Appeals

Appeal opportunities are provided for many development review decisions established in the UDO. Appeal procedures vary depending upon the type of appeal as described in the bulleted list below.

• A decision by a City official is presumed correct, and may not be reversed or modified, except in cases where there is substantial evidence in the record that there is an error, and the decision is invalid.
• Appeal of a decision on a Building Permit shall be made to the North Carolina Commissioner of Insurance.
• Appeal of a decision on a Subdivision Plan, Subdivision Exemption, or Final Plat shall be made to the Planning Commission.
• Appeal of the staff decision on a Certificate of Appropriateness for Minor Works shall be made to the Historic Resources Commission.
• Appeal of the Technical Review Committee’s decision resulting in a new street connection to a street or street stub in an existing single-family neighborhood shall be made to the City Council.
• Appeal of a decision on an in-lieu fee amount by the City Manager shall be made to the City Council.
• Appeal of the Zoning Administrator shall be to the Zoning Commission.
• Appeal of a Zoning Commission decision shall be made to the City Council.

Regardless of the type of appeal, any review and decision-making body deciding an Appeal may apply conditions as part of its decision on the appeal.  An appeal shall stay all proceedings by the City on the appeal except in cases where a stay would cause “imminent peril to life or property.”