§ 153.061 CONDITIONAL REZONING; VARIANCES; SPECIAL USES; APPLICATION AND HEARING
   (A)   An applicant shall submit the appropriate documents and complete the appropriate forms to appeal an administrative decision of the Zoning Administrator, for a variance, or for a special use permit accompanied by a site plan prepared in accordance with § 153.056 of this code along with any other information required by the Zoning Administrator for proper review of the application.
   (B)   The Board of Adjustment shall hear all administrative appeals, requests for variances and applications for a special use permit in accordance with G.S. §§ 160D-302, 160D-406, 160D-705 and other applicable laws, as may be amended. Appeals from the Board of Adjustment shall be made to Superior Court as provided by applicable law.
   (C)   The Board of Commissioners shall hear all applications for conditional zoning district in accordance with G.S. § 160D-703(b) and other applicable laws, as may be amended. The Planning Board shall be given 30 days to review the application for a conditional zoning district before the hearing. The hearing shall not be held until a Planning Board recommendation has been received or 30 days has elapsed. The Planning Board shall give due notice to the applicant of any meetings at which the application will be considered. The hearings shall be conducted in accordance with the general law and court decisions of this state.
   (D)   The Clerk of the Board or his or her designee shall keep minutes of quasi-judicial proceedings of the Board of Adjustment and public hearings of the Board of Commissioners, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact. A fee of $50 shall be paid to the town for each application for an administrative review, variance, special use permit or for a conditional zoning district not initiated by an officer or agency of the town, to cover the costs of advertising and other administrative expenses involved. No application will be processed until the above fee has been paid.
(Ord. 21- , passed - -2021)