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 violation is transitory in nature, a stay would seriously interfere with enforcement of the Land Development Ordinance. In that case, enforcement proceedings shall be stayed except by a restraining order, which may be granted by a court. If enforcement proceedings are not stayed, the appellant may file with the official a request for an expedited hearing of the appeal, and the Board of Adjustment shall meet to hear the appeal within 15 days after such a request is filed. Notwithstanding the foregoing, appeals of decisions granting a permit or otherwise affirming that a proposed use of property is consistent with the Land Development 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 of Adjustment may grant a stay of a final decision of permit applications or building permits affected by the issue being appealed.
F. Action within a Reasonable Time . Subject to the provisions of subsection h. above, the Board of Adjustment shall hear and decide the appeal within a reasonable time.
G. Hearing Proceedings . The official who made the decision shall be present at the hearing as a witness. The appellant shall not be limited at the hearing to matters stated in the notice of appeal. However, if any party or the Town would be unduly prejudiced by the presentation of matters not presented in the notice of appeal, the Board of Adjustment shall continue the hearing. The Board of Adjustment may reverse or affirm, wholly or partly, or may modify the decision appealed from and shall make any order, requirement, decision, or determination that ought to be made. The Board of Adjustment shall have all the powers of the official who made the decision. H. Other Appeals . When hearing an appeal pursuant to North Carolina General Statutes §160D-405, -406, -705, and -1402 or any other appeal in the nature of certiorari, based on an administrative staff decision, the hearing shall be based on the record of answers and scope of review as provided in North Carolina General Statutes §160D-405, -406, -705, and -1402. I. Alternative Dispute Resolution . The parties to an appeal that have been made under this subsection may agree to mediation or other forms of alternative dispute resolution.
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