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91973~25~9;~ 5/ 6 <br />,' 9- 2-97 8:57 ;° <br /> <br /> such. Board for a term of years, the term of the office of each <br /> member shall be three years. Such ~',:~i-.'i~icr. The Development <br /> Review Board shall hear and decide appeals from and review any <br /> order, requirement, decision or determination made by any <br /> administrative offic/al charged with the enforcement of any <br /> ordinance adopted pursuant to this section. It shall also hear and <br /> decide all matters referred to in or upon which it is required to <br /> pass under any such ordinance. The affirmative vote of a majority <br /> of members of the Board shall be necessary to reverse any order, <br /> requirement, decision or determination of any administrative <br /> official, or. to.. decide in favor of the applicant any matter upon <br /> which it is required to pass under any such ordinance or to effect <br /> any variation in any of the provisions of such ordinance. Every <br /> decision of such Board shall, however, be subject to review by <br /> groceedings in the nature of certiorari. Such appeal may be taken <br /> y any person aggrieved or by an officer, department, board or <br /> bureau of the City. Such appeal shall be taken within such time as <br /> shall be prescribed by the ~a-bd/~Nsio~ Development Review <br /> Board by general rule, by filing'w/th the officer f~om whom the <br /> appeal is taken and with the ~::bdl;'i:icn Develonmen~ Review <br /> Board a notice of appeal, specifying the groundi thereof. The <br /> off~cer from whom the appealis taken shall forthw/th transmit to <br /> the Board all the papers constituting the record upon which the <br /> action appealed from was taken. An appeal from the <br /> administrative official to the 8ubdi,e/sie~ Dcvelooment Review <br /> Board stays all proceedings 'in furtherance of the action appealed <br /> from until the decision of the ~ubdi~'izlcr. Development Review <br /> Board is rendered, at which time the stay of proceedings shall <br /> cease, unless the proceedings shall be further stayed by a <br /> restraining order granted by a' court of record or by the <br /> ~ Development Review Board. The <br /> ~evelovment Review Board shall fix a reasonable time for the <br /> heating of the appeal from the administrative official and shall give <br /> due notice thereof to the parties, and decide the same within a <br /> reasonable time. Upon the hearing, any party may appear in <br /> person or by agent or by attorney. The ~ Development <br /> Review Board may rev?se or affirm, wholly or partly, or may <br /> modify the order, requirement, decision, action or determination <br /> appealed from, and shall make such order, requirement, decision <br /> or determination as in its opinion ought to be made in the <br /> premises, and to that end shall have all of the powers of the officer <br /> from whom the appeal is taken. Where there are practical <br /> difficulties or unnecessary hardships in the way of carrying out the <br /> strict letter of such ordinances, the Subd'.'v~;~cn Development <br /> Review Board ~hall have the power, in passing upon appeals, to <br /> vary or modify any of thc rcgulatioms or provisions of such <br /> ordinances relating to subdivisions, plats, maps and all other <br /> requirements of the ordinance,, in harmony with'the general <br /> pu.rpose and intent of this section, so that the spirit of the <br /> ordinance may be observed, public safety, convenience and welfare <br /> secured and substantial justice done." <br /> · Section 8. The Charter of the City of Durham, being Chapter 671 of the <br />Sesswn Laws, is amended by adding the follow/ng new section: <br /> <br />4 House Bill 786 <br /> <br /> <br />