(a)

Before making a decision on a special use permit, an appeal or an application for a variance, or a petition from the administrator to revoke a special use permit, the Board of Adjustment or the town commissioners shall hold a quasi-judicial hearing during a public meeting on the appeal or application.

(b)

A hearing before the Board of Adjustment shall be open to the public. The applicant, the town, and any person who would have standing to appeal the decision under G.S. 160D-1402(c) shall have the right to participate as a party at the evidentiary hearing. Other witnesses may present competent, material, and substantial evidence that is not repetitive as allowed by the board.

(c)

The Board of Adjustment may place reasonable and equitable limitations on the presentation of evidence and arguments and the cross examination of witnesses so that the matter at issue may be heard and decided without undue delay.

(d)

The board hearing an appeal or application may continue the hearing until a subsequent meeting and may keep the hearing open to take additional evidence up to the point a final decision is made. No further notice of a continued hearing need be published unless a period of six weeks or more elapses between hearing dates.

(Ord. of 9-14-2005, § 24.1; Ord. No. 2013-13Z, 12-18-2013; Ord. No. ZTA-21-02, Art. III(Pt. 57), 6-16-2021)

The zoning administrator shall give notice of any hearing required by section 24-1 as follows:

(1)

Notice shall be given to the appellant or applicant and any other person who makes a written request for such notice by mailing to such persons a written notice not more than 25 and no fewer than ten calendar days before the hearing.

(2)

With respect to hearings on matters other than special use permits, notice shall be given to neighboring property owners by mailing a written notice no later than ten calendar days (15 calendar days in the case of the Board of Adjustment) before the hearing to those persons who own property located within 100 feet of the lot that is the subject of the application or appeal. In all cases, the applicant shall provide stamped, addressed envelopes of neighboring property owners to the zoning administrator. Notice shall also be given by prominently posting signs in the vicinity of the property that is the subject of the proposed action. Such signs shall be posted no less than ten calendar days prior to the hearing.

(3)

The notice required by this section shall state the date, time and place of the hearing, reasonably identify the lot that is the subject of the application or appeal, and give a brief description of the action requested or proposed.

(Ord. of 9-14-2005, § 24.2; Ord. No. 2013-13Z, 12-18-2013; Ord. No. ZTA-21-02, Art. III(Pt. 58), 6-16-2021)

(a)

The provisions of this section apply to all hearings for which a notice is required by section 24-2.

(b)

All persons who present evidence or speak to the permit-issuing authority shall be sworn.

(c)

All findings and conclusions necessary to the issuance or denial of the requested variance or appeal shall be based upon competent, material, and substantial evidence.

(d)

Objections regarding jurisdictional and evidentiary issues, including, but not limited to, the timeliness of an appeal or the standing of a party, may be made to the board. The chairman of the board or mayor shall rule on all objections, and the rulings may be appealed to the full board.

(e)

The administrator or staff to the board shall transmit to the board all applications, reports, and written materials relevant to the matter being considered. The administrative materials may be distributed to the members of the board prior to the hearing if at the same time they are distributed to the board a copy is also provided to the appellant or applicant and to the landowner if that person is not the appellant or applicant. The administrative materials shall become a part of the hearing record. The administrative materials may be provided in written or electronic form. Objections to inclusion or exclusion of administrative materials may be made before or during the hearing. Rulings on unresolved objections shall be made by the board at the hearing.

(Ord. of 9-14-2005, § 24.3; Ord. No. 2013-13Z, 12-18-2013; Ord. No. ZTA-21-02, Art. III(Pt. 59), 6-16-2021)

(a)

In response to questions or comments by persons appearing at a hearing before the Board of Adjustment or to suggestions or recommendations by the Board of Adjustment, the applicant may agree to modify his application, including the plans and specifications submitted.

(b)

Unless such modifications are so substantial or extensive that the permit-issuing authority cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised plans review, the Board of Adjustment may approve the application with the stipulation that the permit will not be issued until plans reflecting the agreed upon changes are submitted to and approved by the zoning administrator.

(Ord. of 9-14-2005, § 24.4; Ord. No. 2013-13Z, 12-18-2013)

(a)

A record shall be made of all hearings required by section 24-1, and such recordings shall be kept as provided by state law, but a transcript need not be made. Minutes shall also be kept of all such proceedings, but a transcript need not be made. Any applicant, appellant, or other party may, at their own expense, employ a court reporter to record the hearing.

(b)

All documentary evidence presented at a hearing as well as all other types of physical evidence shall be made a part of the record of the proceedings. With the approval of the parties, copies may be submitted for the originals. Such evidence shall be kept by the city for at least five years; provided, however, such evidence shall be disposed of by agreement of the parties or by the rendering of a final decision by the court.

(Ord. of 9-14-2005, § 24.5; Ord. No. 2013-13Z, 12-18-2013)

The board holding the quasi-judicial hearing shall determine contested facts and make its decision within a reasonable time. Every quasi-judicial decision shall be based upon competent, material, and substantial evidence in the record. Each quasi-judicial decision shall be reduced to writing and reflect the board's determination of contested facts and their application to the applicable standards. The written decision shall be signed by the chair or other duly authorized member of the board. A quasi-judicial decision is effective upon filing the written decision with the town clerk. The decision of the board shall be delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner, and to any person who has submitted a written request for a copy, prior to the date the decision has become effective. The zoning administrator shall certify that proper notice has been made.

(Ord. of 9-14-2005, § 24.6; Ord. No. 2013-13Z, 12-18-2013)