7.08.1 APPLICABILITY
Parties aggrieved by any order, requirement, decision or determination, made by an administrative officer charged with enforcing the provisions of this ordinance.
7.08.2 PROCEDURES
A. Process Type: Quasi-judicial.
B. Filing Process
An appeal of an administrative decision may be taken by any person aggrieved (or by their authorized agent), or by the Administrator, to the Board of Adjustment. Such an appeal shall be made within 30 days of the receipt by such aggrieved party of the written notice of decision from the Administrator, within 30 days of the filing of the written notice with the Town Clerk.
C. Proceedings
The filing of an appeal shall stay all proceedings in furtherance of the contested action unless the Administrator certifies that, in his/her opinion, by reason of facts stated in the certification, such a stay would cause imminent peril to life and property. In such a case, proceedings shall not be stayed except by restraining order or preliminary injunction granted by the Superior Court of Harnett County.
D. Required Application Information
Such relevant information as may reasonably allow the Board of Adjustment to understand the basis for the appeal. The Administrator shall similarly prepare a report detailing the regulations and interpretation behind the matter being appealed and their reason for their decision.
7.08.3 REVIEW PROCESS
A. Upon receiving the application, the Board of Adjustment shall conduct a public evidentiary hearing on the appeal. Any party may appear in person or be represented by an agent at the hearing.
B. After conducting the public evidentiary hearing, the Board of Adjustment shall adopt an order reversing or affirming, wholly or in part, or modifying the order requirements, decision or determination in question. It shall take a majority vote of the Board of Adjustment to reverse or modify the contested action.
C. The Board of Adjustment, in making its ruling, shall have all the powers of the Administrator from whom the appeal is taken, and may issue or direct the issuance of a permit.
D. The decision of the Board of Adjustment must be in writing and permanently filed in the minutes of that reviewing body as a public record. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the Board of Adjustment, which must be delivered to parties of interest by certified mail.
7.08.4 APPEALS
Any appeal from a decision of the Board of Adjustment may be made by an aggrieved party and shall be made to the Harnett County Superior Court. Any such petition shall be filed with the clerk of the superior court within 30 days after the decision of the Board is filed with the Town Clerk, or after a written copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the secretary or chairman of the Board at the time of its hearing of the case, whichever is later. The decision of the Board may be delivered to the aggrieved party either by personal service or by registered mail or certified mail return receipt requested.
(Ord. passed 2-14-2017; Ord. passed 2-15-2022)