(A) Right of appeal. Except as provided in N.C.G.S. § 160D-1403.1, any aggrieved person affected by any decision, order, requirement, or determination relating to the interpretation or application of this chapter may file an appeal to the Board of Adjustment within 30 days from receipt of the notice of a determination.
(1) Appeals of variance requests shall be made as provided in the section on variances. In the case of requests for review of proposed civil penalties for violations of this chapter, the Board of Adjustment shall make a final decision on the request for review within 90 days of receipt of the date the request for review is filed.
(2) Procedures for appeals are set forth in § 159.01.
(B) Filing of appeal and procedures.
(1) Appeals shall be taken within the specified time period by filing a notice of appeal and specifying the grounds for appeal on forms provided by the City. All documents constituting the record on which the decision was appealed shall be submitted to the Board of Adjustment and a copy of the record shall be provided to the appellant and to the owner of the property that is the subject of the appeal if the appellant is not the owner.
(2) The hearing conducted by the Board shall be conducted in the nature of a quasi-judicial proceeding as provided in N.C.G.S. § 160D-406 and § 159.06 with all findings of fact supported by competent, material evidence.
(Ord. 23-O-07, passed 4-10-2023)