<div class="chunk-title">Sec. 34-56. - Appeals.</div>
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            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Types of appeals.</span> The board of adjustment shall hear and decide all appeals from any order, requirement,
               decision, or determination made by the floodplain administrator. In deciding appeals,
               it may hear both those based upon an allegedly improper or erroneous interpretation
               of this article and those based upon alleged hardship resulting from strict interpretation
               of this article.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Procedure for filing appeals.</span> No appeal shall be heard by the board of adjustment unless notice thereof is filed
               within 30 days after the interested party receives notice of the order, requirement,
               decision or determination by the floodplain administrator. The applicant must file
               his application for a hearing with the floodplain administrator, who shall act as
               clerk for the board of adjustment in receiving this notice. All applications shall
               be made upon the form specified for that purpose, and all information required thereon
               shall be complete before an appeal shall be considered as having been filed.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Hearings.</span> Hearings shall be conducted as follows:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               <span class="ital">Time.</span> After receipt of notice of appeal, the board chairperson shall schedule the time
               for a hearing, which shall be at a regular or special meeting within 31 days from
               the filing of such notice of appeal.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               <span class="ital">Notice of hearing.</span> The board of adjustment shall mail notices of the hearing to the affected parties
               to the action appealed from, and to such other persons as the floodplain administrator
               shall direct, at least five days prior to the hearing. Such notice shall state the
               location of the building or lot, the general nature of the question involved in the
               appeal, and the time and place of the hearing.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               <span class="ital">Conduct of hearing.</span> Any party may appear in person or by agent or by attorney at the hearing. The order
               of business for the hearing shall be as follows:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               The chairperson, or such person as he shall direct, shall give a preliminary statement
               of the case.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               The applicant shall present the argument in support of his application.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
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               Persons opposed to granting the application shall present the argument against the
               application.
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               Both sides will be permitted to present rebuttals to opposing testimony.
               </p>
            		
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               e.
               </p>
            		
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               The chairperson shall summarize the evidence, which has been presented, giving the
               parties opportunity to make objections or corrections.
               </p>
            		
            <p class="p0">
               Witnesses may be called and factual evidence may be submitted, but the board of adjustment
               shall not be limited to consideration of only such evidence as would be admissible
               in a court of law. The board of adjustment may view the premises before arriving at
               a decision. All witnesses before the board of adjustment shall be placed under oath
               and the opposing party may cross examine them.
               </p>
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Rehearings.</span> An application for a rehearing may be made in the same manner as provided for an
               original hearing. Evidence in support of the application shall initially be limited
               to that which is necessary to enable the board of adjustment to determine whether
               there has been a substantial change in the facts, evidence, or conditions in the case.
               The application for rehearing shall be denied by the board of adjustment if, from
               the record, it finds that there has been no substantial change in facts, evidence
               or conditions. If the board of adjustment finds that there has been a change, it shall
               thereupon treat the request in the same manner as any other application.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Decisions.</span> Decisions shall be made in the following manner:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               <span class="ital">Time.</span> A decision by the board of adjustment shall be made within 30 days from the time
               of hearing.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               <span class="ital">Form.</span> Written notice by certified or registered mail of the decision in a case shall be
               given to the applicant by the floodplain administrator as soon as practical after
               the case is decided. Also, written notice shall be given to owners of the subject
               property, if not the applicant, and to other persons who have made written request
               for such notice. The final decision of the board of adjustment shall be shown in the
               record of the case as entered in the minutes of the board of adjustment and signed
               by the floodplain administrator and the chairperson upon approval of the minutes of
               the board of adjustment. Such record shall show the reasons for the determination,
               with summary of the evidence introduced and the findings of fact made by the board
               of adjustment. Where a variance is granted, the record shall state in detail any exceptional
               difficulty or unnecessary hardship upon which the appeal was based and which the board
               of adjustment finds to exist. The decision may reverse or affirm, wholly or partly,
               or modify the order, requirement, decision or determination appealed from. The record
               shall state in detail what, if any, conditions and safeguards are imposed by the board
               of adjustment in connection with the granting of a variance.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               <span class="ital">Expiration of permits.</span> Unless otherwise specified, any order or decision of the board of adjustment granting
               a variance shall expire if a floodplain development permit, building permit or certificate
               of occupancy for such use is not obtained by the applicant within one year from the
               date of the decision.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               <span class="ital">Voting.</span> The concurring vote of four-fifths of the members of the board of adjustment shall
               be necessary to reverse any order, requirement, decision or determination of the floodplain
               administrator; to decide in favor of the applicant any matter upon which the board
               of adjustment is required by this article to pass; or to grant a variance from the
               provisions of this article.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               <span class="ital">Public record of decisions.</span> The decisions of the board of adjustment, as filed in its minutes, shall be a public
               record, available for inspection at all reasonable times.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <span class="ital">Appeals from decision of board of adjustment.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Appeals from the board of adjustment may be taken to the courts pursuant to G.S. 153A-345
               and 153A-349 as same is effective on and after January 1, 2010 in accordance Session
               Law 2009-421.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Every final decision granting or denying a permit under this part shall be subject
               to review by the superior court of the county, with the right of jury trial at the
               election of the party seeking review. The time and manner of election of a jury trial
               shall be governed by G.S. 1A-1, Rule<a href="" data-chunk-id="COOR_CH38HIPR" class="section-link" data-product-id="12776"> 38</a>(b) of the Rules of Civil Procedure. Pending the final disposition of an appeal, no
               action shall be taken that would be unlawful in the absence of a permit issued under
               this part.
               </p>
            		
            <p class="historynote0">
               (Res. No. 09-11-02, Â§ 3(Art. 4, Â§ F), 11-3-09)
               </p></div>