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BK - 00026 PG:0249 members who are disqualified from voting on a quasi-judicial matter shall not be considered members of the board for calculation of the requisite supermajority if there are no qualified alternates available to take the place of such members. 3.7.5 APPLICATION FOR VARIANCE. A variance is not a right. It may be granted to an applicant only if the applicant establishes compliance with the criteria established in NCGS §§ 153A- 345(d) and 160A- 388(d). Section 8. That Article Three, Zoning and Permitting Procedures be amended to add a New Subsection 3.8. "APPEALS ", to be written as follows: 3.8 APPEALS 3.8.1 PURPOSE. The purpose of this Section is to protect the rights of applicants, landowners, and affected persons by providing procedures to hear and decide appeals from decisions of administrative officials charged with enforcement of the unified development ordinance and may hear appeals arising out of any other ordinance that regulates land use or development. This Section implements the provisions of NCGS §§ 160A -388 and 153A- 345. 3.8.2 APPLICABLITY. This Section applies to any of the following: (1) appeals from and review any order, requirement, decision, or determination made by an administrative official charged with enforcing this Ordinance, as prescribed in NCGS §§ 160A- 388(b) in incorporated areas and the ETJ and § 153A- 345(b) in unincorporated areas outside of the ETJ. 3.8.3 PROCEDURES 3.7.3.1 The board of adjustment shall hear and decide appeals decisions of administrative officials charged with enforcement of the zoning or unified development ordinance and may hear appeals arising out of any other ordinance that regulates land use or development, pursuant to all of the following: a) Any person who has standing under G.S. 160A- 393(d) or the city may appeal a decision to the board of adjustment. An appeal is taken by filing a notice of appeal with the city clerk. The notice of appeal shall state the grounds for the appeal. b) 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 by first -class mail. C) The owner or other party shall have 30 days from receipt of the written notice within which to file an appeal. Any other person with standing to appeal 4