(A) An application for an appeal shall be filed with the Village Clerk on an appeal form using the Village’s Online Permit Center along with the associated fee as prescribed on the most recent Village of Pinehurst fee schedule;
(B) The application shall be filed no later than thirty (30) days after the date of the contested action has been provided in writing. Any other person with standing to appeal shall have thirty (30) days from the receipt from any source of actual or constructive notice of the decision in which to file;
(C) The application shall contain or be accompanied by the information required on the application form and shall state the grounds for the appeal;
(D) The Village Planner shall determine whether the appeal application is complete. If the Village Planner determines that the application is not complete, then he or she shall notify the applicant in writing of any deficiencies and shall take no further steps to process the application until the deficiencies are remedied. Once the application is complete, the Village Planner shall schedule the appeal for consideration at a quasi-judicial public hearing before the Zoning Board of Adjustment;
(E) The 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 official shall also provide a copy of the record to the appellant and to the owner of the property that is the subject of the appeal if the appellant is not the owner;
(F) An appeal of a notice of violation or other enforcement order stays enforcement of the action appealed from unless the official who made the decision certifies to the board of adjustment 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, 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 official a request for an expedited hearing of the appeal, and the board of adjustment shall meet to hear the appeal within fifteen (15) days after such a request is filed. Notwithstanding the foregoing, appeals of decisions granting a permit or otherwise affirming that a proposed use of property is consistent with the ordinance shall not stay the further review of an application for permits or permissions to use such property; in these situations the appellant may request and the board may grant a stay of a final decision of permit applications or building permits affected by the issue being appealed;
(G) Subject to the provisions of subdivision (F) of this subsection, the board of adjustment shall hear and decide the appeal within a reasonable time;
(H) The 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 Village would be unduly prejudiced by the presentation of matters not presented in the notice of appeal, the board shall continue the hearing. The board of adjustment 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 the powers of the official who made the decision;
(I) The parties to an appeal that has been made under this subsection may agree to mediation or other forms of alternative dispute resolution. The ordinance may set standards and procedures to facilitate and manage such voluntary alternative dispute resolution.
(Ord. 21-12, passed 07-27-2021; Ord. 21-14, passed 10-26-2021)