(A)
Any aggrieved party affected by a decision or interpretation of the Ordinance Administrator or other administrative official may appeal such decision or interpretation to the Board of Adjustment in accordance with the provisions of this section.
(B) Appeal procedure.
(1) Applicability. Appeals of decisions made by the Zoning Administrator or his or her deputy or staff under this chapter shall be made to the Board of Adjustment. Appeals shall be heard by the Board of Adjustment in compliance with the quasi-judicial processes set forth in this chapter.
(2) Standing. Any person who has standing or the town may appeal an administrative decision to the Board of Adjustment. An appeal is taken by filing a notice of appeal with the Clerk to the Board. The notice of appeal shall state the grounds for the appeal.
(3) Time to appeal. The owner or other party shall have 30 days from receipt of the written notice of the determination within which to file an appeal. Any other person with standing to appeal shall have 30 days from receipt from any source of actual or constructive notice of the determination within which to file an appeal. The written notice of appeal shall specify the grounds for the appeal, a statement of the decision or interpretation alleged to be improper, the date of that decision or interpretation, and all supporting materials related to the decision. In the absence of evidence to the contrary, notice given pursuant to this chapter 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.
(4) Record of decision. The official who made the decision shall transmit to the Board of Adjustment all documents and exhibits constituting the record upon which the decision 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.
(5) Stays. An appeal of a notice of violation or other enforcement order stays enforcement of the action appealed from and accrual of any fines assessed unless the 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, a stay would seriously interfere with enforcement of the development regulation. 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 shall meet to hear the appeal within 15 days after such a 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 development regulation shall not stay the further review of an application for development approvals to use such property; in these situations, the appellant or town 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.
(C) Appeal of decision. Any appeal from the decision of the Board of Adjustment shall be to the Superior Court for Onslow County by petition for a writ of certiorari. Any such petition to the Superior Court shall be filed with the Clerk of Court in accordance with the provisions of G.S. § 160D-1402.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)