(A) Right of appeal. When a is declared, an of the affected appeal the declaration, including an order for or , by filing a request with the Mills River Zoning Board of Adjustment.
(1) Schedule. The evidentiary hearing be held at the next available meeting that satisfies public notice requirements after the request for a hearing was received.
(2) Witnesses and evidence. All parties have full opportunity to respond to and present evidence and witnesses.
(3) Standard of proof. The appellant have the burden of proving its position by clear and convincing evidence.
(4) Rules of evidence. Hearings be informal and the rules of evidence as applied in the courts not apply. Irrelevant, immaterial, and repetitious evidence be excluded.
(C) Record of hearing. The hearing be recorded, and the minutes of the meeting be approved by the Zoning Board of Adjustment at their next scheduled meeting.
(D) Notice of decision. The decision of the Zoning Board of Adjustment be issued in writing within ten calendar days the hearing. Unless otherwise provided by law, the decision of the Zoning Board of Adjustment constitute the final decision.
(E) Further appellate rights. Any party aggrieved by a final decision is entitled to judicial review of the decision. A petition for a writ of certiorari by the party must be filed with the Court of Appeals not more than 30 calendar days after notice of the final decision has been issued from the Zoning Board of Adjustment.
(Ord. 2019-02, passed 10-12-2019; Am. Ord. 2021-03, passed 3-25-2021; Am. Ord. 2021-10, passed 5-13-2021)