Section 4.200 - Initiation

Any person who has standing under N.C.G.S. § 160D-1402(c) or the local government may appeal an administrative decision made pursuant to this ordinance to the board. An appeal is taken by filing a notice of appeal with the Planning Staff. The notice of appeal shall state the grounds for the appeal. A petition for variance may be initiated only by the owner of the affected property, an agent authorized in writing to act on the owner's behalf, or a person having a written contractual interest in the affected property.


The owner or other party has 30 days from receipt of the written notice of the determination within which to file an appeal. Any other person with standing to appeal has 30 days from receipt from any source of actual or constructive notice of the determination within which to file an appeal. A notice of appeal, in the form prescribed by the Planning Director, must be filed with the Planning Staff,  accompanied by a nonrefundable filing fee as established by the Huntersville Board of Commissioners.  The official who made the decision shall transmit to the board all documents and exhibits constituting the record upon which the decision appealed from is taken. The official 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 Planning Board may recommend, and the Town Board may decide to affirm or reverse, wholly or partially, or modify the decision or interpretation under appeal. The decision to reverse or modify may be made upon finding an error in the application of these regulations on the part of the administrative official rendering the decision or interpretation.

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