliper size of all new trees to be planted on the site.
             
   12. Architectural and Engineering Data. Provide additional architectural or engineering data as appropriate to adequately communicate proposed project scope or intent in order to facilitate development review.
       
   13. Building Elevations. Provide building elevations for new construction or exterior modifications of existing buildings. Denote all colors and building materials.
       
   14. Grading and Drainage Plan.
       
       1. Provide a grading and drainage plan, including existing and proposed topography within two hundred fifty feet (250’) of the proposed development;
          
       2. Use two-foot (2’) contours unless ground slope is greater than five percent (5%), in which instance five-foot (5’) contours are appropriate; and
          
       3. Show proposed storm drainage system, including pipe sizes and slopes, catch basins, manholes, detention basins, etc. and proved drainage calculations.
          
   15. Public Street Improvements.
       
       1. Provide plan and profile drawings of proposed street construction, including curb/gutter, sidewalk, park strip, asphalt paving; and
          
       2. Provide drawings showing proposed and existing utility lines, including pipe size and material, manholes, valves, inverts, pipe slopes and lengths, connections to existing utility lines and appurtenances.
          
   16. Future Phases. Show proposed future phases including proposed street system.
       
4. BUILDING PERMIT: Upon approval of the building and site plan drawings, and payment of all applicable fees, the Planning Commission shall issue a building permit to the Applicant.
   
5. INSPECTIONS:  
   
   1. The administrator is hereby authorized to inspect or cause to be inspected all buildings and structures in the course of construction, modification, and repair and to inspect land uses to determine compliance with the provisions of this ordinance; provided, however, that no such inspection shall be required as a condition precedent to commencement or continuation of any construction, modification, or repair of any building or structure. 
      
   2. The administrator or any employee of Levan Town who is authorized to represent the town shall have the right to enter any building for the purpose of determining the use thereof or to enter the premise for the purpose of determining compliance with the provisions of this ordinance; provided that such right of entry shall be exercised only at a reasonable hour and that in no case shall entry be made to any occupied building in the absence of the owner or tenant thereof without the written order of a court of competent jurisdiction. 
      
6. PUBLIC IMPROVEMENTS. Each Application for New Development must include the Applicant’s demonstration of its capability to offer a bond for one hundred percent (100%) of the value of all required public improvements, to provide, to construct and to dedicate required public improvements. Required public improvements include but are not limited to:
   
   1. Streets for internal circulation including sidewalk, curb and gutter according to County Standard Construction Specifications and Drawings. The Applicant shall install sidewalks consistent with the zone standards;
      
   2. Off site street improvements to mitigate demonstrated off-site impacts;
      
   3. Approved Septic System designed to and certified by the Juab County codes;
      
   4. Water lines;
      
   5. Street signs are required on all roads interior to the development as well as where a private road or street conflicts;
      
   6. Fire hydrants; and
      
   7. Street lighting consistent with the lighting standards for the zone.
      
7. REJECTED USES. If an Application does not meet the criteria set forth above, the Planning Commission shall notify the Applicant stating specifically which criteria have not been satisfied.
   
8. DISCLAIMER. No Permit shall be valid if any of the criteria listed in this section has not been met.
   

There are certain uses that, because of unique characteristics or the potential for detrimental impacts, may not be Compatible in some areas of a Zone or may be Compatible only if certain conditions are imposed. The Planning Commission shall review all Applications for a Conditional Use Permit according to the following procedure:

