(A) The Board of Adjustment shall make written findings to support its decision either granting or denying the variance, and a copy shall be provided to the applicant. The Board may attach to any variance conditions as it deems necessary and appropriate. A request for a variance under this section shall not constitute an admission by the applicant of any findings of fact made by the Planning Director or a waiver of appeal rights provided by this division. Should the Board of Adjustment grant the requested variance, the Planning Director shall issue a tower permit. The permit applicant shall acknowledge and agree to permit conditions approved by the Board of Adjustment.
(B) An applicant requesting approval of a wireless communication facility who is aggrieved by any decision made by the Planning Director may appeal said decision to the Ashe County Board of Adjustment. The appeal shall be submitted in writing to the Ashe County Board of Adjustment within 30 calendar days of receipt of notice of decision. If notice of decision is sent by mail, it must be presumed it is received on the third business day after it is sent (see G.S. § 160D-405(c)).
(C) An applicant requesting approval of a wireless communication facility who is aggrieved by any order, requirement, decision or determination made by the Ashe County Board of Adjustment may appeal said decision to the North Carolina State Superior Court. The appeal shall be submitted in writing within 30 calendar days of receipt of notice of order, requirement, decision or determination. If notice of decision is sent by mail, it must be presumed it is received on the third business day after it is sent (see G.S. § 160D-405(c)).
(D) During an appeal, the official who made the decision (or their successor if the official is no longer employed) must appear as witness to the appeal, pursuant to G.S. § 160D-406.
(E) All enforcement actions, including fines, must be paused during an appeal (G.S. § 160D-405).
(Ord. passed 10-19-20; Am. Ord. passed 8-21-23)