Unified Development Ordinance, 4th supplement, September 2017

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 10 – 13 Effective Date: September 01, 2013 Supp. No. 4 Article 10.2. Review Procedures | CHAPTER 10. ADMINISTRATION Sec. 10.2.1. Common Review Procedures D. Additional Requirements 1. Quasi-Judicial Public Hearing Requirements For notice and hearing requirements applicable to each quasi-judicial procedure see Sec. 10.1.8. a. Rules of Procedure i. In all quasi-judicial hearings, rulings must be based only upon the evidence received by the reviewing body at the hearing. ii. The review body shall act as an impartial decision-maker. No member shall participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision-maker. Impermissible conflicts include, but are not limited to, a member having a fixed opinion prior to the hearing of the matter that is not susceptible to change, undisclosed ex-parte communication, a close financial business or other associational relationship with an affected person or a financial interest in the outcome of the matter. If an objection is raised to a member's participation and that member does not excuse themself, the remaining members of the review body shall by majority vote rule on the objection. iii. The reviewing body shall act as a fact-finding body and shall approve or disapprove the application in accordance with the evidence presented before it which is substantial, competent, relevant and material. iv. The burden of proof is upon the party who files the application and if the party fails to meet its burden, the reviewing body shall deny the request. b. Conduct of Hearing i. The presiding officer of the reviewing body shall call the proceedings to order and announce that the hearing has begun. ii. All witnesses who are to testify at the hearing shall be sworn in. iii. The Planning and Development Officer shall briefly describe the applicant’s request, introduce and review all relevant City Code provisions and answer questions from the reviewing body. iv. The applicant (if acting in a pro se capacity) or their legal counsel shall present the case in support of its application. v. Parties in interest, including the City, shall have the right to present evidence and cross-examine witnesses, as to any competent, material and relevant facts, inspect documents and make oral argument. vi. Counsel for the reviewing body may advise the reviewing body as to the applicable law and the findings of fact that must be made to approve or deny the request. vii. The reviewing body shall conduct open deliberation of the application. The presiding officer of the reviewing body shall have the discretion to reopen proceedings for additional testimony or argument by the parties when the reviewing body determines that a decision cannot be made with the testimony at hand. viii.Reasonable and appropriate conditions and safeguards may be imposed as part of any approval. A condition offered by the reviewing body for an approval must be related to the evidence received by the reviewing body at the hearing as provided for under all applicable State and local laws. ix. Every decision shall include the vote, abstention from voting or absence of each member. The decision, including findings of fact and conclusions of law, shall be filed with the City Clerk. A written copy of the decision shall be delivered in accordance with Sec. 10.2.1.C.6. x. The presiding officer of the reviewing body shall rule on the admissibility of evidence and make determinations on whether evidence is competent, material, relevant or redundant. c. Examination Members of the reviewing body may ask questions of persons presenting testimony or evidence at any time during the proceedings until commencement of deliberation. d. Cross-Examination of Witnesses After each witness testifies, testimony is subject to cross-examination.