(a) Purpose. Appeals to the board of adjustment from the decisions of the administrative staff of the city are permitted as provided for in this chapter.
(b) Decisions which may be appealed. Any order, requirement, decision, or determination made by an administrative officer or other boards or commissions charged with enforcing the provisions of this chapter may be appealed to the board of adjustment as set forth herein.
(c) Persons who may file and appeal. Any person who has standing under N.C.G.S. §160D-1402(c) or the city may appeal a decision to the board of adjustment. The notice of appeal shall state the grounds for appeal.
(d) Filing of an appeal.
(1) An application for an appeal shall be filed with the city clerk who will then forward to the planning and development director on a form prescribed by the director and contain such information as required on the application form.
(2) The application shall be accompanied by a fee as set forth in the City of Asheville's Fees and Charges Manual.
(3) Any appeal of an administrative decision must be filed no later than 30 days from receipt of written notice of the decision. For purposes of this section, "filed" means received by the city clerk.
(4) Once an application is accepted as complete by the planning and development director, the application will be scheduled for consideration at a public hearing by the board of adjustment.
(5) The filing of an appeal of a notice of violation or other enforcement order shall stay all proceedings in furtherance of the contested action unless the planning and development director, chief building inspector, or the official who made the decision, certifies to the board of adjustment that, in his/her opinion, by reason of facts stated in the certification, such a stay would cause imminent peril to life and property, or because the violation is transitory in nature, a stay would seriously interfere with enforcement of the ordinance. In such case, proceedings shall not be stayed except by restraining order which may be granted by the Superior Court of Buncombe County on notice to the administrative official from whom the appeal is taken, with due cause shown. If enforcement proceedings are not stayed, the appellant may file with the official a request for an expedited hearing of the appeal, and the board of adjustment shall meet to hear the appeal within 15 days after such a request is filed.
Notwithstanding the foregoing, appeals of decisions granting a permit or otherwise affirming that a proposed use of property is consistent with the ordinance shall not stay the further review of an application for permits or permissions to use such property. In these situations the appellant may request and the board may grant a stay of a final decision of permit applications or building permits affected by the issue being appealed.
(e) Action by the board of adjustment.
(1) Upon receiving the application materials, the board of adjustment shall hold a quasi-judicial hearing on the appeal. Notice of the hearing shall be provided in accordance with the provisions of section 7-5-20 of this chapter. The hearing shall be conducted in accordance with the rules of procedure of the board of adjustment and in accordance with the North Carolina General Statutes.
(2) Either at the hearing or a subsequent meeting, the board of adjustment shall adopt an order reversing, affirming, or modifying the contested action.
(3) The board of adjustment shall not reverse or modify the contested action unless it finds that the administrative officer erred in the application or interpretation of the terms of this chapter.
(4) The board of adjustment shall not reverse or modify the contested action unless there is a concurring majority vote of the board members.
(5) Nothing herein shall prevent the planning and development director or his/her designee from pursuing an informal resolution of the matter appealed from. In such cases, the planning and development director or his/her designee shall report such resolution to the board of adjustment.
(f) Effect of reversal or modification. In the event that the board of adjustment reverses or modifies the contested action, all subsequent actions taken by administrative officers with regard to the subject matter shall be in accordance with the reversal or modification granted by the board of adjustment unless an appeal is taken on the board's decision.
(g) Appeal from board of adjustment. Any such petition to the superior court shall be filed no later than 30 days after a written copy of the decision is provided to the applicant, as provided in N.C.G.S. §160D-1405(d).
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 3306, § 1(c), 11-22-05; Ord. No. 3374, § 1(q), 7-11-06; Ord. No. 3757, §§ 1d, e, 7-14-09; Ord. No. 4274, § 1c, 1-28-14; Ord. No. 4560, § 1g, 2-14-17; Ord. No. 4381, § 1(N)—(Q), 6-8-21)