12.13.23 BOA Agenda Packet - Laserfiche WebLink

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7. Can I talk to the individual members of the BOA? 58 No. The discussion of matters before the board but outside of the hearing is called ex parte communication and is not allowed. 8. What will the BOA base their decision on? The BOA will accept evidence from parties and then determine whether the standards found in the Unified Development Ordinance have been met. The particular standards can be found in the agenda materials or by inquiring with planning staff. 9. What if I think the standards are too lax or too strict? The BOA cannot change the standards so these concerns should be brought either to planning staff or the BOCC. 10.Can I speak on behalf of my neighbors? Generally, no. The NC State Bar has the opinion that the presentation of other evidence, including the examination and cross-examination of witnesses, making legal arguments, and the advocacy for results on behalf of others before quasi-judicial zoning and land use hearings, is the practice of law that may be performed only by licensed attorneys at law. (See Authorized Practice Advisory Opinion 2006-1). However, neighbors often offer support to one another outside of the hearing including pooling resources to hire an attorney. 11.How do most people establish standing in order to participate? The most common path is to hire an attorney who will assess the circumstances of the particular case. They may recommend the hiring of experts who can testify about conditions that would be harmful to your property. Those professionals can help make the case that you have standing and therefore can participate. Even with professionals there can be arguments over whether there is a sufficient demonstration of standing. 12.Can planning staff tell me if I have standing? No. The BOA determines standing at the hearing. Staff may be able to direct you to the statute which governs standing, but the best approach is to seek independent legal counsel. Rev 23 11 16