A. Notice of Appeal with Standing . Any person who has standing under North Carolina General Statutes §160D-1402 may appeal a decision to the Board of Adjustment. An appeal is taken by filing a notice of appeal with the Town Clerk. The notice of appeal shall state the grounds for the appeal. B. Notice of Appeal to Owner . The official who made the decision shall give written notice to the owner of the property that is the subject of the decision and to the party who sought the decision, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or first-class mail. C. Time to Appeal . The owner or other party shall have 30 days from receipt of the written notice of a decision of the Planning Director (Zoning and Subdivision Administrator) or other administrative staff rendering a decision within which to file an appeal. Any other person with standing to appeal shall have 30 days from receipt from any source of actual or constructive notice of the decision within which 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 on which a sign containing the words “Zoning Decision” or “Subdivision Decision” or “Administrative Decision” in letters at least six (6) inches in height and identifying the means to contact an official for information about the decision is promptly posted on the property that is the subject of the decision, provided the sign remains on the property for at least 10 days. Posting of signs is not the only form of constructive notice. Any such postings shall be the responsibility of the landowner or applicant. Verification of the posting shall be provided to the Planning Director (Zoning and Subdivision Administrator). Absent an ordinance provision to the contrary, posting of signs shall not be required. D. Documentation of Record . The Planning Director (Zoning and Subdivision Administrator) or other administrative staff decision shall submit to the Board of Adjustment all documents and exhibits constituting the record upon which the action appealed from are taken. The official shall also provide a copy of the record to the appeal to the owner of the property that is the subject of the appeal if the appellant is not the owner. E. Stay of Enforcement during Appeal . An appeal of a notice of violation or other enforcement order stays enforcement of the action appealed from unless the Planning Director (Zoning and Subdivision Administrator) or other administrative staff certifies to the Board of Adjustment, after notice of appeal
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