§ 16-514. Appeal from action by board of commissioners on conditional uses.

(a)

Any appeal from a decision of board of commissioners on an application for a conditional use permit or an application for major changes to a conditional use permit is subject to judicial review by proceedings in the nature of certiorari filed in the Superior Court of Pender County and consistent with G.S. ch. 160A, art. 19. Judicial review in the nature of certiorari may be brought by:

(1)

Any person aggrieved by a decision of the board of commissioners;

(2)

Persons having an ownership interest in the property that is the subject of the decision being appealed, persons having a leasehold interest in the property that is the subject of the decision being appealed, persons having an interest created by easement, restriction, or covenant in the property that is the subject of the decision being appealed, and persons having an option or contract to purchase the property that is the subject of the decision being appealed;

(3)

Any other person who will suffer special damages as the result of the decision being appealed;

(4)

An incorporated or unincorporated association to which owners or lessees of property in a designated area belong by virtue of their owning or leasing property, or an association otherwise organized to protect and foster the interest of the particular neighborhood or local area, so long as a least one of the members of the association would have standing under subsections (a)(1) to (a)(3) of this section as an individual to challenge the decision being appealed, and the association was not created in response to the particular development or issue that is the subject of the appeal.

(b)

The petition for the writ of certiorari must be filed with the Pender County clerk of court within 30 days after the later of the following occurrences:

(1)

A written copy of board of commissioners' decision has been filed with the town clerk;

(2)

A written copy of the board of commissioners' decision has been delivered by personal service or certified mail, return receipt requested, to every aggrieved party who at the time of its hearing has filed with the town clerk a written request for a copy of the decision.

(c)

A copy of the writ of certiorari shall be served upon the town.

(d)

The petitioner shall follow procedures as required by G.S. ch. 160A, art. 19.

(Ord. No. 96-003, § 1, 7-10-1996; Ord. No. 97-002, § 4, 8-13-1997; Ord. No. 10-001, § 1, 1-13-2010; Ord. No. 2012-002, § 8(12.7), 3-14-2012)