A. Modification of Application.
1. The applicant may agree to application modifications in response to questions or comments by persons appearing at the public hearing or to recommendations by the Town Council, Planning Commission or Board of Adjustment.
2. Unless such modifications are so substantial that the board cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised plans before it, the Board may approve the application with the stipulation that the permit will not be issued until plans reflecting the agreed upon changes are submitted to the Planning Department.
3. The decision-making body may refer the case back to the recommending body for review, prior to further consideration. The decision-making body shall choose one of the following options:
a. Continue the hearing to a new date and time certain within 45 days in accordance with the provisions below.
b. Close the hearing and re-publish notice of any future hearing in accordance with this paragraph.
B. Continuation. The decision-making body may continue hearings without further notification so long as the motion to continue the hearing, made in open session, specifies the date and time of the hearing continuation.
C. Evidentiary Hearings. Pursuant to G.S. § 160D-406, evidentiary hearings shall be required as specified in Section 3.3.
1. Oaths. The acting chair of the decision-making body and the clerk to the board are authorized to administer oaths to all witnesses in evidentiary hearings.
2. Parties. Pursuant to G.S. § 160D-1402(c), the applicant, local government, and other appropriate parties shall have the right to participate at the hearing. Additional witnesses may present competent evidence pertaining to the case.
3. Evidence.
a. All findings and conclusions shall be based on substantial, competent, and material evidence. All competent evidence must be admissible in a court of law.
b. Competent evidence does not include the opinions of lay witnesses attesting to property value implications, traffic impacts, or other matters about which expert testimony would generally be admissible.
4. Meeting Record.
a. Kept pursuant to state public record retention laws.
(Ord., 3-16-21)