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<br /> (e) Voting
<br /> The concurring vote of four-fifths of�nem of the board shall be
<br /> necessary to reyet:se any ^"aec�e"it:emefit, decision,-et: deteffflinirtion of
<br /> any administrative e=ieial eh-at:ge , ,it>, toe exfet:eeinex* of an et:d,iafiee
<br /> adopted pttre t-to-t4is Pat4, et: to dee .ae in f of t o plieant-a*r,
<br /> matter en v�ieh it is ze"ired to pass tm ,,,.a;, anee, of to grant-a
<br /> vase° f e toe r s of toe ^rdifia ee—grant a variance. A majority
<br /> of the members shall be required to decide any other quasi-judicial matter or
<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 >,,,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 /> The board shall determine contested facts and make its decision within a
<br /> reasonable time. Every quasi-judicial decision shall be based upon
<br /> competent, material, and substantial evidence in the record. Each
<br /> quasi-judicial decision shall be reduced to writing and reflect the board's
<br /> determination of contested facts and their aplication to the aplicable
<br /> standards. The written decision shall be signed by the chair or other duly
<br /> authorized member of the board. A quasi-judicial decision is effective upon
<br /> filing the written decision with the clerk to the board or such other office or
<br /> official as the ordinance specifies. The decision of the board shall be
<br /> delivered by personal delivery, electronic mail, or by first-class mail to the
<br /> applicant, property owner, and to any person who has submitted a written
<br /> request for a copy, prior to the date the decision becomes effective. The
<br /> person required to provide notice shall certify that proper notice has been
<br /> made.
<br /> Every quasi-judicial decision of the >,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 et4inaflse 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 /> notice, three days shall be added to the time to file the delivet:ed to
<br /> evetzy oa rata. ,,�e has filed Fitter r est f r s e ,4 the
<br /> seet:etat:y et:teh. of toe i eat:d-at toe time of its t, g of the ease,
<br /> �ieheyetis-lat°c he deeisio,, of toe beat:d may be delivered to
<br /> ,;t ,-ot,,..,, , ,mot-equested.
<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 o ffie a ,.,,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 Session Law 2013-126 SL201ttrr� �'
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