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O Q <br />BK:00026 PG -0249 <br />members who are disqualified from voting on a quasi-judicial matter shall not be <br />considered members of the board for calculation of the requisite supermajority if there <br />are no qualified alternates available to take the place of such members. <br />3.7.5 APPLICATION FOR VARIANCE. <br />A variance is not a right. It may be granted to an applicant only if the applicant <br />establishes compliance with the criteria established in NCGS §§ 153A -345(d) and 160A - <br />388(d). <br />Section & That Article Three, Zoning and Permitting Procedures be amended to add a New <br />Subsection 3.8. "APPEALS", to be written as follows: <br />3.8 APPEALS <br />3.8.1 PURPOSE. <br />The purpose of this Section is to protect the rights of applicants, landowners, and affected <br />persons by providing procedures to hear and decide appeals from decisions of <br />administrative officials charged with enforcement of the unified development ordinance <br />and may hear appeals arising out of any other ordinance that regulates land use or <br />development. This Section implements the provisions of NCGS §§ 160A-388 and 153A- <br />345. <br />3.8.2 APPLICABLITY. <br />This Section applies to any of the following. <br />(1) appeals from and review any order, requirement, decision, or determination made <br />by an administrative official charged with enforcing this Ordinance, as prescribed in <br />NCGS §§ 160A -388(b) in incorporated areas and the ETJ and § 153A -345(b) in <br />unincorporated areas outside of the ETJ. <br />3.8.3 PROCEDURES <br />3.73.1 The board of adjustment shall hear and decide appeals decisions of <br />administrative officials charged with enforcement of the zoning or unified development <br />ordinance and may hear appeals arising out of any other ordinance that regulates land use <br />or development, pursuant to all of the following: <br />a) Any person who has standing under G.S. 160A -393(d) or the city may <br />appeal a decision to the board of adjustment. An appeal is taken by filing a notice <br />of appeal with the city clerk. The notice of appeal shall state the grounds for the <br />appeal. <br />b) The official who made the decision shall give written notice to the owner <br />of the property that is the subject of the decision and to the party who sought the <br />decision, if different from the owner. The written notice shall be delivered by <br />personal delivery, electronic mail, or by first-class mail. <br />C) The owner or other party shall have 30 days from receipt of the written <br />notice within which to file an appeal. Any other person with standing to appeal <br />4 <br />