Morrisville Unified Development Ordinance - October 2019

Article 2: Administration Section 2.4. Standard Review Procedures 2.4.7. Board of Adjustment or Town Council Review and Decision

e. The proceedings of the hearing shall be recorded by any appropriate means. If a sound recording is made, any person shall be entitled to listen to the recording or make copies, at that person’s expense, in the Planning Department (for hearings conducted by the Board of Adjustment) or in the offices of the Town Clerk (for hearings conducted by the Town Council). Quasi-Judicial Hearings If the application being heard requires a quasi-judicial hearing (see Table 2.3, Summary Table of Development Review Procedures), the hearing shall be subject to the following additional procedures: a. The applicant bears the burden of demonstrating that the application complies with applicable standards of this Ordinance, which shall be demonstrated by competent, material, and substantial evidence. The burden is not on the Town or other parties to show that the standards have not been met by the applicant. b. The body conducting the hearing is not bound by the rules of evidence, or limited to consideration of evidence that is admissible in a court of law. It may consider all testimony and evidence it deems competent and material to the application under consideration, and may exclude testimony or evidence it determines to be irrelevant, immaterial, incompetent, unreliable, or unduly repetitious. d. On being properly recognized by the person chairing the hearing, the applicant, Town staff, or other affected party may be granted an opportunity to ask questions of any other person who has testified at the hearing or to rebut any testimony, comments, documents, or materials presented by such person. Any such inquiry or rebuttal shall be limited to matters raised directly by the testimony being questioned or rebutted. B. Review and Decision The Board of Adjustment or Town Council shall consider the application, relevant support materials, staff report, the recommendation from the Planning and Zoning Board (if applicable), and any comments made at a public hearing (if required), and shall make one of the decisions authorized for the particular type of application, based on the review standards applicable to the application type, as set forth in Section 2.5, Application-Specific Review Procedures. The Board of Adjustment or Town Council shall clearly state the factors considered in its decision and the basis or rationale for the decision. If the review involves a quasi-judicial hearing, the decision shall be reduced to writing, be signed by a duly authorized member of the Board of Adjustment or Town Council, as appropriate, include findings of fact based on competent, material, and substantial evidence presented at the hearing, reflect the determination of contested facts, and state how the findings support compliance with applicable review standards. The decision is effective upon its filing with the Planning Director (for Board of Adjustment decisions) or the Town Clerk (for Town Council decisions). The Board of Adjustment or Town Council shall take action as promptly as possible in consideration of the interests of the applicant, affected parties, and citizens of the town. c. All persons who will testify at the hearing shall be sworn in or affirmed.

C. Conditions of Approval

Any conditions of approval shall be:

Expressly set forth in the approval;

Limited to conditions deemed necessary to ensure compliance with the requirements and particular standards of this Ordinance, Manuals referenced herein, or related approvals (e.g., conditional zoning, special use permit, etc.); or

Morrisville, NC

October 1, 2019

Unified Development Ordinance

Page 2-23