1. An Applicant must pay all appropriate fees and must file a Complete Application. The Applicant shall submit all information required in LMC 16.42.060(A-D) if applicable.
2. Upon receipt of a Complete Application, the Planning Commission shall provide reasonable notice as provided in LMC 16.42.100 notice. The Planning Commission shall conduct a public hearing on the Conditional Use Permit Application and shall either approve, deny, or modify and approve the Application. The Planning Commission shall accept written public comment on an Administrative Conditional Use Permit Application and shall either approve, deny or modify and approve the Application.
3. The Town shall not issue a Conditional Use Permit unless the Planning Commission concludes that the application complies with the Standards of Review specific to the zone in which the use is proposed.
4. A Conditional Use Permit runs with the land.
5. Unless otherwise indicated, Conditional Use Permits shall expire one (1) year from the date of approval, unless the conditionally permitted use has commenced on the site. Prior to the expiration of the Conditional Use Permit, the Planning Commission may grant two (2) additional extensions of up to one (1) year each if the Applicant demonstrates that the extension would not result in an unmitigated impact.
6. If the Planning Commission determines that the holder of a Conditional Use Permit is in violation of the terms or conditions upon which the permit was issued, the Town Clerk shall notice the permit holder and schedule a hearing before the Planning Commission at which the permit holder must show cause to the Planning Commission why the Conditional Use Permit should not be revoked. If the Planning Commission determines that the terms or conditions of the permit have been violated, it shall cause the permit holder to specify how the holder will promptly comply with the terms and conditions of the permit, or it shall revoke the permit.
7. Appeals must be pursuant to LMC 16.42.150. 

All Telecommunications Regulations apply to both commercial and private low power radio services and facilities, such as cellular or PCS communications and paging systems.

1. TELECOMMUNICATIONS SIGNS. Signs shall only be permitted if they are related to the health and safety of the general public. All proposed signs shall be submitted with the Telecommunications Facility application and are subject to review by the Planning Commission.
2. REMOVAL. The building official is empowered to require an un-maintained or abandoned low-power radio services antenna to be removed from the building or premise when that antenna has not been repaired or put into use by the owner, the person having control, or the person receiving the benefit of the structure within thirty calendar days after notice is given to the owner, the person having control, or the person receiving the benefit of the structure.
3. ABANDONMENT. The applicant, or applicant's successor(s) and/or assign(s) shall be responsible for the removal of unused Telecommunications Facilities within twelve (12) months of abandonment of use. If such tower is not removed by the property owner, then the Town may employ all legal measures, including as necessary, obtaining authorization from a court of competent jurisdiction, to remove the tower, and after removal may place a lien on the subject property for all direct and indirect costs incurred in dismantling and disposal of the tower, including court costs and reasonable attorney fees.

The Town shall notice all public hearings that are required by this Title. 

1. PUBLIC HEARING REQUIREMENTS. The Town Clerk shall provide reasonable notice of all public hearings, which notice shall contain a description of the property, with a brief explanation of the proposed use, and the date, place and time of the public hearing, which notice shall be:
   1. Posted in at least three (3) public places in the Town, one of which shall include the subject property for annexation, re-zone, and subdivision applications. All other applications shall be posted in at least two (2) public places in the Town;
   2. Published in a newspaper of general circulation within the Town at least fourteen (14) days before the date of the Planning Commission hearing; and
   3. Sent by first class mail to all record owners of subject property within three hundred feet (300’) of the subject property.
2. NOTICE TO NEARBY ENTITIES. The Planning Commission shall provide notice by first class mail, at least seven (7) days before the date of a “pre-development activity”, as that term is defined in UCA §10-9-103 to:
3. The County, if the County’s unincorporated territory is within one (1) mile of the subject property; and
4. Each municipality within one (1) mile of the property that is involved in the pre development activity.
5. PURPOSE OF NOTICE. The purpose of the notice is to reasonably inform surrounding property owners and jurisdictions of an Application for zoning, multi-family, commercial or industrial development or a proposed modification to the General Plan. No minor omission or defect in the notice or mailing shall be deemed to impair the validity of the proceedings to consider the zoning Application. If at or prior to the public hearing an omission or defect in the mailed notice is brought to the attention of the Planning Commission, it shall determine whether the omission or defect impairs or has impaired a surrounding property owner’s ability to participate in the public hearing, upon which finding it shall continue the hearing on the Application for zoning for at least fourteen (14) days. Any omission or defect in the mailed notice that is not brought to the commissions’ attention or that the commission finds did not impair a surrounding property owner’s ability to participate in the hearing shall not affect the validity of the zoning proceedings.
6. EFFECT OF NOTICE. Proof that notice was given pursuant to sub-section (A) above is prima facie evidence that notice was properly given. If notice given under authority of this section is not challenged as provided for under State law within thirty (30) days from the date of the hearing for which the challenged notice was given, the notice was adequate and proper.

