(A) Public hearings.
(1) Amendment (rezoning or text). Any case involving a change of zoning district or other ordinance change requires a public hearing to be held by the Planning Board, and a public hearing to be held by the Board of Commissioners.
(2) Appeal, variance, special use permit. Any case involving an appeal, variance, or a special use permit outside the VR District requires a public hearing to be held by the Board of Adjustment.
(3) VR District. Any case involving a special use permit for the VR District requires a public hearing to be held by the Planning Board.
(4) Each board shall fix a date for hearing the appeal or request, to be held within 60 days of the date a complete application was submitted, and give public notice as required by law, as well as due notice to the parties in interest. At the hearing, any person or party may appear in person or by agent or attorney. Each board shall act on a matter within a reasonable time after the termination of the proceedings.
(5) Notice of the hearing shall follow the requirements of G.S. Ch.160D and meet the provisions for particular approval process listed in this chapter.
(B) Revocation of development approvals. In addition to initiation of enforcement actions under G.S. § 160D-404, development approvals may be revoked by the authority or board issuing the development approval by notifying the holder in writing stating the reason for the revocation. The authority or board shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing, in the review and approval of any revocation of that approval. Development approvals shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of any applicable local development regulation or any state law delegated to the local government for enforcement purposes in lieu of the state; or for false statements or misrepresentations made in securing the approval. Any development approval mistakenly issued in violation of an applicable state or local law may also be revoked. The revocation of a development approval by a staff member may be appealed pursuant to G.S. § 160D-405.
(C) Appeals.
(1) Administrative appeals may be taken to the Board of Adjustment by any person, firm, or corporation aggrieved, or by any officer, department or board of the county affected by:
(a) Any decision of an administrative official charged with the enforcement or interpretation of this chapter thought to be in error;
(b) Planning Board recommendations are not subject to appeal, as they are not final actions. Appeals shall be processed according to the requirements of §§ 154.010;
(2) Further appeals from the Board of Adjustment, from quasi-judicial special use permit decisions by the Planning Board in the VR District, and from any action of the Board of County Commissioners shall be taken directly to the courts as provided by law.
(Ord. passed 9-17-2001; Ord. passed 3-17-2003; Ord. passed 5-5-2003; Ord. passed 5-29-2003; Ord. passed 12-1-2003; Ord. passed 5-17-2004; Ord. passed 8-16-2004; Ord. passed 2-21-2005; Ord. passed 4-18-2005; Ord. passed 1-17-2006; Ord. passed 12-7-2020; Ord. passed 4-17-2023)