The Save Highlands representatives have filed an Appeal of Decision to the Planning and Development director of the Town of Highlands in regard to the town’s decision to enforce current zoning laws, which bans all short-term rentals in R-1 starting Jan. 3.
The appeal is one of the many potential remedies prior to filing a lawsuit.
The entire appeal is below:
Pursuant to N.C. Gen. Stat. § 160D-405 and the Unified Development Ordinance of the Town of Highlands (“UDO”), the aforementioned petitioner appeals from the decision of the Board of Commissioners made on August 24, 2021, interpreting the Unified Development Ordinance to prohibit short term rentals in the R1, R2, and R3 zoning districts and the letter posted in or around September 6, 2021, written by the Town Attorney stating the same.
The grounds for the appeal, include, but are not limited to the following:
1. Neither the Board of Commissioners nor the Town Attorney had authority under the UDO or the North Carolina General Statutes to render administrative decisions or to interpret the ordinance.
2. The UDO on its face does not prohibit short term rentals in the R1, R2, and R3 zoning districts. The interpretation of the Board of Commissioners and the Town Attorney is an improper or erroneous interpretation of the UDO.
3. The Town of Highlands did not comply with the proper procedure in making its determination.
4. The decision of the Town of Highlands was unconstitutional.
5. At least one member of the Board of Commissioners had an impermissible conflict of interest under N.C. Gen. Stat. § 160D-109 such that the decision was not sufficiently impartial.
6. The interpretation of the Board of Commissioners and the Town Attorney is an overly strict interpretation of the UDO and will cause a hardship on Petitioners.
Those included in the petition are David Bee, Brandon and Jennifer Huff, Kristy and Christian Favalli and Becky Blakeney.
According to the appeal, the street addresses for the properties affected in Highlands are 662 Wyanoak Rd., 72 Mt Lori Drive, 187 Mt Lori Drive, 100 Harris Drive, 134 Heatherwood Lane, 5 Choctaw Lane, 327 Picklesimer Rd., 1726 Franklin Rd., 7 Worley Rd., 48 Holt Knob Rd., 931 Wilson Rd., 149 Gibson and 275 Satulah Ridge Rd.
Upon service of the notice of appeal, accompanied by supporting documents, upon the Chairman or Vice Chairman of the Zoning Board of Adjustment, the Board shall forthwith fix a date within a reasonable time thereafter for the hearing of the appeal or for a hearing upon any other matter properly referred to it; the Zoning Board of Adjustment shall call a public hearing as outline in Sec. 4.2.4, Notice and Public Hearings, shall give due notice thereof to the parties in interest and render a decision upon the same within a reasonable time after the hearing, according to the appeal.
- By Christopher Smith