(A) The Zoning Board of Adjustment shall hold a quasi-judicial evidentiary hearing on the appeal and shall decide the appeal upon a majority vote of the members within a reasonable time, subject to the provisions of Section 3.21.3(F). Notice of the hearing shall be provided and the hearing shall be conducted in accordance with Sections 3.1.6 and 3.1.7. The official who made the decision, or the person currently occupying that position if the decision-maker is no longer employed by the Town, shall be present at the hearing as a witness. The appellant shall not be limited at the hearing to matters stated in the notice of appeal. If any party or the Town would be unduly prejudiced by the presentation of matters not presented in the notice of appeal, the Board shall continue the hearing.
(B) Either at the hearing or a subsequent meeting, the Zoning Board of Adjustment shall adopt a written resolution reversing or affirming, wholly or partly, or modifying the decision appealed from and shall make any order, requirement, decision, or determination that ought to be made. In reversing, affirming, or modifying the decision, the Zoning Board of Adjustment shall have all relevant powers of the administrative officer from whom the appeal is taken.
(C) The Zoning Board of Adjustment shall not reverse or modify the decision unless it finds that the administrative officer erred in the application or interpretation of the terms of this Ordinance or related policies adopted by the Town.
(D) When hearing an appeal pursuant to G.S. 160D-947(e) (certificate of appropriateness, historic district) or any other appeal in the nature of certiorari, the hearing shall be based on the record below and the scope of review shall be as provided in G.S. 160D-1402(j).
(E) When hearing an appeal regarding a civil penalty amount, in determining the penalty or fine, the Zoning Board of Adjustment shall consider the following:
(1) The gravity of the violation;
(2) Any action taken by the violator to correct the violation;
(3) The cost of the action to correct the violation; and
(4) Any previous violation committed by the violator, on the same or different site.
(F) The Zoning Board of Adjustment's decision shall be based upon competent, material, and substantial evidence in the record. The decision shall be reduced to writing and reflect the Board's determination of contested facts and their application to the applicable standards. The written decision shall be approved by the Board and signed by the Chair of the Board or his designee. The decision is effective upon filing the written decision with the Planning Department.
(G) The decision shall be delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner, and to any person who has submitted a written request for a copy prior to the date the decision becomes effective. The person required to provide notice shall certify that proper notice has been made.