Agenda - 09-05-2013 - 5j - Laserfiche WebLink

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30 may make a written request to the chair explaining why it is necessary for certain witnesses or in appealed to the full board of adjustment. If a person fails or refuses to obey a subpoena issued pursuant to this subsection, the board of adjustment or the party seeking the subpoena may apply to the General Court of Justice for an order requiring that its erdel: subpoena be obeyed, and the court shall have jurisdiction to issue these orders after notice to all proper parties. -Fe SECTION 2.(a) G.S. 160A- 388(el) is recodified as G.S. 160A- 388(e)(2). SECTION 2.(b) G.S. 160A- 388(e)(2), as recodified by Section 2(a) of this act, reads as rewritten: "(2) A member of 4w--Aay_board of any et4ef body exercising quasi-judicial functions pursuant to this Article shall not 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 e0fliqiets violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, 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 recuse himself or herself, the remaining members shall by majority vote rule on the objection." SECTION 3.(a) G.S. 153A -345 is repealed except that any local modification to that section in effect on September 30, 2013, shall be treated as a local modification to G.S. 160A -388 from October 1, 2013, through June 30, 2015. SECTION 3.(b) Article 18 of Chapter 153A of the General Statutes is amended by adding a new section to read: "S 153A- 345.1. Board of adiustment. For the purposes of this section, as used in G.S. 160A -388, the term "city council" is r — 4I- - � � a -r .. �_ _ —, �� ---I I-- --- "..:4_," - are deemed to refer to the county. (c,) If a board of county commissioners does not zone the entire territorial jurisdiction of the county, each designated zoning area shall, if practicable, have at least one resident as a member of the board of adjustment; otherwise, the provisions of G.S. 153A -25 regarding - -ur_- -- -- r -- - - - -= - - --M' -- -1 - -11 - - -�- 1 - -- - r --3= -- - - --- - -- n SECTION 4. G.S. 160A- 381(c) reads as rewritten: "(c) The regulations may also provide that the board of adjustment, the planning board, or the city council may issue special use permits or conditional use permits in the classes of cases or situations and in accordance with the principles, conditions, safeguards, and procedures specified therein and may impose reasonable and appropriate conditions and safeguards upon these permits. When deciding special use permits or conditional use permits, the city council or planning board shall follow quasi-judicial procedures. Notice of hearings on special or conditional use permit applications shall be as provided in G.S. 160A- 388(a2). No vote greater than a majority vote shall be required for the city council or planning board to issue such permits. For the purposes of this section, vacant positions on the board and members who are disqualified from voting on a quasi-judicial matter shall not be considered "members of the board" for calculation of the requisite majority. Every such decision of the city council or planning board shall be subject to review of the superior court in the nature of certiorari in accordance with G.S. 160A -388. Where appropriate, such conditions may include requirements that street and utility rights -of -way be dedicated to the public and that provision be made of recreational space and facilities." SECTION 5. G.S. 153A- 340(cl) reads as rewritten: SL2013 -126 Session Law 2013 -126 Page 5