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Home My WebLink AboutAppeal Application Page 1 of 5 Variance Application – Updated 10/2017 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina Telephone (910) 798-7165 FAX (910) 798-7053 planningdevelopment.nhcgov.com APPEAL Application REVIEW PROCESS Step 1: Pre-Application Conference In order to assist applicants through the variance process, applicants are highly encouraged to attend a pre- application conference prior to application submittal. The purpose of the pre-application conference is to provide the applicant an opportunity to become familiar with the submittal requirements and procedures of the application. Step 2: Application Submittal Applications must be received by the Planning and Inspections Department within 30 days of the date of the decision or interpretation being appealed. A complete application consists of the items detailed in the submittal checklist provided in this application. Step 3: Staff Review Upon receiving a completed application, staff may distribute it to certain departments and agencies for review. County Planning staff shall review the application, and prepare a staff report for the Zoning Board of Adjustment. Step 4: Zoning Board of Adjustment Review and Action The New Hanover County Zoning Board of Adjustment shall consider the application at a public hearing. Public hearings for appeal applications are conducted in a quasi-judicial manner and include additional standards for the testimony and evidence presented during the hearing. The property owner, or their attorney, must be present for the meeting. A majority of the Board shall be necessary to reverse or modify the decision or interpretation that was appealed. The Board’s decision on the application may be appealed to Superior Court within 30 days of the decision. An appeal of a notice of violation or other enforcement order stays enforcement action unless it is determined that a stay would cause imminent peril to life or property, or because the violation is transitory in nature and a stay would seriously interfere with enforcement of the ordinance. In that case, enforcement proceedings shall not be stayed except by a restraining order granted by a court of record in New Hanover County. If enforcement proceedings are not stayed, the appellant my file a request for an expedited hearing of the appeal, and the Board shall meet within 15 days after such request is filed. The Planning and Inspections Department shall notify the public of the hearing in accordance with standards of the Zoning Ordinance. This includes sending mailed notice to nearby residents, posting a sign on the subject property, and advertising the hearing in a local newspaper. Page 2 of 5 Variance Application – Updated 10/2017 This page left blank for formatting purposes. Page 3 of 5 Variance Application – Updated 10/2017 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina Telephone (910) 798-7165 FAX (910) 798-7053 planningdevelopment.nhcgov.com APPEAL Application Applicant/Agent Information Property Owner(s) If different than Applicant/Agent Name Owner Name Company Owner Name 2 Mailing Address Mailing Address City, State, Zip City, State, Zip Phone Phone Email Email Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Existing Zoning and Use(s) Application Tracking Information (Staff Only) Case Number Date/Time received: Received by: Page 4 of 5 Variance Application – Updated 10/2017  APPEAL NARRATIVE Action being appealed: Decision or Interpretation  Notice of Violation Date of decision/violation being appealed: ____________________________ In the below space, please provide a narrative of the application including any evidence that proves the decision should be reversed or modified by the Zoning Board of Adjustment. (Additional pages may be attached to the application if necessary) _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ APPLICATION REQUIREMENTS Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under “Applicant Initial”. Staff will not process an application for further review until it is determined to be complete. Required Information Applicant Initial Staff Initial 1 Complete Appeal application 2 Application fee – $400 3 Any Supporting Documentation 4 1 hard copy of ALL documents. Additional hard copies may be required by staff depending on the size of the document/site plan. 5 1 PDF digital copy of ALL documents AND plans on a Compact Disk (CD). Page 5 of 5 Variance Application – Updated 10/2017 ACKNOWLEDGEMENT AND SIGNATURES By my signature below, I understand and accept all of the conditions, limitations and obligations of the appeal application for which I am applying. I understand that I have the burden of proving why the decision which is being appealed should be reversed or modified. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and commitments; and 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application. __________________________________________ _______________________________________ Signature of Property Owner(s) Print Name(s) __________________________________________ _______________________________________ Signature of Applicant/Agent Print Name(s) NOTE: Form must be signed by the owner(s) of record. If there are multiple property owners a signature is required for each owner of record. *The land owner or their attorney must be present for the case at the public hearing. For Staff Only Application Comments ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________