(A) G.S. Ch. 160D, Art. 7 authorizes the Zoning Board of Adjustment to hear and decide special use permits, requests for variances and appeals of decisions of administrative officials charged with enforcement of the Spindale Zoning Ordinance. As used in this section, the term DECISION includes any final and binding order, requirement or determination. The Board of Adjustment shall follow quasi-judicial procedures when deciding appeals and requests for variances and special use permits. The respective Board shall hear and decide all matters upon which it is required to pass under any statute or ordinance that regulates land use or development.
(B) A quasi-judicial decision is a process that involves the finding of facts regarding a specific application of an ordinance and the exercise of discretion when applying the standards of the chapter. As a result the following standard procedures for conduct of quasi-judicial hearings shall be incorporated as appropriate, regardless of which Board is involved in the decision.
(1) Contact with decision-making Board members. Contact with any members of a decision-making Board prior to the public hearing by any individual regarding the matter must be disclosed.
(2) All participants to be sworn in. All participants in the public hearing shall be duly sworn in prior to the submission of any testimony. A participant may choose to affirm instead of being sworn.
(3) Competent evidence required. All decisions shall be based on competent evidence entered in as part of the record. The term COMPETENT EVIDENCE, as used in this division (B)(3), 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 decision-making Board to rely upon it. The term COMPETENT EVIDENCE, as used in this division (B)(3)(b), shall not be deemed to include the opinion testimony of lay witnesses as to any of the following:
1. The use of property in a particular way affects the value of other property;
2. The increase in vehicular traffic resulting from a proposed development poses a danger to the public safety; and
3. Matters about which only expert testimony would generally be admissible under the rules of evidence.
(4) Cross-examination of witnesses. The cross-examination of witnesses submitting testimony shall be permitted upon request.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)