Procedure for appeals to the Board concerning the decisions of the Ordinance Administrator, variances to the zoning regulations and establishment of conditional uses in particular zoning districts:
(A) Appeals from the decisions of the Ordinance Administrator for the granting of variances and for the establishment of conditional uses may be taken to the Town Board of Adjustment by any person aggrieved;
(B) Appeals to the decisions of the Ordinance Administrator shall be taken up by the Board within 30 days of the first appeal;
(C) The Ordinance Administrator shall be the official recipient of all appeals and shall transmit said appeals to the Secretary of the Board of Adjustment within one week after receipt of said appeals;
(D) An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him or her that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property or because the violation charged is transitory in nature a stay would seriously interfere with enforcement of the ordinance, in which case proceedings shall not be stayed otherwise than by a restraining order, issued by the Board of Adjustment or by a court of record;
(E) (1) The Board of Adjustment shall hold hearings at which specific appeals shall be heard, notice of said hearings being made public in at least two of the following ways:
(a) Published in a newspaper of general circulation throughout the community;
(b) Posting signs concerning the hearing in the neighborhood which is affected; or
(c) Sending written notices to all of the adjoining property owners.
(2) In any of the three methods of notice, each should contain the time, date and place of the public hearing, and the property which will be affected.
(F) The Board shall vote according to the procedures set forth in § 156.158 when instituting action to overrule the decisions of the Enforcement Officer. Conditional use cases and variance cases shall require four out of five members of the Board of Adjustment voting in favor of such action;
(G) Any appeals to the decisions of the Board of Adjustment shall be taken to County Superior Court within 30 days, after the decision of the Board is filed in the town hall or after a written copy thereof is delivered to the appellant by personal service or registered mail, whichever is later; and
(H) There shall be a fee of $10 payable to the town to cover the costs of administration and public hearing advertising for each, which the Board hears. The fee will be payable when the appeal is instigated.
(Ord. passed 9-3-1986; Ord. passed 1-1-2006; Ord. passed 5-6-2008)
Statutory reference:
Board of Adjustment; special exceptions to the zoning regulations, see G.S.§ 160A-388(d)
Board of Adjustment; zoning; grant of power, see G.S. § 160A-381(b1)