The Board shall hear and decide appeals from and review any order, requirement, decision or determination made by the Zoning Enforcement Official, the official charged with the enforcement of this ordinance. The Board may also hear appeals arising out of any other ordinance that regulates land use or development, pursuant to the conditions outlined in this section.
(A) Any person who has standing, as defined under G.S. § 160D-1402(c), may appeal a decision to the Board. Appeals from the enforcement and interpretation of this ordinance, shall be filed with the City Clerk, specifying the grounds for the appeal.
(B) The Zoning Enforcement Official, who made the decision, shall give written notice to the owner of the property that is the subject of the decision and to the party who sought the decision, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail or by first-class mail.
(C) The owner or other party shall have 30 days from receipt of the written notice, within which to file an appeal. Any other person with standing to appeal shall have 30 days from receipt from any source or constructive notice of the decision, within which to file an appeal. In the absence of evidence to the contrary, notice given pursuant to G.S. § 160D-403(b) by first-class mail shall be deemed received on the third business day following deposit of the notice for mailing with the United States Postal Service.
(D) It shall be conclusively presumed that all persons with standing to appeal have constructive notice of the decision from the date a sign containing the words, “zoning decision” or “subdivision decision”, in letters at least six inches in height and identifying the means to contact a Zoning Enforcement Official for information about the decision is prominently posted on the property that is the subject of the decision, provided that the sign remains on the property for at least ten days. Posting of signs is not the only form of constructive notice. Any such posting shall be the responsibility of the landowner or applicant. Verification of the posting shall be provided to the official who made the decision. The posting of the property for constructive notice is not a requirement of the ordinance, but it shall serve as a form of constructive notice by following the procedures outlined herein.
(E) The Zoning Enforcement Official who made the decision shall transmit to the Board all documents and exhibits constituting the record, upon which the action appealed from is taken. The Zoning Enforcement Official shall also provide a copy of the record to the to the appellant and to the owner of the property that is subject of the appeal, if the appellant is not the owner.
(F) An appeal of a notice of violation or other enforcement order stays all enforcement of the action appealed from and accrual of any fines assessed unless the Zoning Enforcement Official, who made the decision, certifies to the Board after notice of appeal has been filed that because of the facts stated in an affidavit, a stay would cause imminent peril to life or property or because the violation is transitory in nature, lasting a short-time or temporary, a stay would seriously interfere with enforcement of the ordinance. In that case, enforcement proceedings shall not be stayed, except by a restraining order, which may be granted by a court. If enforcement proceedings are not stayed, the appellant may file with the Zoning Enforcement Official, a request for an expedited hearing of the appeal, and the Board shall meet to hear the appeal within 15 days after such request is filed. Notwithstanding the foregoing, appeals of decisions granting a development approval or otherwise affirming that a proposed use of property is consistent with the ordinance, shall not stay the further review of an application for development approvals to use such property; in these situations, the appellant or city may request and the Board may grant a stay of a final decision of development approval applications, including building permits affected by the issue being appealed.
(G) Subject to division (F) above, appeals shall be taken within times prescribed by the Board. The Board shall fix a reasonable time for the hearing of the appeal, give due notice thereof to the parties and decide it within a reasonable time.
(H) The Zoning Enforcement Official, who made the decision, shall be present at the hearing as a witness. The appellant shall not be limited at the hearing to matters stated in the notice of appeal. If any party or the city would be unduly prejudiced by the presentation of matters not presented in the notice of appeal, the Board shall continue the hearing. The Board may reverse or affirm, wholly or partly, or may modify the decision appealed from and shall make any order, requirement, decision or determination that ought to be made. The Board shall have all of the powers of the Zoning Enforcement Official who made the decision.
(I) When hearing an appeal pursuant to G.S. § 160D-947, concerning the designation of a landmark or historic district and certificate of appropriateness, or any other appeal in the nature of certiorari, the hearing shall be based on the record below and the scope of review shall be as provided in G.S. § 160D-1402(j).
(J) The parties to an appeal that has been made under this section may agree to mediation or other forms of alternative dispute resolution.
(Ord. passed 5-13-1996)