A. Purpose. The BOA shall hear and decide appeals of UDO decisions of administrative officials in compliance with G.S. § 160D-405. The appeal process shall allow for a predictable procedure for persons aggrieved by an official decision in the interpretation of this UDO by a review authority. Any person who has standing under G.S. § 160D-1402(c) or the City may appeal an administrative decision. The applicant shall have 30 days from receipt of a written notice of a determination within which to file an appeal.
B. Application. A complete application shall be submitted to the Planning and Development Director along with copies of any related plans or documents, and written copy of the decision rendered by the administrative official.
C. Review Process.
1. The Director shall review the request for an appeal and forward a report to the BOA.
D. Board of Adjustment Hearing. The BOA shall hold an evidentiary hearing that shall be quasi-judicial in nature. The BOA, after the hearing, may grant approval of an appeal request, grant approval of a revised request, or deny an application for an appeal through a simple majority.
1. Criteria. The BOA is limited to whether the review authority erred in the interpretation of the UDO and shall not hear evidence based on hardships shall be addressed through the variance process).
E. Effect. An appeal approval shall not expire and may not be amended.