§ 21-331. Appeals.

Appeals of orders or decisions of the zoning administrator shall be conducted as follows:

(1)

Notice of appeal. Any person who has standing under G.S. 160A-393(d) or the county may appeal any order or decision of any administrator of this chapter to the zoning board of adjustment (ZBA). An appeal is initiated by filing a written notice of appeal with the clerk to the board of commissioners, which specifies the grounds for the appeal. The clerk shall note the date and time of receipt of the appeal.

(2)

Time to appeal. The property owner or his authorized agent shall have thirty (30) days from receipt of the written notice to file an appeal. Any other person with standing to appeal shall have thirty (30) days from receipt from any source of actual or constructive notice of the decision to file an appeal. It shall be conclusively presumed that all persons with standing to appeal have constructive notice of the decision from the date a sign containing the words "Zoning Decision" or "Subdivision Decision" in letters at least six (6) inches high and identifying the means to contact an official for information about the decision is prominently posted on the property that is the subject of the decision, provided the sign remains on the property for at least ten (10) days. Posting of signs is not the only form of constructive notice. Any such posting shall be the responsibility of the landowner or applicant. Verification of the posting shall be provided to the official who made the decision.

(3)

Stay of action. An appeal stays all actions by the administrator seeking enforcement of or compliance with the order or decision, unless the administrator certifies to the ZBA that, because of the facts surrounding the situation, a stay would cause imminent peril to life or property or because the violation is transitory in nature, a stay would seriously interfere with enforcement of the ordinance. In that case, proceedings shall not be stayed except by a restraining order, which may be granted by a court. If enforcement proceedings are not stayed, the appellant may file with the official a request for an expedited hearing of the appeal, and the ZBA shall meet to hear the appeal within fifteen (15) days after such a request is filed. The ZBA shall hear and decide all other appeals with[in] a reasonable time. Notwithstanding the foregoing, appeals of decisions granting a permit or otherwise affirming that a proposed use of property is consistent with the ordinance shall not stay the further review of an application for permits or permissions to use such property; in these situations the appellant may request and the ZBA may grant a stay of a final decision of permit applications or building permits affected by the issue being appealed.

(4)

Procedures. The administrator who made the decision shall transmit to the ZBA all documents and exhibits constituting the record upon which the action appealed from are taken. The administrator shall also provide a copy of the record to the appellant and to the owner of the property that is the subject of the appeal if the appellant is not the owner. The administrator shall be present at the hearing as a witness. The appellant shall not be limited at the hearing to matters stated in the notice of appeal. If any party or the county would be unduly prejudiced by the presentation of matters not presented in the notice of appeal, the ZBA shall continue the hearing.

When hearing an appeal pursuant to G.S. 160A-400.9(e) or any other appeal in the nature of certiorari, the hearing shall be based on the standards of this ordinance and the scope of review shall be as provided in G.S. 160A-393(k).

(5)

ZBA action. ZBA decisions shall include a statement of the specific reasons or findings of fact that support the motion consistent with section 21-315(7).

(Ord. of 1-19-98, § XIV; Amend. of 4-21-14)