Sec. 3.15. Appeal of Administrative Decision

3.15.1. Applicability

An appealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. by any personClosed Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. aggrieved by a final order, interpretation, or decision of any administrative official authorized to make decisions in regard to the provisions of this Ordinance shall be taken to the Board of Adjustment, except as otherwise provided in this Ordinance or State statute.

3.15.2. Application Requirements

A. A written notice of appealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. of an administrative decision shall be filed as an application specifying the grounds for the appealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision., and in accordance with other applicable provisions of paragraph 3.2.4, Application Requirementss.

B. The appealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. shall be considered filed when the complete application is delivered to the Durham City-County Planning Director. The date and time of filing shall be entered on the notice application.

3.15.3. Submission of Application

A. A personClosed Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. or party with standing shall have 30 days from receipt of the written determination to file an appealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision., or 30 days from receipt from any source of actual or constructive notice of the determination, pursuant to NCGS § 160D-405(d).

B. The official who made the decision shall provide it in writing to the ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. of the property that is the subject of the decision and to the party who sought the decision, if different than the ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds.. The written decision shall be delivered by personalClosed Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. delivery, electronic mail, or by first class mail.

3.15.4. Notice and Public Hearings

Once the application has been submitted, the Planning Director or designee shall schedule a public hearing at the first available Board of Adjustment meeting and give public notice pursuant to paragraph 3.2.5, Notice and Public Hearings.

3.15.5. Action by the Planning Director

A. The Planning Director or designee shall transmit to the Board of Adjustment all the documents and exhibits constituting the record upon which the action appealedClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. from is taken.

B. The Planning Director or designee shall provide a copy of the record to the appellant and to the ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. of the property that is subject to the appealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision., if different than the appellant.

3.15.6. Action by Board of Adjustment

The Board of Adjustment may reverse or affirm (wholly or partly) or may modify the decision appealedClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. from and shall make any order, requirement, decision, or determination that ought to be made in the case before it. To this end, the Board of Adjustment shall have all the powers of the official from whom the appealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. is taken.

3.15.7. Effect of Appeal

A. An appealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. of a notice of violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. or other enforcement order stays enforcement of the action appealedClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. from, including any accumulation of fines, during the pendency of the appealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. to the Board of Adjustment and any subsequent appealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. in accordance with NCGS §160D-1402, or during pendency of any civil proceeding authorized by law, including NCGS §160D-1403.1, or appealsClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. therefrom, unless the official who made the decision certifies to the Board of Adjustment after notice of appealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. has been filed that because of the facts stated in an affidavit, a stay would cause imminent peril to life or property; or because the violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. is transitory in nature, a stay would seriously interfere with enforcement of the Ordinance. In that case, enforcement proceedings shall not be stayed except by a restraining order, which may be granted by a court.

B. If enforcement proceedings are not stayed, the appellant may file a request for an expedited hearing of the appealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision., and the Board of adjustment shall meet to hear the appealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. within 15 days after such a request is filed.

C. Notwithstanding the foregoing, appealsClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. of decisions granting a developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. approval 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 Board may grant a stay of a final decision of permit applications or buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. permits affected by the issue being appealedClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision..

3.15.8. Appeal

AppealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. from the Board of Adjustment action can be taken by filing a petition in the nature of certiorari with the Durham County Superior Court.