(A) Appeals board. All appeals which may be taken from decisions or orders of the Inspector pursuant to this subchapter shall be heard and determined by the Zoning Board of Adjustment.
(B) When appeal may be taken. An appeal may be taken by any person aggrieved thereby, or by any officer, board or commission of the village, from a final decision or an order of the Inspector, unless a different method of appeal is provided for herein. Any appeal shall be taken within ten days from the rendering of the decision or service of the order, as the case may be, by filing with the Public Officer and with the Board of Adjustment a written notice of appeal which shall specify the grounds upon which the appeal is based. The notice of appeal must be accompanied by the appropriate fee, as established by the Village Council in the annual operating budget.
(C) Duty of Inspector upon the filing of an appeal. Upon the filing of any notice of appeal, the Inspector shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the final decision or order appealed from was made. The Inspector 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 hearing as a witness.
(D) Staying of action. When an appeal is from a decision or order of the Public Officer refusing to allow the person aggrieved thereby to do any act, the Public Officer’s decision or order shall remain in force until modified or reversed. When an appeal is from a decision or order of the Public Officer requiring the person aggrieved to do any act or pay any fines, the appeal shall have the effect of suspending the requirement until the hearing by the Board, unless the Public Officer certifies to the Board, after the notice of appeal is filed with the Public Officer, that by reason of the facts stated in the certificate (a copy of which shall be furnished the appellant), a suspension of the Public Officer’s requirement would cause imminent peril to life or property. In that case, the requirement shall not be suspended except by a restraining order, which may be granted for due cause shown upon not less than one day’s written notice to the Public Officer, by the Board of Adjustment, or by a court of record upon petition made pursuant to G.S. 160D-1208(d) and this section.
(e) Hearing of appeals. The Board of Adjustment shall fix a reasonable time for the hearing of all appeals, shall give due notice to all the parties, and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney. The Board may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make any decision and order as in its opinion ought to be made in the matter, and to that end it shall have all the powers of the Public Officer, but the concurring vote of four members of the Board shall be necessary to reverse or modify any decision or order of the Public Officer. The Board shall have power also in passing upon appeals, in any case when practical difficulties or unnecessary hardships would result from carrying out the strict letter of this subchapter, to adapt the application of this subchapter to the necessities of the case to the end that the spirit of this subchapter shall be observed, public safety and welfare secured, and substantial justice done. A copy of the Board’s decision shall be served on the appellant by the Public Officer.
(f) Petition to superior court.
1. Every decision of the Board of Adjustment shall be subject to review by proceedings in the nature of certiorari instituted within 15 days of the date of service of the decision of the Board, but not otherwise.
2. Any person aggrieved by an order issued by the Public Officer or a decision rendered by the Board of Adjustment may petition the superior court for an injunction restraining the Public Officer from carrying out the order or decision and the court may, upon such petition, issue a temporary injunction restraining the Public Officer pending a final disposition of the cause. The petition shall be filed within 30 days after issuance of the order or rendering of the decision. Hearings shall be held in accordance with G.S. 160D-1208(b).
(Res., passed 6-28-23)