An applicant requesting approval of an adult establishment who are aggrieved by a decision by the Planning Department may appeal said decision to the Board of Adjustment. The appeal shall be submitted in writing to the Board of Adjustment within thirty 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)).
(A) 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.
(B) All enforcement actions, including fines, must be paused during an appeal (G.S. §160D-405).
(Ord. passed 8-21-23)