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(A) Applicability. Pursuant to G.S. § 160D-405, an appeal by any person aggrieved by a final order, interpretation or decision of the Planning Director or other administrator of this chapter in regard to the provisions of this chapter may be taken to the Board of Adjustment.
(B) Application requirements.
(1) An appeal of an administrative decision shall be taken by filing a written notice of appeal specifying the grounds for the appeal with the Planning Director and the Board of Adjustment.
(2) An application for appeal of an administrative decision shall be submitted in accordance with § 155.702(C).
(3) A notice of appeal of an administrative decision shall be considered filed when a complete application is delivered to the Planning Director. The date and time of filing shall be entered on the notice.
(4) The official who made the decision shall give written notice to the owner of the property that is the subject of the decision and to the party who sought the decision, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail.
(C) Appeal deadline.
(1) An appeal of an administrative decision may be filed by the town, the owner or other person affected by the decision, or by a person with standing under G.S. 160D-1402. An appeal request by an owner or other person affected by the decision must be received by the Town Clerk within 30 days of receipt of written notice within which to file an appeal. Any other person with standing to appeal shall have 30 days from receipt from any source of actual or constructive notice of the decision within which to file an appeal.
(a) It shall be conclusively presumed that all persons with standing to appeal have constructive notice of the decision from the date a sign containing the words "Zoning Decision" in letters at least six inches high and identifying the means to contact an official for information about the decision is prominently posted on the property that is the subject of the decision, provided the sign remains on the property for at least 10 days. Any such posting shall be the responsibility of the landowner or applicant. Verification of the posting shall be provided to the official who made the decision.
(D) Notice and public hearings. The town shall hold all required public hearings and give notice in accordance with § 155.702(D).
(E) Action by Planning Director. The Planning Director or designee shall transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.
(F) Action by Board of Adjustment.
(1) The Board of Adjustment may reverse or affirm (wholly or partly) or may modify the order, requirement, decision, or determination appealed from and shall make any order, requirement, decision or determination that in its opinion ought to be made in the case before it. To this end, the Board of Adjustment shall have all the powers of the officer from whom the appeal is taken.
(2) A motion to reverse, affirm, or modify the order, requirement, decision, or determination appealed from shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the motion.
(3) If a motion to reverse or modify is not made, or a motion fails to receive a majority vote from Board members eligible to vote, then the appeal shall be denied.
(4) Any motion to overturn a decision shall state the reasons or findings of fact that support the motion.
(G) Effect of appeal.
(1) An appeal shall stay all proceedings in furtherance of the action appealed, unless the administrative official from who the appeal is taken certifies in an affidavit to the Board of Adjustment that, because of facts stated in the affidavit, a stay would, in their opinion, cause imminent peril to life or property or that because the violation is transitory in nature a stay would seriously interfere with the effective enforcement of this chapter. In that case, proceedings shall not be stayed except by order of the Board of Adjustment or a court, issued on application of the party seeking the stay, for due cause shown, after notice to the administrative official.
(2) An appeal shall not stop action lawfully approved (including construction activities authorized by a building permit); only actions presumed in violation of this chapter are stayed.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2013-12-05, passed 12-2-13; Am. Ord. 2021-02-02, passed 2-15-21)