(A) An appeal from any decision, or order, of the Code Official may be taken by any person who is the subject of the decision or order. Any appeal from the Official shall be taken within ten days from the rendering of the decision, or notice, of the order, and shall be taken by filing a notice of appeal with the Planning Department, which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the Official shall forthwith transmit to the Board of Adjustment all papers constituting the record upon which the decision appealed from was made. When an appeal is from a decision of the Code Official refusing to allow the person aggrieved thereby to do any act, the decision shall remain in force until modified, or reversed. When any appeal is from a decision of the Code Official requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing of the Board of Adjustment, unless the Official certifies to the Board of Adjustment, after the notice of appeal is filed with him or her, that by reason of the facts stated in the certificate, a copy of which shall be furnished the appellant, a suspension of the requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended, except by a restraining order, which may be granted for due cause shown upon not less than one days’ written notice to the Code Official, by the Board of Adjustment, or by a court of record upon petition made pursuant to G.S. Chapter 160D, and the provisions of this article.
(B) The Board of Adjustment shall fix a reasonable time for the hearing of all appeals, shall give due notice to all the parties, and render its decision within a reasonable time. Any party may appear in person, or by agent or attorney. The Board may reverse or affirm, wholly or partly, or may modify the decision, or order, appealed from, and may make such decision, and order, as, in its opinion, ought to be made in the matter, and to that end it shall have all the powers of the Official, but the concurring vote of four members of the Board shall be necessary to reverse, or modify, any decision, or order, of the Official. The Board shall have power also in passing upon appeals, in any case where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the ordinance, to adapt the application of the ordinance to the necessities of the case to the end that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.
(Ord. 21-2018, passed 12-3-2018)
Statutory reference:
Similar provisions, G.S. Chapter 160D.