(A) Appeals.
(1) Any person aggrieved or any taxpayer affected by any decision of the Building Inspector made in his or her administration of this subchapter, if of the opinion that a decision of the Building Inspector is an improper application of these regulations, may appeal to the Board of Adjustment.
(2) All appeals hereunder must be taken within a reasonable time, as provided by the rules of the Board of Adjustment, by filing with the Town Administrator a notice of appeal specifying the grounds thereof. The Town Administrator shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.
(3) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Inspector certifies to the Board of Adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by the order of the Board of Adjustment on notice to the agency from which the appeal is taken and on due cause shown.
(4) The Board of Adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
(5) The Board of Adjustment may, in conformity with the provisions of this subchapter, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make the order, requirement, decision or determination, as may be appropriate under the circumstances.
(Prior Code, § 150.10)
(B) Judicial review. Any person aggrieved or any taxpayer affected by any decision of the Board of Adjustment may appeal to the County Superior Court, as provided in G.S. § 160A-388 of the public laws of the state.
(Prior Code, § 150.11) (Ord. passed 3-14-1963)
Statutory reference:
Related provisions, see G.S. § 160A-388