A. Applicability. Any possessing standing under G.S. § 160D-1402(c) may appeal a final order, interpretation, or administrative decision of the to the Board of Adjustment.
Commentary (01/01/2021): In general, only an aggrieved party may bring an appeal.
B. Effect of Appeal. Pursuant G.S. § 160D-405(f), an appeal does not stop action lawfully approved by the Town but stays enforcement of actions presumed in violation of this UDO.
C. Enforcement and Fines. Pursuant G.S. § 160D-405, enforcement action and accrual of fees and fines shall be stayed from the filing of the appeal until the time of decision.
D. Process.
1. Application. The aggrieved party must file a petition with the Town Clerk within thirty days of the written decision described in Section 3.4.8. Any other party with standing must file a petition with the Town Clerk within thirty days of actual or constructive notice of the disputed decision.
2. Record of Administrative Decision. The shall transmit all materials constituting the record of the contested action to the Board of Adjustment, the appellant and/or the owner.
3. Public Notice. Public notice is required in accordance with Section 3.4.6 Public Notice Requirements.
4. Witnesses. The official who made the decision, or his or her successor, shall appear at the hearing as a witness.
5. Decision. The Board of Adjustment may make a motion to reverse, affirm (wholly or partly), or modify the order. A majority shall be required to decide the case. For the purposes of this Section, vacant positions on the Board and members who are disqualified from voting shall not be included in the calculation of the requisite majority if there are no qualified alternates available.
6. Notice of Decision. See Section 3.4.8.
7. Appeals. Appeals of decisions of the Board of Adjustment shall be directed to the Superior Court.
(Ord. No. 3558, § 2, 7-7-09; Ord. No. 3720, § 3, 12-2-2013; Ord., 3-16-21)