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Appeals from the enforcement and interpretation of this ordinance and application for variances may be taken to the board of adjustment by any person aggrieved or by any office, department, board or bureau of the town affected. The owner or other party has thirty (30) days from receipt of the written notice of a determination or final decision of any development regulation within which to file an appeal. the absence of evidence to the contrary, notice given pursuant to G.S. 160D-403(b) by first class mail is deemed received on the third business day following deposit of the notice for mailing with the United States Postal Service. Notice of appeal to the board of adjustment shall be filed with the town planner. An appeal of a notice of violation or other enforcement order stays enforcement of the action appealed from and accrual of any fines assessed during the pendency of the appeal to the board of adjustment and any subsequent appeal in accordance with G.S. 160D-1402 or during the pendency of any civil proceeding authorized by law or appeals therefrom, 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 are not 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 fifteen (15) days after such a request is filed.
Notwithstanding any other provision of this section, appeals of decisions granting a development approval or otherwise affirming that a proposed use of property is consistent with the development regulation does not stay the further review of an application for development approvals to use the 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.
Evidentiary hearing of the appeal. After receipt of the notice of appeal, the board chairman shall schedule the time for an evidentiary hearing, which shall be at least twenty (20) working days following receipt of the appeal and which shall allow adequate time for required the evidentiary hearing notices.
Fees for appeals. Applications for appeals shall be accompanied by the required application fee, as set from time to time by the town council.
(Ord. No. 2013-05, 10-1-13; Ord. No. 2020-10, 12-1-20)