Unified Development Ordinance, 6th supplement, September, 2018

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 10 – 14 Effective Date: March 6, 2018 Supp. No. 5 CHAPTER 10. ADMINISTRATION | Article 10.2. Review Procedures Sec. 10.2.1. Common Review Procedures e. Rules of Evidence i. Competent evidence shall not preclude reliance by the decision- making board on evidence that would not be admissible under the rules of evidence as applied in the trial division of the General Court of Justice if; a) The evidence was admitted without objection; or b) The evidence appears to be sufficiently trustworthy and was admitted under such circumstances that it was reasonable for the reviewing body to rely upon it. ii. Competent evidence shall not be deemed to include the opinion testimony of lay witnesses as to any of the following: a) The use of property in a particular way would affect the value of other property; b) The increase in vehicular traffic resulting from a proposed development would pose a danger to the public safety; and c) Matters about which only expert testimony would generally be admissible under the rules of evidence. iii. Documentary business records may be presented in the form of a copy or the original. Upon request, parties shall be given an opportunity to compare the copy with the original. f. Statements of Counsel Statements of counsel, or any individual acting in a pro se capacity, shall only be considered as argument and not testimony unless counsel or the individual is sworn in and the testimony is based on actual personal knowledge of the matters which are the subject of the statements. g. Continuances and Deferrals The reviewing body shall consider requests for continuances and may grant continuances in its sole discretion. If, in the opinion of the reviewing body, any testimony or documentary evidence or information presented at the hearing justifies allowing additional research or review in order to properly determine the issue presented, then the reviewing body may continue the matter to a time certain to allow for such research or review.