(A) Appeals to the Board may be taken by any person aggrieved or by an officer, department, board or bureau of the Town of Wilkesboro affected by any decisions of the Zoning Enforcement Officer or Zoning Administration Officer, or other town official based on this section. The appeal shall be taken within 30 days of the decision by filing with the Zoning Enforcement Officer and Zoning Administration Officer and with the Board a written notice of appeal specifying the grounds thereof. All papers constituting the record upon which the action appealed from was taken shall forthwith be transmitted to the Board.
(B) The Board of Adjustment shall hold hearings at which specific appeals shall be heard, notice of hearing being made public in at least 2 of the following ways:
(1) Published in a newspaper of general circulation throughout the community;
(2) Posting signs concerning the hearing in the neighborhood which is affected;
(3) Sending written notices to all of the adjoining property owners.
(C) In any of the 3 methods of notice each should contain the time, date and place of the hearing, and the property which will be affected.
(D) There shall be a fee of $50 payable to the Town of Wilkesboro to cover the costs of administration and public hearing advertisement for each hearing which the Board hears. The fee will be payable when the appeal is instigated.
(E) The Board shall vote according to the procedures set forth in § 32.045 when instituting action to overrule the decisions of the Zoning Enforcement Officer or Zoning Administration Officer. Conditional use cases, special exceptions and variance cases shall require 4/5 of the members of the Board of Adjustment voting in favor of that action.
(F) Any appeals to the decisions of the Board of Adjustment shall be taken to Wilkes 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. The Board decisions should be filed as follows:
(1) One copy to the Town Manager/Zoning Administration Officer;
(2) One copy to the Building Inspector/Zoning Enforcement Officer;
(3) One copy to the town hall;
(4) One copy to the appellant; and
(5) One copy in the Board files.
(Ord. passed 6-3-1996)