(A)
An appeal from a decision of the Ashe County Board of Commissioners may be made to the Ashe County Commissioners who are acting as the Board of Adjustment.
(1) Any person who is directly affected may appeal a decision to the Ashe County Commissioners by filing a notice of appeal with the Clerk to the Ashe County Commissioners within 30 days of the decision. The notice of appeal shall state the grounds for appeal.
(2) The Clerk to the Ashe County Board of Commissioners shall notify all persons identified as participants in the application process and with standing of the appeal (must deliver to permittee and landowner if different). Effective notice is required, and may be delivered by hand, email, or first-class mail; may be posted onsite.
(3) An appeal of a notice of violation or other enforcement order stays enforcement of the action appealed from, unless the Administrator certifies to the Ashe County Commissioners that because of facts stated in affidavit format, a stay would cause imminent peril to life or property, or because the violation is transitory in nature and a stay would seriously interfere with enforcement of the ordinance. Upon filing of that certificate with the Clerk to the Board of Commissioners, enforcement proceedings may continue unless halted by a restraining order granted by a court. If enforcement proceedings are not stayed, the appellant may file with the Clerk to the Board of Commissioners a request for an expedited hearing of the appeal, and the Board of Commissioners shall meet to hear the appeal within 15 days after such a request is filed.
(4) By the vote of a four/fifths of the Board membership, the act of the Board of Commissioners may be upheld, modified, or overruled in part or in its entirety.
(B) When unnecessary hardship would result from carrying out the strict letter of this chapter, the Board of Commissioners, by a four/fifths vote of its membership, may authorize, as a variance, a modified application to any of the provisions of this chapter upon a showing of all of the following:
(1) Unnecessary hardship would result from the strict application of this chapter. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
(2) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. A hardship resulting from personal circumstances, as well as hardship resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance.
(3) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as self-created hardship.
(4) The requested variance is consistent with the spirit, purpose, and intent of the chapter, such that public safety is secured, and substantial justice is achieved.
(5) Appropriate conditions may be imposed on any allowed variance, provided that the conditions are reasonably related to the variance.
(Ord. passed 10-3-16; Am. Ord. passed 7-17-23)