Orange County NC Website
Browse       Search
29 <br />(e) Voting <br />The concurring vote of four - fifths of�nem of the board shall be <br />necessary to reyet:se any ot: e�e"it:emefit, decision, et: deteffflinirtion of <br />any administi:ative -eff eial eh-at:ge , ,its, toe eiifet:sefnefit of an et:d ,iafiee <br />adopted pttf t-to -t4is Pat4, et: to dee .ae in of t4e applieant -a*r, <br />matter en v�ieh it is zeqir-ed to pass tm ,,,.a;, anee, of to gfaat-a <br />grant a variance. A majority <br />to determine an meal made in the nature of certiorari. For the purposes of <br />this subsection, vacant positions on the board and members who are <br />disqualified from voting on a quasi-judicial matter shall not be considered <br />"membet:s of toe t.,,at4 members of the board for calculation of the requisite <br />majority if there are no qualified alternates available to take <br />the place of such members. <br />(el) A member of the board or any other body exercising quasi-judicial functions <br />pursuant to this Article shall not participate in or vote on any quasi-judicial matter in a manner <br />that would violate affected persons' constitutional rights to an impartial decision maker. <br />Impermissible conflicts include, but are not limited to, a member having a fixed opinion prior <br />to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a <br />close familial, business, or other associational relationship with an affected person, or a <br />financial interest in the outcome of the matter. If an objection is raised to a member's <br />participation and that member does not recuse himself or herself, the remaining members shall <br />by majority vote rule on the objection. <br />(e2) Quasi - Judicial Decisions and Judicial Review. - <br />M <br />person required to provide notice shall certify that proper notice has been <br />made. <br />Every quasi- judicial decision of the t.oat:a shall be subject to review by the <br />superior court by proceedings in the nature of certiorari <br />pursuant to G.S. 160A -393. A petition for review by toe s "el et: ^^tt4 shall <br />be filed with the clerk of superior court v�,44i by the later of 30 days after <br />the decision of t4e beat:d is filed in stteh offiee as the et4inaflee speeifes-,is <br />effective or after a written copy thereof is given in accordance with <br />subdivision (1) of this subsection. When first -class mail is used to deliver <br />aggi4eved pat:ty eit4e,- by pet:sefial s ,- by , stet:e mail e eet4i a <br />(f) Oaths. -The ehaifman chair of the board of „a:,,stm° or any member tempet:at4ly <br />acting as chair and the clerk to the board areis authorized in his offieial ,.,,raeit„ to <br />administer oaths to witnesses in any matter coming before the board. Any person who, while <br />under oath during a proceeding before the board of adjustment, willfully swears falsely is guilty <br />of a Class 1 misdemeanor. <br />(g) Subpoenas. - The board of adjustment through the chair, or in the chair's <br />absence anyone acting as chair, may subpoena witnesses and compel the production of <br />evidence. To request issuance of a subpoena, persons with standing under G.S. 160A- 393(d) <br />Page 4 <br />Session Law 2013 -126 SL2013 -126 <br />