(A) Right of appeal. Any aggrieved party affected by a decision or interpretation of the Ordinance Administrator or other administrative official may appeal such decision or interpretation to the Board of Adjustment in accordance with the provisions of this section.
(B) Procedure.
(1) Initiation. An appeal taken in accordance with this section may be initiated by filing a written notice of appeal within 30 days of the date of the decision or interpretation with the Town Clerk.
(2) Contents of appeal. The written notice of appeal shall specify the grounds for the appeal, a statement of the improper decision or interpretation, the date of that decision or interpretation and all support materials related to the decision.
(3) Record. Upon receipt of the written notice of appeal, the Town Clerk shall transmit all the papers, documents and other materials relating to the decision or interpretation appealed to the Board of Adjustment. These materials shall constitute the record of the appeal.
(4) Scheduling of notice and hearing.
(b) The Board of Adjustment shall hear the appeal at its next regularly scheduled meeting, based upon established scheduling policy, or as soon as is reasonably possible.
(5) Hearing and decision by Board of Adjustment. At the hearing, the person making the appeal may appear in person or by agent or attorney, and shall state the grounds for the appeal and identify any materials or evidence from the record to support the appeal. The Ordinance Administrator shall be given an opportunity to respond, as well as any other town staff or other person the Board of Adjustment deems necessary. In making its determination, the Board of Adjustment shall consider the application, the relevant support materials and the testimony given at the public hearing. Within 30 days following the close of the public hearing, the Board of Adjustment shall affirm, partly affirm, modify or reverse the decision or interpretation, based on the record and the requirements and standards of this chapter. Modifying or reversing the decision being appealed shall require an affirmative vote of at least four-fifths of the members of the Board of Adjustment who are eligible to vote as set forth in G.S. § 160A-388(e). All decisions by the Board of Adjustment shall be in writing and shall be filed by the Town Clerk within five days from the date the decision is made.
(C) Effect of appeal. A pending appeal stays all proceedings in furtherance of the action appealed, unless the Ordinance Administrator certifies to the Board of Adjustment after the notice of appeal is filed, that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by a court of competent jurisdiction, on notice to the Ordinance Administrator and on due cause shown.
(D) Appeal.
(1) Any appeal from the decision of the Board of Adjustment shall be to the Superior Court for the county by petition for a writ of certiorari.
(2) Any such petition to the Superior Court shall be filed with the Clerk of Court no later than 30 days after the date the decision of the Board of Adjustment is filed by the Town Clerk, or after the date a written copy of the decision is delivered (via personal delivery or by registered or certified mail, return receipt requested) to every aggrieved party who has filed a written request for such copy with the Board of Adjustment at the public hearing, whichever is later.
(Ord. passed 3-5-2018)