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(A) (1) An application for a rehearing shall be made in the same manner as provided for in the original hearing within a period of 15 days after the date of the Board of Adjustment’s decision. In addition, specific information to enable the Board of Adjustment to determine whether or not there has been a substantial change in facts, evidence, or conditions in the case, shall be presented in writing or graphically. The Board of Adjustment shall deny a rehearing, if, in its judgment, the change in facts, evidence or conditions has not been proven. A public hearing shall not be required to be held by the Board of Adjustment to consider holding a rehearing. Approval of the consideration shall, however, require an affirmative vote of at least four voting members. In the event that the Board of Adjustment finds that a rehearing is warranted, it shall thereupon proceed as in the original hearing except that the application fee shall be waived.
(2) Upon the denial of an original application, or upon the denial of an application from which a rehearing has been conducted, a similar application shall not be accepted for hearing for a period of one year after the date of denial of the original application.
(B) Every quasi-judicial decision shall be subject to review by the superior court by proceedings in the nature of certiorari pursuant to G.S. § 160A-393. A petition for review shall be filed with the clerk of superior court by the later of 30 days after the decision is effective or after a written copy thereof is given in accordance with § 153.280(B). When first class mail is used to deliver notice, three days shall be added to the time to file the petition.
(Prior UDO, § 15.7) (Ord. ZTA-3-2013, passed 10-3-2013)