Any person, firm, or corporation, whether as principal agent, employed or otherwise, violating or causing or permitting the violation of any of the provisions of this ordinance shall be guilty of a Class C misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $750, or by imprisonment in the county jail of Juab County for a term not exceeding 90 days, or by both such fine and imprisonment. Such person, firm, or corporation shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this ordinance is committed, continued, or permitted by such person, firm, or corporation, and shall be punishable as herein provided.

1. In addition, the Town shall be entitled to bring a civil action to enjoin and/or abate the continuation of the violation.
2. Private Citizens of the Town or Owners of Property within the Town may file an action to enjoin the continuation of a violation affecting their interests.

The Applicant, staff, or any other person with standing to challenge a decision administering or interpreting this Title may appeal the decision as follows:

1. ZONING CODE INTERPRETATION AND ADMINISTRATION. All Town decisions which interpret or administer this Title, may be appealed to the Planning Commission within ten (10) days of Final Action, by filing notice of appeal with the Town Clerk, except that:
   1. Conditional Use Permit/Small Scale MPD. The Town Council shall hear appeals of Planning Commission decisions with respect to a Conditional Use Permit or Small Scale MPD. The Appeal must be filed with the Town Clerk within ten (10) days of the Planning Commission’s Final Action.
2. BOARD OF ADJUSTMENT. The District Court hears appeals of decisions of the Board of Adjustment that are filed within thirty (30) days of the final Board decision.
3. 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 Planning Commission;
   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.
4. 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.
5. WRITTEN FINDINGS REQUIRED. The Appellate Body shall direct Staff to prepare detailed written:
   1. Findings of Fact, which explain the circumstances of the body’s decision; and
   2. Conclusions of law in support of its decision.
6. ACTION ON APPEALS TO A TOWN BODY. The Town shall comply with the following standards for all appeals to a Town body under this Title:
   1. The Town, in consultation with the Appellant, shall set a date for the Appeal;
   2.  The Town shall notify the Owner of the Appeal date;
   3. The Town body hearing the Appeal shall consider the written appeal, Final Action and all other pertinent information from the appellant; and
   4. The Town body hearing the Appeal 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, unless the body, by motion, enlarges the scope of the Appeal to accept information on other matters.
7. TOWN COUNCIL CALL-UP. Within fifteen (15) calendar days of Final Action on any project, the Town Council, on its own motion, may call up for review any Final Action taken by the Planning Commission. The Town Clerk shall give prompt notice of the call-up to the Chairman of the Planning Commission together with the date set by the Council for consideration of the merits of the matter. The Clerk shall also provide notice as required by LMC 16.42.120. In calling a matter up, the Council may limit the scope of the hearing to certain issues.
8. NOTICE. Notice of all Appeals or call-ups shall be given by:
   1. Publishing the matter once at least seven (7) days prior to the hearing in a newspaper having general circulation in the Town; and
   2. By mailing courtesy notice seven (7) days prior to the hearing to all parties who requested mailed courtesy notice for the original action.
9. STAY OF APPROVAL PENDING REVIEW OF APPEAL. Upon call-up, or Appeal, any approval granted by the Planning Commission or staff will be suspended until the reviewing body has taken final action on the Appeal.
10. APPEAL FROM THE TOWN COUNCIL. The Applicant or any Person aggrieved by Town action on the project may Appeal from the Final Action of the Board of Adjustment or Town Council 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.
11. 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.

To promote the protection of private Property rights and to prevent the physical taking or exaction of private Property without just compensation, the Town Council and all Commissions and Boards shall adhere to the following before authorizing the seizure or exaction of Property:

