Unified Development Ordinance

Sec. 11.9.18. Board of Adjustment to Hear Appeals

Sec. 11.9.18. Board of Adjustment to Hear Appeals aaron.sheppard… Wed, 05/24/2023 - 10:43
  1. All appeals which may be taken from decisions or orders of the code enforcement coordinator or officer pursuant to this Article shall be heard and determined by the Board of Adjustment. As the appeals body, the Board shall have the power to fix the times and places of its meetings, to adopt necessary rules of procedure and any other rules and regulations which may be necessary for the proper discharge of its duties.
  2. Appeals shall be subject to the following:
    1. An appeal from any decision or order of the code enforcement coordinator or officer may be taken by any aggrieved party. Any appeal from the code enforcement coordinator or officer shall be taken within 10 days from the rendering of the decision or service of the order, and shall be taken by filing with the code enforcement coordinator or officer, and the Board of Adjustment, a notice of appeal which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the code enforcement coordinator or officer shall transmit to the Board all the papers constituting the record upon which the appealed decision was made. When the appeal is from a decision of the code enforcement coordinator or officer refusing to allow the aggrieved party to act, the code enforcement coordinator or officer's decision shall remain in force until modified or reversed. When the appeal is from a decision of the code enforcement coordinator or officer requiring the aggrieved party to act, the appeal shall have the effect of suspending the requirement until the hearing of the appeal by the Board; however, should the code enforcement coordinator or officer certify to the Board, after the notice of appeal is filed, that by reason of the facts stated in the certification, a suspension of the requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended except by a restraining order. The restraining order may be granted for due cause shown upon not less than 1 day's written notice to the code enforcement coordinator or officer, by the Board or by a court of general jurisdiction upon petition made pursuant to G.S. §160D-1208(d) and this UDO.
    2. The Board shall fix a reasonable time for the hearing of all appeals, shall give notice to all 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 appealed or order, and may make such decision and order as ought to be made in the matter, and to that end it shall have all the powers of the code enforcement coordinator or officer. The concurring vote of 4/5 of the members of the Board shall be necessary to reverse or modify any decision or order of the code enforcement coordinator or officer. In any case when practical difficulties or unnecessary hardships would result from carrying out the strict letter of this Article, the Board may adapt the application of the Article to the necessities of the case to the end that the spirit of the Article shall be observed, public safety and welfare secured, and substantial justice done.
    3. Every decision of the board shall be subject to review by the Superior Court by proceedings in the nature of certiorari instituted within 15 days of the decision of the Board.