(A) Within 30 days following receipt of an order from the code enforcement officer any person receiving such order, believing that the literal application of the ordinance will cause undue hardship or has been misconstrued, wrongly interpreted or applied, may appeal in writing to the City of Lincolnton Board of Adjustment for such relief as may be granted, after investigation of the grounds thereof, by way of a reasonable extension of time or a variation from strict compliance with the provisions of this subchapter. The circumstances justifying such findings related to hardship are:
(1) Inability to comply within the time period provided in this subchapter due to clearly documented severe financial distress;
(2) The clear and significant non-availability of services or equipment with which to comply, without fault of the applicant; or
(3) Other extenuating circumstances showing a good faith intention on the part of the applicant or another to comply when able to do so.
(B) Any person aggrieved by the decision of the Board of Adjustment may petition the Superior Court of Lincoln County for an injunction. Any such petition must be filed with Superior Court of Lincoln County within 30 days from the date of the Board's decision.
(Ord. - -, passed 3-2-2017)