1. TAKINGS REVIEW PROCEDURE. Prior to any proposed action to exact or seize Property, the Town Attorney shall review the proposed action to determine if a constitutional taking requiring "just compensation" would occur. The Town Attorney shall review all such matters pursuant to the guidelines established in sub-section (B) below. Upon identifying a possible constitutional taking, the Town Attorney shall, in a confidential, protected writing, inform the Council, commission or board of the possible consequences of its action. This opinion shall be advisory only. No liability shall be attributed to the Town for failure to follow the recommendation of the Town Attorney.
2. TAKINGS GUIDELINES. The Town Attorney shall review whether the action constitutes a constitutional taking under the Fifth or Fourteenth Amendments to the Constitution of the United States, or under Article I, § 22 of the Utah Constitution. The Town Attorney shall determine whether the proposed action bears an essential nexus to a legitimate governmental interest and whether the action is roughly proportionate and reasonably related to the legitimate governmental interest. The Town Attorney shall also determine whether the action deprives the private Property Owner of all reasonable use of the Property. These guidelines are advisory only and shall not expand nor limit the scope of the Town's liability for a constitutional taking.
3. APPEAL. Any Owner of private Property who believes that his/her Property is proposed to be "taken" by an otherwise Final Action of the Town may Appeal the Town's decision to the Takings Appeal Board within thirty (30) days after the decision is made. The Appeal must be filed in writing with the Town Clerk. The Takings Appeal Board shall hear and approve and remand or reject the Appeal within fourteen (14) calendar days after the Appeal is filed. The Takings Appeal Board, with advice from the Town Attorney, shall review the Appeal pursuant to the guidelines in sub-section (B) herein. The decision of the Takings Appeal Board shall be in writing and a copy given to the appellant and to the Town Council, Commission or Board that took the initial action. The Takings Appeal Board's rejection of an Appeal constitutes exhaustion of administrative remedies rendering the matter suitable for appeal to a court of competent jurisdiction.
4. TAKINGS APPEAL BOARD. There is hereby created a three (3) member Takings Appeal Board. The Mayor shall appoint three (3) current members of the Board of Adjustment to serve on the Takings Appeal Board. If, at any time, three (3) members of the Board of Adjustment cannot meet to satisfy the time requirements stated in sub-section (C) above, the Mayor shall appoint a member or sufficient members to fill the vacancies.
   
   NOTICE MATRIX

   ACTION	NOTICE	NOTICE TYPE
   Conditional Use Review	To Owners within 300 ft., prior to the hearing before the Planning Commission	MAILING
   Zoning and Re-Zoning	To Owners of the Property and Owners within 300 ft., prior to each hearing before the Planning Commission and Town Council.	POSTED; PUBLISHED; MAILING
   Zoning Ordinance Amendments	Prior to each hearing before the Planning Commission and Town Council	PUBLISHED
   General Plan Amendments	Prior to each hearing before the Planning Commission and Town Council	PUBLISHED
   Appeals from Staff, Planning Commission and Town Council Call-Up	To all parties who received mailed notice for the original Planning Commission meeting prior to the date set for the appeal or cal-up meeting.	MAILING
   Variance Requests, Non-conforming Use Modifications and Appeals to Board of Adjustment	To Owners within 300 ft., prior to the hearing before the Board of Adjustment.  To Council Prior to any final action.	POSTED; MAILING
   Lot Line Adjustments: Between two Lots without a plat amendment	Need consent letters, as described on the CEDD Application form, form Owners involved.  If application is turned down, then Applicant will be notified of right to appeal to Planning Commission and of right to file a formal plat amendment application.
   Preliminary and Final Subdivision Plat Application	To Owners within 300 ft., prior to the hearing before the Planning Commission and Town Council	POSTED; MAILING
   Condominium Applications (Record of Survey) Amendments	To Owners within 300 ft., prior to the hearing before the Town Council. Notice shall include: A statement that anyone objecting to the proposed plat must file a written objection to change within ten (10) days of the date of notice; A statement that if no objection is filed, no public hearing will be held; and The date, time and place of the public hearing if objections are filed.	POSTED; MAILING
   Petition with consent of all Owners in Plat to Vacate or Change a Plat		Vacation: PUBLISHED; POSTED; MAILING
   Petition without Consent of all Owners to Vacate or Change a Plat; Vacating or Changing a Plat without a Petition when written objections are received.	To Owners within 300 ft., prior to the hearing before the Town Council. Notice shall include:  A statement that anyone objecting to the proposed plat must file a written objection to change within ten (10) days of the date notice; A statement that if no objection is filed, no public hearing will be held; and The date, time and place of public hearing if objections are filed.	POSTED; MAILING; Vacation: PUBLISHED; POSTED; MAILING
   Termination of Projects	Once to Applicant 14 days prior to termination	MAILING