All appeals shall be filed with the county by notice specifying the grounds for appeal. Appeals shall be effective upon receipt.
(A) Schedule. Appeals shall be filed within 30 days from the date of the action being appealed.
(B) Process of appeal.
(1) An administrative appeal is taken by filing a written notice of appeal with the Development Services Director or the Board of Adjustment which specifies the grounds for the appeal. A notice of appeal shall be considered filed when delivered to the Zoning Administrator or Development Services Director. The Zoning Administrator or Development Services Director shall transmit to the Board of Adjustment all applications, reports, and written materials relevant to the matter being considered. The administrative materials may be distributed to the members of the Board prior to the hearing, if at the same time they are distributed to the Board, a copy is also provided to the applicant and to the landowner if that person is not the applicant. The administrative materials shall become a part of the hearing record. The administrative materials may be provided in written or electronic form. Objections to inclusion or exclusion of administrative materials may be made before or during the hearing. Rulings on unresolved objections shall be made by the Board at the hearing. The Board shall follow quasi-judicial procedures pursuant to G.S. § 160D-406 in determining appeals of administrative decisions. The Board of Adjustment may, after a public hearing, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or in part, or may modify any order, requirement, decision, or determination as ought to be made and, to that end, shall have the powers of the administrative official from whom the appeal is taken.
(2) The official who made the decision or the person currently occupying that position, if the decision maker is no longer employed by the local government, shall be present at the evidentiary hearing as a witness.
(3) An appeal stays all actions by the Zoning Administrator or Development Services Director enforcing the requirements of this chapter unless the Zoning Administrator or Development Services Director certifies to the Board reason of facts that a stay would in their opinion cause imminent peril to life or property, or because the violation charged is transitory in nature and a stay would interfere with enforcement of the chapter. In such case, proceedings shall not be stayed except by a restraining order which may be granted by the Board or by a court of record on application, on notice to the Zoning Administrator or Development Services Director and on due cause shown.
(C) Further appeals from the Board of Adjustment, quasi-judicial decisions of the Planning Board, or from any action of the Board of County Commissioners shall be taken directly to the courts as provided by law.
(D) Fees. Each applicant for an appeal shall pay a fee, according to the fee schedule available in the Development Services Department, to Surry County to cover the costs of advertising and administration. A receipt for this fee shall be issued by the county. However, this fee shall not apply to requests originating with any Surry County department, board or agency.
(E) County appeals. In all cases, the Board of County Commissioners reserves the right to appeal any decision of the Zoning Administrator to the Board of Adjustment and any decision of the Board of Adjustment to the courts.
(Ord. passed 4-17-2023)